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

Vol. 155 WASHINGTON, TUESDAY, MAY 19, 2009 No. 77 House of Representatives The House met at 10:30 a.m. and was Miah, as he was known, was simply a and fruits of a free Nation. And in that called to order by the Speaker pro tem- good kid. He made friends easily, he depiction, Washington beckons. pore (Mr. TONKO). had a great sense of humor, and he had From little towns like Portola, Cali- f wanted to join the Army since he was fornia, decent young men and women 4 years old. He was an exemplary sol- with promising futures, like Jeremiah DESIGNATION OF SPEAKER PRO dier who commanded the friendship McCleery, have answered. And I don’t TEMPORE and respect of his colleagues. He had know where we get such men, and I The SPEAKER pro tempore laid be- fallen in love with a girl at Fort Hood don’t know how their families can bear fore the House the following commu- before he shipped out, with their whole it. But I do know what we owe them. nication from the Speaker: lives ahead of them. And I do know that we can never repay WASHINGTON, DC, A friend of his, Josh Rodgers, was that debt, except to honor their mem- May 19, 2009. asked when Miah McCleery was ory and keep their sacrifice always in I hereby appoint the Honorable PAUL happiest, and the answer was, ‘‘doing mind, those who gave up everything TONKO to act as Speaker pro tempore on this anything with his dad.’’ They had lost ‘‘to proclaim liberty throughout all the day. his mother, Collette, to cancer a few land, and unto all the inhabitants NANCY PELOSI, years ago. His father, Joe, worked at a thereof.’’ Speaker of the House of Representatives. refuse collection company and later at f f a sheet metal business, and Miah was HONORING AND REMEMBERING MORNING-HOUR DEBATE often at his side. That same friend was asked why LES SARNOFF The SPEAKER pro tempore. Pursu- Jeremiah had enlisted. The response, The SPEAKER pro tempore. The ant to the order of the House of Janu- ‘‘he always wanted to when he was a Chair recognizes the gentleman from ary 6, 2009, the Chair will now recog- kid. He probably just wanted to out of Oregon (Mr. BLUMENAUER) for 5 min- nize Members from lists submitted by patriotic duty to go serve. And I think utes. the majority and minority leaders for he wanted to go do his part.’’ Mr. BLUMENAUER. This is an era morning-hour debate. The question first asked by Jim where new media and communication The Chair will alternate recognition Michener thunders across the country- devices are seemingly created over- between the parties, with each party side with a loss like this: ‘‘Where do we night. Was it only 3 years ago that limited to 30 minutes and each Mem- get such men?’’ Mr. Speaker, I don’t YouTube bounced on the scene? It ber, other than the majority and mi- know how to offer condolences to Miah seems like it was last week that we nority leaders and the minority whip, McCleery’s family, to his father, Joe, first heard about Twitter. limited to 5 minutes. to his sisters, Lynette and Chastity, Well, the first and most influential of f and to his grandparents and many the ‘‘new media’’ still plays a large role friends. The loss they bear is beyond in our lives. Radio captures that magic HONORING ARMY SPECIALIST my comprehension. in part because of the radio personal- JEREMIAH P. MCCLEERY I can only offer my awe and gratitude ities who captivated us with their dis- The SPEAKER pro tempore. The that humanity has within itself a small tinctive voices and wit, made larger Chair recognizes the gentleman from band of brothers like Jeremiah than life by how much was left to our California (Mr. MCCLINTOCK) for 5 min- McCleery who stepped forward not for imagination in terms of the production utes. treasure or profit nor even to defend and even what they looked like. Wil- Mr. MCCLINTOCK. Mr. Speaker, I their own freedom. But rather, to win liam Conrad was the radio voice of rise today with the sad duty of recog- the freedom of a people half a world Gunsmoke’s marshal, Matt Dillon, who nizing the death in combat of Army away. And they do it because their was played on TV by actor James Specialist Jeremiah P. McCleery, age country asks and because it is virtuous Arness, 6 foot 6, tall and rangy with 24, of Portola, California. and noble. craggy good looks. William Conrad, the Mr. Speaker, if you read the observa- A few feet from here in the Capitol radio voice, sounded that way, but he tions of his friends, you very quickly Rotunda is a fresco called the ‘‘Apothe- was short and rotund. And while he realize this was not only an irreplace- osis of Washington.’’ It depicts General looked distinctive, few would confuse able loss to his family and a monu- Washington, in uniform, ascending to him with a matinee idol. From Fred mental loss to his community, but it the heavens, flanked by victory and Alan, Jack Benny and Edward R. Mur- was also a terrible loss for our country. freedom, and surrounded by the essence row to Scott Simon, Garrison Keillor

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 Nov 24 2008 01:26 May 20, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A19MY7.000 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5716 CONGRESSIONAL RECORD — HOUSE May 19, 2009 today, these people play an important WORLD HEPATITIS DAY other important agricultural commod- role not just in a communication and The SPEAKER pro tempore. The ities that are not subsidized, that don’t entertainment medium, but in the lives Chair recognizes the gentleman from use subsidized water, that, in fact, are of Americans. New York (Mr. TOWNS) for 5 minutes. critical to healthy diets for Americans and provide a tremendous balance of In much of the commercial radio Mr. TOWNS. Mr. Speaker, today, payments on our trade efforts abroad. wasteland today, where content is cen- May 19, marks the second annual World Sadly, though, three critical years of tralized and digitized, while costs are Hepatitis Day, when the need for great- er public awareness towards prevention drought shortage have had a dev- cut, local personalities, who played astating effect on communities in the such a profound role in virtually every and treatment of this silent killer is recognized internationally. San Joaquin Valley and in my district. community, are more and more a dis- My district and Congressman tant memory. Hepatitis is a prime example of an issue that must be addressed now, as CARDOZA’s district are at ground zero In my hometown of Portland, Or- Congress and the administration work where we have communities that have egon, we are still blessed with a few together to create a sustainable health 30 and 40 percent unemployment, com- distinctive local voices. But sadly last care system for future generations. munities that have 10 and 12,000 people, month, we lost one who can only be de- Of those infected with viral hepatitis 30,000 people, 50,000 people. When one- scribed as an icon. For decades Les C, more than three-quarters are un- third of the people in your community Sarnoff was the most distinctive per- aware of their infection, making the don’t have jobs, it is a depression. sonality in what started as an idiosyn- long-term consequences of HCV infec- Today, clearly, our environmental cratic, offbeat and obscure FM station. tion, including cirrhosis of the liver regulations are not working. We have He helped it grow into a major com- and liver cancer, a greater, greater an inability to move water around mercial success and a Portland fixture. danger. California. The characteristics that made him A study about HCV released just yes- b 1045 such a well respected professional and terday by Milliman Incorporated, one We know that, if this drought lasts a beloved local figure helped him rise of the Nation’s most respected firms, fourth and fifth year, Katy, bar the above and survive the turmoil in the tells a troubling story. They are saying door. industry, the often destructive that over the next 20 years, medical These are food lines in communities changes, to brighten the mornings of costs for patients with HCV infections in my district. The irony is that these tens of thousands of my neighbors are expected to increase from $30 bil- are some of the hardest working people every day for the better part of three lion in 2009 to over $85 billion in 2024. you will ever meet. Normally, they decades. Chronic viral hepatitis is a leading would be working in fields, working in cause of primary liver cancer, one of processing facilities, putting food on Les was a dedicated and disciplined the fastest growing cancers, which sig- professional, arising shortly after mid- America’s dinner plates. Sadly, they’re nificantly impacts 6 million Americans in food lines. How horrific in America. night every weekday to spend hours in and has a 5-year survival rate. The mi- preparation before his morning shift. Many of my colleagues for the last 4 nority population will be dispropor- months, 5 months have been working He was a step ahead of legitimate tionately affected. Hepatitis C is twice trends in music, but with a profound to try to bring attention to our State as common among African Americans representatives, to our Governor and, respect for both music and artists that as among whites. here, to our President and to the new was timeless. He had a rapport and a As a Member of the United States administration in town because we chemistry with not only his audience, House of Representatives, I will con- know, in California, like other parts of but the outstanding people that were tinue to support increased funding to- the country, droughts and floods are part of his morning team over the wards public education, early detec- cyclical. years. Despite a demanding schedule tion, testing and counseling for pa- This photograph is an almond or- and brutal hours, Les always made tients. We cannot afford to be silent chard that has been pulled out because time to be part of public events and about this disease any longer. We must of a lack of water. So, to that degree, public affairs. speak out and take action. That is Congressman CARDOZA and I, in Janu- Now, media and people in politics what we need to do to curtail this very, ary, began meeting with the new ad- need for, professional and ethical rea- very serious problem. ministration, laying out a host of ad- sons, to maintain a certain distance. f ministrative efforts that we thought, That is far more important to a media with flexibility, could allow us to move THE DROUGHT CRISIS IN SAN personality like Les, than for a politi- water around from parts of the State JOAQUIN VALLEY cian like me. And observe that distance that have water. We have met with he did, but always with a sense that I The SPEAKER pro tempore. The Secretary Salazar and his staff, with was a friend, with a sense of interest Chair recognizes the gentleman from the Mid-Pacific Region and their staff and awareness whenever I would visit California (Mr. COSTA) for 5 minutes. time and time again and with the Gov- him in the station or more often do a Mr. COSTA. Mr. Speaker, I rise today ernor and his director of water re- telephone interview from our Nation’s to bring attention to a drought crisis sources, and we have brought to the at- Capitol or an occasional lunch or inter- that is affecting California’s San Joa- tention of the President and of his action at a civic event. But it was not quin Valley. Three years of below-aver- White House staff the fact that they Les Sarnoff letting his guard down. It age rainfall have created tremendous should come to the valley and see first- was Les revealing that at core he liked, hardships in valley communities that hand the devastating impacts. understood and respected everyone. He are the backbone of California’s agri- We need to have flexibility during was curious, funny and caring. Even in culture economy. We have heard time times of drought. Clearly, people are as his passing, Les brought our commu- and time again about the deep, deep fi- important as the other environmental nity together as thousands gathered nancial impacts affecting all regions of balances and trade-offs that are there. our country. But in places like Detroit If the Environmental Species Act were last Sunday to honor his memory in and in places like the San Joaquin Val- working, we would not have a decline Portland’s Pioneer Square, our City’s ley, where you have 30 and 40 percent in the fisheries that have taken place front yard. By reflecting on his life, we unemployment, it is no longer a deep over the last two decades. So we are reflect on ours. recession, but it is a depression. working on short-term efforts to try to To his wife Rita, Les’ many friends Farmers and farm workers in the San deal with the current situation in the and colleagues, because of his love for Joaquin Valley grow over 350 different event that this drought lasts a fourth and work with you, we have all been crops, employing tens of thousands of or a fifth or a sixth year. touched. We will never be the same people and providing half the Nation’s The last drought we had in California without Les, but also, we will never be fruits and vegetables. It is number one lasted 6 years, from 1988 to 1993. I pre- the same because of Les Sarnoff. in the dairy industry and a host of dict to my colleagues that if, in fact,

VerDate Nov 24 2008 23:38 May 19, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.003 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5717 this drought lasts a fourth or a fifth however, when servicemembers return in successful policies that have been year, California will be rationing water home from active duty or if a veteran enacted at home and abroad. in southern California and in the Bay has simply moved to a new home, they Just as more than half of our States Area, and we will see a horrific set of lose contact with the Department of have enacted successful renewable elec- circumstances affecting our State. Veterans Affairs. This bill will enable tricity standards, so too have other na- So it is time to act now, both with one more avenue of communication, an tions. Germany, for example, has a the short-term remedies as well as with e-mail address, to be included on each lower solar exposure than almost all of the long-term remedies. We need to try servicemember’s DD–214 form. the United States, and yet it is the to do everything we can to plan for the For many veterans, particularly for world’s leader in renewable energy, as next year in the event that this our youngest veterans returning from documented in a recent article in the drought continues. We need to provide Iraq and Afghanistan, a personal e-mail National Journal. In the last decade, flexibility at the Federal and State address is the most common and effi- the number of Germans employed in pumps to move water around, to make cient way to communicate with them. the renewable energy sector has grown water banks work, and yes, in the long In utilizing modern e-mail technology, from 30,000 to 280,000. Germany has in- term, we need to fix the plumbing sys- this legislation will make great strides stalled 22,247 megawatts of wind energy tem in the delta. in expediting the delivery of benefits and 3,811 megawatts of solar photo- California has 38 million people. By that our country’s veterans unques- voltaic. Strong mandatory incentives the year 2030, it is estimated we will tionably deserve. These brave Ameri- for renewable energy have fueled this have 50 million people. We have a cans and their families have made im- jobs boom in Germany. water system designed for 20 million measurable sacrifices to our Nation’s The number of coal mining jobs in people. It cannot work. So, with a larg- well-being. I am honored to sponsor the United States has fallen by 50 per- er coalition of the Latino Water Cau- this legislation, and I urge my col- cent in the last three decades, prin- cus, we marched on water in April. We leagues to support it. cipally due to mechanization. Those are going to continue to march. We are f coal jobs disappeared from States like going to continue to try to seek out Virginia and West Virginia, which lack our colleagues who want to construc- REGIONAL IMPACTS OF CLEAN incentives for renewable energy. In tively help us with the administration ENERGY LEGISLATION Germany, on the other hand, the num- to understand that both short-term and The SPEAKER pro tempore. The ber of coal mining jobs also has fallen, long-term investments in California in- Chair recognizes the gentleman from but the number of renewable energy frastructure are critical if we are going Virginia (Mr. CONNOLLY) for 5 minutes. jobs created has more than offset the to solve this problem. Mr. CONNOLLY of Virginia. I thank lost jobs by a factor of five. Unfortu- This is a forerunner of what’s occur- the Speaker. nately, many U.S. companies, like ring, not just here in California but Today, I rise as a southern Congress- First Solar, have built factories in Ger- around the world. Water is the life- man to discuss the regional impacts, many rather than here in America be- blood of man’s ability to produce food Mr. Speaker, on clean energy legisla- cause Germany had requirements for and fiber. The problems we are having tion and on a renewable electricity renewable energy production. in California today are happening standard in particular. The minority claims that a clean en- around the world. We need to act We have heard that it is impossible ergy bill will result in net job losses, today. to have a national renewable elec- but in reality, we are losing jobs right f tricity standard, because different now because we do not have a stronger States have different renewable energy clean energy policy. We cannot cling to VETERANS COMMUNICATION resources, and that the southeastern antiquated modes of energy production IMPROVEMENT ACT United States, in particular, would be that are hemorrhaging jobs and then The SPEAKER pro tempore. The unable to meet targets established by expect to achieve, much less expedite, Chair recognizes the gentleman from the renewable electricity standard in an economic recovery here at home. If New Mexico (Mr. HEINRICH) for 5 min- the draft American Clean Energy and we are to drive economic growth, we utes. Security Act now being considered by must invest in innovation and in job Mr. HEINRICH. Thank you, Mr. the Energy and Commerce Committee creation, not in exhausted resources Speaker. of this body. and outmoded systems of production. I rise today to introduce the Vet- I represent a State in which there is Here in the South, where we have not erans Communication Improvement not a single utility-scale renewable benefited from strong renewable en- Act. This bill will provide for a generation facility. The Virginia Gen- ergy incentives, we need a national re- smoother transition for servicemem- eral Assembly has not enacted a man- newable electricity standard to create bers moving to veteran status, and it datory renewable electricity standard, new jobs in both mill towns that have will help facilitate the communication so we have failed to create market cer- lost jobs overseas and in prosperous between all veterans and veterans’ tainty for firms that would invest in business centers such as those I rep- services. renewable energy otherwise. In con- resent in northern Virginia. The Currently, when a servicemember trast, New Jersey has 44 megawatts of Southeast has wind resources in the concludes his service to our country, grid-connected solar capacity, fueled in Continental Shelf, in the Appalachian he fills out a form known as the DD– part by a 22.5 percent renewable elec- Mountains, and it has good solar expo- 214. This form is essentially a compila- tricity standard with solar set aside. sure throughout our entire region. tion of a member’s time in the mili- New Jersey has more than twice as Now is the time, Mr. Speaker, to ex- tary. It includes awards and medals much grid-connected solar energy gen- ploit those natural resources and to and other pertinent service informa- eration than the total for all States produce energy right here at home. tion such as promotions, combat serv- without a renewable electricity stand- Now is the time to pass clean energy ice or service overseas. The DD–214 also ard, including Virginia, even though it jobs legislation with a strong renew- contains information needed to verify has less solar exposure than any State able electricity standard. military service for benefits, retire- in the Southeast. What we have wit- f ment, employment, and membership in nessed in the Southeast is not a lack of veterans’ organizations, which makes natural resources but, perhaps, a lack CROSSROADS it one of the most important docu- of political will. The SPEAKER pro tempore. The ments in the military. Since we are in the midst of the most Chair recognizes the gentleman from As to be expected, the DD–214 con- severe economic contraction since the Kentucky (Mr. YARMUTH) for 2 min- tains the current physical address and Great Depression, the clean energy jobs utes. phone number of the veteran, but there legislation before us represents not an Mr. YARMUTH. Thank you, Mr. is no place on the form for a veteran to academic debate but, rather, an oppor- Speaker. include his or her e-mail as the best tunity to spur economic growth and to Mr. Speaker, this Congress is being way to be contacted. Far too often, reduce greenhouse gas pollution based called on to make some very critical

VerDate Nov 24 2008 23:38 May 19, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.005 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5718 CONGRESSIONAL RECORD — HOUSE May 19, 2009 decisions. We are at a crossroads in every person, almost every family is budget should have gone further which this country and in the world. touched by someone who has liver dis- is why I didn’t support it. But let there You know, we are trying to make eases. be no doubt that we turned this ship bold moves. President Obama has pro- Every year in this country, thou- around from unending deficits to cut- posed a very bold agenda in the area of sands die from liver disease. We spend, ting those deficits in more than half in health care reform, energy and edu- roughly, $30 billion a year treating the next 5 years. This is the decent cation, and we have taken up that liver disease, and many more are thing to do. It is the right thing to do. cause in this Congress, and we are mov- frightened, even though they shouldn’t But in addition to the budget deficits ing very decisively to make significant be, because they know the terrible sta- that were run up in recent years, there changes in this country. tistics I just cited. Hepatitis doesn’t af- was also a running up of a jobs deficit. From the other side, we hear reason- fect people at the end of life, but rath- We hear people talking now, worried able questions: How much is this going er, it can affect people in the primes of suddenly about the jobs we could lose to cost? What about the deficits we will their lives. When it does so, it poten- by getting in front of the energy econ- be incurring? What about fiscal respon- tially leaves behind orphans, widows omy. What about the jobs we have al- sibility? Well, you know, there are two and widowers. ready lost? My colleague, Mr. aspects to fiscal responsibility. One is The best of the American spirit is CONNOLLY, has already spoken to how living within your means. There’s no compassion. Public policy should re- many millions of jobs have already question about that. We need to be able flect this compassion, and in this case, gone overseas, good paying, advanced to do that. The other question is: How it will be for our friends, our families manufacturing jobs, engineering jobs, do you prepare for the future? If we are and, in my case, my patients touched that could have been here if this body living within our means and are not by hepatitis. Today, on World Hepatitis had the courage and the leadership to willing to make the investments that Day, I ask that we, through public pol- look forwards and not backwards. we need to make, then the future is icy, pledge our compassion to those so Again, both parties have been part of going to be very bleak, indeed. affected. trade deals that I think have been a You heard just a few minutes ago my f bad bargain for the American worker. But let us have no doubt that there are colleague from California, Mr. COSTA, THE IMPORTANCE OF FISCAL those in this body now ready to have talking about the need to promote in- RESPONSIBILITY frastructure, to invest in infrastruc- the courage to be ahead of the next big The SPEAKER pro tempore. The jobs boom and make sure that those ture and in the water supply in Cali- Chair recognizes the gentleman from next generation of jobs will be created fornia. Well, this is just one microcosm Virginia (Mr. PERRIELLO) for 5 minutes. here in the United States as we move of the challenge we will face across the Mr. PERRIELLO. Thank you, Mr. towards a balanced budget, the kind of country with bridges, roads, airports, Speaker. business climate where people want to air traffic controls, water systems, I rise today as one of the younger locate and where we dare the American sewers. We need to make significant in- Members of this body to speak out consumer and American business lead- vestments in all of those areas in order about the importance of fiscal respon- ers to lead, to innovate, to create, to be to provide the foundation, the infra- sibility. As one of those young enough at the forefront of that new energy structure, for future growth, and we’re who will take on much of the burden of economy. going to have to borrow money to do the deficits created today, I speak out This jobs deficit that has been cre- that. Similarly, if we don’t make the of the urgency of our considering fu- ated hand in hand with our budget def- changes in our health care system and ture generations in the decades ahead icit is one we can conquer. I believe we in our energy system and in our edu- as we look at this. It’s certainly true have taken great steps already in this cation, we will not have the human in- that both political parties have much Congress to put ourselves at the fore- frastructure that we need to move into to answer for in terms of the deficits front of science, of research, of green the future. that have been run up, but it’s also im- energy. I come from an area of the You know, I’ve heard the minority portant that we do not embark on revi- country that has a great deal of pain leader on the other side say: How much sionist history and suggest moral right now. We have more than 20 per- is it going to cost to do health care re- equivalence between the sides. cent unemployment in some of the form? Well, I’m not sure, but we know b 1100 towns in our districts as factories have how much it’s going to cost not to do gone overseas. health care reform. We’ve seen the pro- We must remember that the last ad- As we look at the possibility for al- jections. Tens of trillions of dollars ministration walked into a situation ternative energies, energy efficiency over the next 70 years in additional def- where they had a $5.6 trillion surplus— technology, smart grid technology, ad- icit are forecasted for Medicare. That’s a $5.6 trillion surplus—that they turned vanced battery manufacturing, I be- if we don’t act. So we know what the into a $4.5 trillion deficit. That turn- lieve our side has the courage to say cost of not acting is. It is time to act. around, you could hear future genera- America can do that better than any- It is the fiscally responsible thing to do tions crying as that great opportunity body else. I believe southside Virginia to adopt the agenda of the Obama ad- to restore fiscal sanity was passed up can do that better than anyone else. ministration, and I look forward to and our national debt was doubled. But we will not get it by continuing being a part of that historic effort. The Clinton administration and this the moral deficit we have had in our f body in the early 1990s took bold steps politics in recent years that puts the to get us on the path towards fiscal re- easy ahead of what is right. That puts WORLD HEPATITIS DAY sponsibility. We saw the same kind of partisan gains of right and left ahead The SPEAKER pro tempore. The bold leadership from the Democrats in of right and wrong. Chair recognizes the gentleman from my state, the Commonwealth of Vir- The Democrats have a strong track Louisiana (Mr. CASSIDY) for 2 minutes. ginia, when MARK WARNER came in as record of fiscal responsibility in my Mr. CASSIDY. I thank you. Governor, inheriting a huge deficit, State of Virginia and here in this body. Today is World Hepatitis Day. This and turning it into a surplus and mak- We have begun a path that I hope we has special meaning for me because I’m ing Virginia the best-managed State in will continue to march down toward a liver doctor, and I’ve spent 20 years the country. Governor Kaine moved in fiscal responsibility that will generate treating hepatitis patients. Three to and continued that tradition, even the jobs and the economic competitive- four million Americans have hepatitis, under much more difficult economic ness that this country needs. and about two-thirds of those folks are times, of fiscal responsibility and san- So I rise today hopeful and happy baby boomers. Maybe it has special ity. So we know that this can be done that we are part of that new change meaning for me because I’m a baby because we have seen Democrats do it here to bring back and close in this boomer, but it also includes firemen, at the national level, and we have seen time, to close the moral deficit, close those affected at birth, Vietnam vet- Democrats do it at the State level. the jobs deficit, and close the budget erans, and many others who are af- We have taken steps in this body to deficit and restore the kind of responsi- fected by this disease. Indeed, almost move in the right direction. I think the bility that future generations deserve.

VerDate Nov 24 2008 23:38 May 19, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.007 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5719 RECESS airspace over Connecticut, New York REDUCING THE DEFICIT The SPEAKER pro tempore. Pursu- and New Jersey. Plans for this redesign (Mr. ALTMIRE asked and was given ant to clause 12(a) of rule I, the Chair have moved forward, certainly in my permission to address the House for 1 declares the House in recess until noon district, without proper and appro- minute.) today. priate input from the stakeholders and Mr. ALTMIRE. Mr. Speaker, Con- Accordingly (at 11 o’clock and 4 min- from my constituents affected by this gress and the President continue to utes a.m.), the House stood in recess move. work together to strengthen our econ- until noon. Planes are being rerouted to fly over omy and begin the process of reducing southwestern Connecticut upon de- the mountain the debt that has accu- f scent into New York’s airports, and my mulated over the past 8 years. b 1200 constituents have been subjected to un- We enacted a budget that reduces the necessary and unprecedented levels of deficit by two-thirds over the next 4 AFTER RECESS noise in their homes and places of busi- years and by hundreds of billions over The recess having expired, the House ness. A day does not go by that I don’t the next year alone. We made the nec- was called to order by the Speaker pro hear this concern from my constitu- essary hard choices to dig our way out tempore (Mr. BLUMENAUER) at noon. ents. of the hole we inherited by eliminating programs that don’t work and holding f Later this week I will be submitting an amendment along with my col- government contractors accountable PRAYER leagues Congressman SESTAK and Con- for every penny they spend. We are addressing the issues that are The Chaplain, the Reverend Daniel P. gressman ENGEL during floor consider- Coughlin, offered the following prayer: ation of H.R. 915, the FAA reauthoriza- driving our long-term deficit. By mak- One God and Father of all, we ask tion bill. This amendment will call ing health care more affordable for every American, reducing our depend- You to renew Your spirit within us and simply for a cost-benefit analysis to be ence on foreign oil, and improving our lift up this Nation in confidence, in de- performed before the redesign proceeds education system to be more globally termination and transformative think- any further. competitive, we’re taking the nec- ing. The amendment will require the cost- essary steps today to ensure that we Members of Congress are distinctly benefit analysis to take into account correct the fiscal mistakes of the past unique individuals representative of direct costs as well as the indirect and don’t just send the bill along to fu- America. They are not only racially, costs of alleviating the noise that so ture generations. religiously and politically different; affects my constituents. they are personally and philosophically I urge my colleagues to support this f different, one from another, closest to commonsense amendment to the FAA CLOSING AUTOMOBILE their families and the people of their reauthorization bill. DEALERSHIPS districts. (Mr. PAULSEN asked and was given Yet by coming here, they are called f permission to address the House for 1 to form one body, to guide and protect minute and to revise and extend his re- this Nation as a whole. By unfolding MEDICAL RIGHTS ACT marks.) before their very eyes the depth and Mr. PAULSEN. Mr. Speaker, recently variety of human needs and by seeking (Mr. KIRK asked and was given per- the President’s automobile task force a common response to economic and mission to address the House for 1 eliminated more than 3,000 Chrysler social concerns, may they become Your minute and to revise and extend his re- and GM dealerships nationwide. These instrument to breathe hope in Your marks.) dealerships are small businesses with people and sustain perseverance in the Mr. KIRK. Mr. Speaker, many are an average of 52 good-paying jobs each. historical institutions of this great Na- concerned about waiting lines that So the actions by the Federal Gov- tion, both now and forever. Amen. would come with a government health ernment, not the private auto indus- f care program, and their fears are well- try, just put over 150,000 people out of founded. Canada and Europe restrict work with the wave of a government THE JOURNAL care for patients, especially the elder- wand. Most troubling is that the gov- The SPEAKER pro tempore. The ly. ernment’s decision on which dealers Chair has examined the Journal of the The President has outlined three would close appears to be arbitrary, last day’s proceedings and announces principles for his bill: lower cost, and the reasons are not being shared to the House his approval thereof. choice and access. I support these with the public. Pursuant to clause 1, rule I, the Jour- goals; and to back them, the President In my district, a long-time local nal stands approved. should also endorse the Medical Rights dealer, Bill Mason’s Chrysler Jeep in Act. Excelsior, was given 30 days by the f Congressman DENT and I will intro- President’s auto task force to shut its PLEDGE OF ALLEGIANCE duce the Medical Rights Act tomorrow. doors. Thirty days. It didn’t matter that he built the business, owns the The SPEAKER pro tempore. Will the Our legislation is founded on this: The Congress should make no law that land and provides good-paying jobs. gentleman from Minnesota (Mr. Mr. Speaker, it is wrong to let Wash- blocks the decisions of American pa- PAULSEN) come forward and lead the ington bureaucrats pick winners and tients made with their doctor. House in the Pledge of Allegiance. losers without public notice at the ex- If patients are our prime focus, then Mr. PAULSEN led the Pledge of Alle- pense of thousands of jobs. giance as follows: their rights should be protected in law. f I pledge allegiance to the Flag of the If we do not enact the Medical Rights United States of America, and to the Repub- Act, patients will be at risk when the RESTORING FISCAL lic for which it stands, one nation under God, government denies care, as routinely ACCOUNTABILITY indivisible, with liberty and justice for all. happens in Canada. (Ms. WATSON asked and was given f Once denied government care, many permission to address the House for 1 Canadians find doctors in America. If minute.) AIRSPACE REDESIGN OVER CON- Congress orders the government to Ms. WATSON. Mr. Speaker, Demo- NECTICUT, NEW YORK AND NEW take over America’s health care sys- crats have been committed to fiscal re- JERSEY tem, then where will we be able to sponsibility since taking control of the (Mr. HIMES asked and was given per- drive once denied from a government House in 2007. The President’s budget mission to address the House for 1 health care system? calls for health care reform, job cre- minute.) To prevent the mistakes of Canada ation, a clean environment, energy ef- Mr. HIMES. Mr. Speaker, I rise today and Britain, Congress should enact the ficiency, and college affordability to be to talk about the FAA’s redesign of the Medical Rights Act. completely deficit neutral.

VerDate Nov 24 2008 23:38 May 19, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.008 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5720 CONGRESSIONAL RECORD — HOUSE May 19, 2009 We are constantly reviewing the ment and kindled a spirit and a spark only good for the environment but progress and spending of our recovery in America that has led to more equal would also create jobs in our commu- programs to ensure a strong return on justice and a better nation that we are nities and bolster our national secu- every public dollar spent. We’re also continually improving upon. rity. working to cut programs that don’t John Hope Franklin, who recently One area in which we can do a lot of work or government contracts that died and has been honored by this good is biofuels. My State of New Mex- don’t deliver for the American people. House, researched the law on the sub- ico is fortunate to have several biofuel We’re working hard to reform our Na- ject; and Thurgood Marshall, who later organizations on the cutting edge of re- tion’s health care system, which will became a United States Supreme Court search. Both private companies and the reduce the deficit, save money for con- Justice, argued the case on behalf of national labs in my State are making sumers, and improve efficiencies in the the NAACP Legal Defense Fund. excellent progress towards commer- health care system. On this, the 55th anniversary of that cially producing oil from algae and In a key step, we scheduled oversight historic case that kindled a movement other green sources. hearings and carefully reviewed all in this country that went from the The United States currently uses 20 Federal spending within the commit- streets and the churches to this Con- million barrels of petroleum each day. tee’s jurisdiction to eliminate waste, gress, we need to recognize those who American biofuels producers are aim- fraud and abuse. have fought so valiantly for justice and ing to reach 1 million barrels a day of I applaud President Obama and the liberty and civil rights in this Nation. biofuel production, which will really be Democratic Congress for taking these I appreciate their efforts and what sending a message to OPEC that Amer- critical steps and we will continue they’ve done for our Nation. ica is serious about her energy inde- working with him to reduce our Na- f pendence. tion’s deficit and debt. CALIFORNIA BAILOUT f f (Mr. POE of Texas asked and was b 1215 A TRIBUTE TO THE WILKES VFW given permission to address the House POST 1142 HONOR GUARD QUALITY SOLUTIONS FOR for 1 minute.) PATIENTS (Ms. FOXX asked and was given per- Mr. POE of Texas. Mr. Speaker, the mission to address the House for 1 State of California boasts the highest (Mr. BOUSTANY asked and was minute and to revise and extend her re- tax rates, the highest number of unem- given permission to address the House marks.) ployed residents, the lowest credit rat- for 1 minute and to revise and extend Ms. FOXX. Mr. Speaker, I rise today ing and largest deficit in the United his remarks.) to pay tribute to the Wilkes County, States of America. Mr. BOUSTANY. Mr. Speaker, over North Carolina, VFW Honor Guard. Businesses are leaving the State in the weekend, I was privileged to give This band of brothers has faithfully droves because the tax burden con- the weekly Republican address. And as served the veterans and families of tinues to hammer them. Spendacrats a doctor, I’ve seen firsthand the dif- Wilkes County for the past 12 years by in California have been running their ficult challenges that face health re- honoring the lives of deceased veterans State for decades, just like the new left form, and at first glance, the task real- in Wilkes County. government in D.C. wants to run the ly seems daunting. However, working Every member of the Honor Guard entire country: tax and borrow and together we can achieve real results for volunteers his time throughout the spend and spend. the American people. We can lower year to execute the Honor Guard’s pri- Some spendacrats in D.C. want the out-of-pocket costs for families and re- mary duty of performing military fu- American taxpayer to bail out Cali- duce the Federal deficit, which is bal- neral rights for deceased veterans. fornia by cosigning a guarantee for looning out of control. We can increase Their commitment to those who have their municipal bonds, placing the full the quality of care by increasing the served our Nation demonstrates that faith and credit of the United States choices and information patients have they not only understand and revere taxpayer on the hook. in order to work with their doctor, the the life of sacrifice chosen by those Texas taxpayers and other States doctor they choose to decide the best who serve in the Armed Forces, but with responsible government shouldn’t care possible. Let’s begin by ensuring they also know the toll military serv- be forced to send their money to a families can keep their current cov- ice takes on the family of veterans. State that mismanages its money, erage, as the President has promised to In paying their respects to deceased wastes its resources and spends money do. Then we can work to lower the cost veterans, the Wilkes VFW Honor Guard it doesn’t have on programs that don’t of health care by giving patients flexi- is offering a tangible thank you to vet- work. Why doesn’t California cut its bility and choice rather than one-size- erans’ families and also preserving an spending binge and addiction to gov- fits-all, government-run health care. American tradition of marking the ernment programs rather than expect Working together, we can achieve real death of veterans with dignity and re- the rest of us to bail them out? results and make health care more af- spect. Next we’ll hear that taxpayers will fordable and accessible. I commend the Wilkes VFW Honor make money off the California bailout We all agree, improving our system Guard members for their selfless serv- investment, just like we were promised will make America more competitive ice to their community and their Na- would happen with all the money we and give families peace of mind. Let’s tion. They are true patriots. gave Wall Street. Yeah, right. work together to put the doctor and f And that’s just the way it is. patient back in control. 55TH ANNIVERSARY OF BROWN V. f f BOARD OF EDUCATION FOCUS ON RENEWABLE ENERGY RESTORING FISCAL (Mr. COHEN asked and was given per- (Mr. TEAGUE asked and was given RESPONSIBILITY mission to address the House for 1 permission to address the House for 1 (Ms. TITUS asked and was given per- minute.) minute.) mission to address the House for 1 Mr. COHEN. Mr. Speaker, on Sunday Mr. TEAGUE. In 2007 when I an- minute and to revise and extend her re- this Nation recognized the 55th anni- nounced that I would be running for marks.) versary of a great Supreme Court Congress, people were surprised to find Ms. TITUS. Mr. Speaker, after 8 case—Brown v. Board of Education of an oilman like myself campaigning on years of economic policies that have Topeka. That case overruled a case a platform that emphasized energy left our Nation’s fiscal house awash in called Plessy v. Ferguson, which legal- independence through a focus on re- red ink, this Congress is taking impor- ized segregation in this country. newable energy. But I told people in tant steps to restore fiscal responsi- The people who brought about the Hobbs, Roswell, Carlsbad and across bility. We inherited a fiscal and eco- Brown v. Board of Education effort did southern New Mexico that technologies nomic mess that included soaring un- much to start the civil rights move- like wind, solar and biofuels were not employment, a record deficit and a

VerDate Nov 24 2008 23:38 May 19, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.010 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5721 housing crisis. Faced with the worst re- the famous Silver Slipper, Claudine re- It began as a school for young women cession in a generation, this Congress defined Nevada’s gaming industry and at a time when educating women was took unprecedented action in an effort in the process opened the doors for an unconventional notion. Continuing to end our economic slide and turn our countless others to follow in her foot- in this spirit, Averett was among the economy around. steps. She was a generous philan- first colleges in Virginia to give tan- First was the recovery package that thropist, contributing millions of dol- gible meaning to the terms ‘‘lifelong invested in needed infrastructure and lars to local charities. And while she learning’’ and ‘‘career education’’ by provided tax relief to 95 percent of had very little formal education her- creating an accelerated program of working Americans. And now, with a self, she was a major contributor and higher learning for working adults. budget that calls for health care re- supporter to the University of Nevada Today Averett has an enrollment of form, job creation, clean energy and in- Las Vegas. over 2,500 students and offers 32 major vestments in education, we will grow Claudine was a gracious hostess for academic fields of study. The univer- our economy while cutting the deficit the millions she welcomed through the sity was recently recognized nationally by two-thirds over the next 5 years. By doors of her successful hotel casinos. by U.S. News and World Report as one providing real oversight and honest ac- Claudine was truly one of a kind. She of the leading baccalaureate-granting counting and with a commitment to is irreplaceable. She will be missed. colleges in the South. For over 150 fiscal responsibility, we are changing But her charitable contributions and years, Averett University has contrib- the way business is done in Wash- the many lives this fabulous woman uted to the strength of our Nation by ington. touched both inside and outside the providing men and women with the gaming industry will continue to en- f tools of thought and the spirit of serv- rich Las Vegas for decades to come. I ice. NATIONAL ENERGY TAX KILLS loved her. She is truly a dear woman. I congratulate them on this accom- JOBS And I will miss her terribly. plishment and look forward to their (Mr. WILSON of South Carolina f next chapter. asked and was given permission to ad- NATIONAL SMALL BUSINESS f dress the House for 1 minute and to re- WEEK vise and extend his remarks.) Mr. WILSON of South Carolina. Mr. (Mrs. DAHLKEMPER asked and was HONORING THE REVEREND JOHN Speaker, it is troubling that with so given permission to address the House PRATT many other strategies to move our for 1 minute.) (Mr. TOWNS asked and was given country to a cleaner energy future, Mrs. DAHLKEMPER. Mr. Speaker, I permission to address the House for 1 rise today during National Small Busi- there are still some advocating that we minute and to revise and extend his re- ness Week on behalf of the millions of impose a national energy tax. This tax marks.) small businesses across the country. will attack the budgets of American As a family business owner and Mr. TOWNS. I rise to talk about the families, costing an extra $3,000 each chairwoman of a Small Business sub- passing of Rev. John Pratt of the Zion year. And it will drive businesses and committee, I know firsthand that these Shiloh Baptist Church in Brooklyn, the jobs they create overseas. small firms are the driving force be- New York. He pastored that church for The administration and Democratic hind job creation and our economic re- 30 years. John Pratt is going to be Congress who claim to be opposed to covery. Therefore we have an obliga- missed in the Borough of Brooklyn. He offshoring of American jobs are encour- tion to assist these hardworking Amer- was the kind of person that was always aging companies to leave America. icans during these difficult times. involved in community efforts. What- This Nation does not need to impose The Recovery Act was an important ever you needed to have done, John new taxes on its citizens to achieve the first step generating $21 billion in new Pratt was a person that you could common goal of a clean energy future. lending and investment opportunities count on. Not only that, he was un- We have the natural resources here for entrepreneurs. However, we must usual in many ways, because you could that can provide the revenue and the go further and relieve the pressure talk to him and, of course, he wouldn’t bridge to that future. We have the sci- small businesses experience from the call a press conference on you. You just entists and entrepreneurs that will cre- skyrocketing cost of health insurance. could have a discussion with him and ate the next generation of energy re- Finally, we must help small businesses then he would do whatever it was, and sources. And we have the citizens who get the resources they need like those you didn’t have to worry about him understand the benefit to their lives found in the Job Creation Through En- calling a big press conference to let the and to their budgets of commonsense trepreneurship Act that the House will world know that you had asked him to conservation. We should explore, inno- take up this week. do something. vate and conserve, not tax and elimi- Mr. Speaker, small businesses are He was the kind of person that was nate jobs. critical both to job creation and our able to pull people together. He was a In conclusion, God bless our troops, Nation’s recovery. During National coalition builder. We are going to miss and we will never forget September the Small Business Week, Congress should John and his coalition skills because 11th and the global war on terrorism. renew our commitment to giving them he could talk to anybody at any point f the assistance they deserve. in any time. And that was the thing that he was able to do so well. PAYING TRIBUTE TO CLAUDINE f I will never forget that when my WILLIAMS, A TRUE LAS VEGAS CONGRATULATING AVERETT UNI- mother passed, how John was there on PIONEER VERSITY IN DANVILLE, VIRGINIA behalf of my family. So let me say to (Ms. BERKLEY asked and was given (Mr. PERRIELLO asked and was the Pratt family that you have my sup- permission to address the House for 1 given permission to address the House port in every way. If there is anything minute and to revise and extend her re- for 1 minute.) I can do, just let me know. I would be marks.) Mr. PERRIELLO. Mr. Speaker, yes- delighted to do it, because he was there Ms. BERKLEY. I rise today to pay terday the House unanimously passed a for me, and I want to be there for you. tribute to a dear friend and a true Las resolution I was pleased to introduce in Vegas pioneer, Claudine Williams, who recognition of Averett University’s 150 f died last week at the age of 88. years of service and leadership to the Claudine was a smart, savvy, tough Commonwealth of Virginia and the Na- FISCAL RESPONSIBILITY businesswoman with a heart of gold tion. Averett University stands at the (Mr. ELLISON asked and was given and a true commitment to the commu- center of knowledge and innovation in permission to address the House for 1 nity she helped shape into the 21st cen- southern Virginia. Founded in historic minute and to revise and extend his re- tury, Las Vegas, known around the Danville in 1859, Averett stands as a marks.) world. As the first woman to own and testament to the virtues of progress Mr. ELLISON. Mr. Speaker, I want to run a casino on the Las Vegas Strip, and opportunity. talk this morning about a matter of

VerDate Nov 24 2008 23:38 May 19, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.014 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5722 CONGRESSIONAL RECORD — HOUSE May 19, 2009 great importance to the American peo- (b) STATE AND LOCAL GOVERNMENT AUTHOR- pointed out to us that in these troubled ple. As this new Congress and Presi- ITY.—Such section is further amended by economic times, they are under tre- dent Obama begin to repair and re- adding at the end the following new sub- mendous pressure to conduct their nor- shape our economy, I think it is criti- section: mal oversight work, let alone cope ‘‘(b) STATE AND LOCAL GOVERNMENT AU- cally important for Americans to know THORITY.—Notwithstanding any other provi- with the increase that the Recovery and remember how we got into this sion of law, State and local governments re- Act requires. mess we find ourselves in today. ceiving funds under this Act may set aside Our hearings, Mr. Speaker, made President Obama and this Congress an amount up to 0.5 percent of such funds, in clear, that State and local govern- inherited a fiscal mess from the Bush addition to any funds already allocated to ments need additional resources to administration, including a record def- administrative expenditures, to conduct monitor the large infusion of funds the icit and soaring unemployment. Since planning and oversight to prevent and detect Recovery Act directs. H.R. 2182 will taking control of the House in 2007, waste, fraud, and abuse.’’. provide State and local governments (c) CONFORMING AMENDMENT.—The heading Democrats have committed to restor- for section 1552 of such Act is amended to with the flexibility to set aside a por- ing fiscal responsibility, taking steps read as follows: tion of their stimulus funds for audit- to cut waste, fraud and abuse. The ‘‘SEC. 1552. FUNDING FOR STATE AND LOCAL ing, contract and grant planning and President’s budget slashes the deficit GOVERNMENT OVERSIGHT.’’. management, and investigations of by nearly two-thirds in 4 years. The SEC. 3. AUTHORIZATION FOR ACQUISITION BY waste, fraud and abuse. STATE AND LOCAL GOVERNMENTS budget also calls for health care re- THROUGH FEDERAL SUPPLY SCHED- The bill also permits State and local form, job creation, clean energy and ULES. governments to use the Federal supply energy efficiency, and college afford- Section 502 of title 40, United States Code, schedules of the General Services Ad- ability. is amended by adding at the end the fol- ministration for stimulus projects. The We will continue to work to repair lowing: GSA schedules are prenegotiated Fed- the damage of the last 8 years of irre- ‘‘(e) USE OF SUPPLY SCHEDULES FOR ECO- eral contracts for a range of common NOMIC RECOVERY.— sponsibility. goods and services. ‘‘(1) IN GENERAL.—The Administrator may f provide for the use by State or local govern- This is a win-win situation because it will allow State and local governments ANNOUNCEMENT BY THE SPEAKER ments of Federal supply schedules of the to acquire certain items without en- PRO TEMPORE General Services Administration for goods or services that are funded by the American Re- gaging in time-consuming contracting The SPEAKER pro tempore. Pursu- covery and Reinvestment Act of 2009 (Public procedures while guaranteeing the low- ant to clause 8 of rule XX, the Chair Law 111–5). est rate price for them. will postpone further proceedings ‘‘(2) VOLUNTARY USE.—In the case of the Lastly, H.R. 2182 requires the Office today on motions to suspend the rules use by a State or local government of a Fed- of Management and Budget to give de- eral supply schedule pursuant to paragraph on which a recorded vote or the yeas tailed guidance to State and local gov- and nays are ordered, or on which the (1), participation by a firm that sells to the Federal Government through the supply ernments to ensure consistency in vote incurs objection under clause 6 of schedule shall be voluntary with respect to a their reporting of job creation data. rule XX. sale to the State or local government Our State and local governments are Record votes on postponed questions through such supply schedule. on the front lines of the efforts to fight will be taken later. ‘‘(3) DEFINITIONS.—The definitions in sub- mismanagement of Recovery Act dol- f section (c)(3) shall apply for purposes of this lars. Their success is vital to making subsection.’’. the stimulus work for the American ENHANCED OVERSIGHT OF STATE SEC. 4. DEFINITION OF JOBS CREATED AND JOBS AND LOCAL ECONOMIC RECOV- RETAINED. people. ERY ACT Section 1512(g) of the American Recovery Let me pause here and thank Rank- ing Member ISSA, who has worked very Mr. TOWNS. Mr. Speaker, I move to and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 288) is amended by adding at closely with me in crafting this legisla- suspend the rules and pass the bill the end ‘‘The Director of the Office of Man- tion, and I want to thank him for that. (H.R. 2182) to amend the American Re- agement and Budget shall issue guidance to I would also like to thank Representa- covery and Reinvestment Act of 2009 to ensure accurate and consistent reporting of tive KUCINICH, who has worked with us, provide for enhanced State and local ‘jobs created’ and ‘jobs retained’ as those Representative PLATTS, and Represent- oversight of activities conducted pur- terms are used in subsection (c)(3)(D).’’. atives WELCH and CONNOLLY for work- suant to such Act, and for other pur- The SPEAKER pro tempore. Pursu- ing with me on this bill. poses. ant to the rule, the gentleman from I should note that the legislation in- The Clerk read the title of the bill. New York (Mr. TOWNS) and the gen- corporates part of H.R. 1911, which was The text of the bill is as follows: tleman from California (Mr. ISSA) each introduced by Representative H.R. 2182 will control 20 minutes. CONNOLLY from Virginia. H.R. 2182 is a Be it enacted by the Senate and House of Rep- The Chair recognizes the gentleman strong bill. I urge all Members to sup- resentatives of the United States of America in from New York. port this critical oversight and ac- Congress assembled, GENERAL LEAVE countability measure. SECTION 1. SHORT TITLE. Mr. TOWNS. Mr. Speaker, I ask This Act may be cited as the ‘‘Enhanced And I reserve the balance of my time. unanimous consent that all Members Oversight of State and Local Economic Re- b 1230 covery Act’’. may have 5 legislative days in which to Mr. ISSA. Thank you, Mr. Speaker. I SEC. 2. REQUIREMENTS FOR FUNDING FOR revise and extend their remarks. STATE AND LOCAL OVERSIGHT The SPEAKER pro tempore. Is there yield myself such time as I may con- UNDER AMERICAN RECOVERY AND objection to the request of the gen- sume. REINVESTMENT ACT OF 2009. tleman from New York? I join with the chairman in urging all (a) FEDERAL AGENCY REQUIREMENT.—Sec- There was no objection. Members to vote for this important tion 1552 of the American Recovery and Re- Mr. TOWNS. Mr. Speaker, I yield my- correction piece of legislation. I say investment Act of 2009 (Public Law 111–5; 123 Stat. 297) is amended— self as much time as I may consume. ‘‘correction’’ because, in fact, we in (1) by inserting ‘‘(a) FEDERAL AGENCY RE- I rise in support of H.R. 2182, the En- Congress make mistakes. It wasn’t out QUIREMENT.—’’ before ‘‘Federal agencies re- hanced Oversight of State and Local of malice that we spent $800 billion ceiving’’; Economic Recovery Act. H.R. 2182 will without asking the question of where (2) by striking ‘‘may,’’ and all that follows help ensure efficient and effective use would the money for oversight come through ‘‘reasonably’’ and inserting ‘‘shall, of the taxpayers’ money provided to from. These kinds of things happen in subject to guidance from the Director of the State and local governments for stim- every organization where you’re in Office of Management and Budget,’’; and ulus projects. This legislation grew out such a rush to do one thing that it’s (3) by striking ‘‘data collection require- ments’’ and inserting ‘‘data collection re- of a hearing the Oversight Committee not until later on in the light of the quirements, auditing, contract and grant held on the Recovery Act. Many State next day, or in the case of Chairman planning and management, and investiga- and local officials responsible for over- TOWNS and myself, it’s when we held a tions of waste, fraud, and abuse’’. seeing spending of stimulus dollars field hearing in his district in Brooklyn

VerDate Nov 24 2008 23:38 May 19, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.016 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5723 and people said, Thank you very much H.R. 1170 Mr. Speaker, in about a week, on for the money, but here is A, B, C, D— Be it enacted by the Senate and House of Rep- Monday, May 25, our country will mark what’s really happening? I commend resentatives of the United States of America in the 38th year in which Congress has Chairman TOWNS for quickly reacting Congress assembled, formally recognized the last Monday of to this and to some other issues that SECTION 1. SPECIALLY ADAPTED HOUSING AS- May as Memorial Day in honor of our SISTIVE TECHNOLOGY GRANT PRO- were found to be less than optimal in GRAM. brave men and women who have made the stimulus package. (a) IN GENERAL.—Chapter 21 of title 38, the ultimate sacrifice for our Nation, In the case of this legislation, H.R. United States Code, is amended by adding at the so I stand before you today with a se- 2182, we seek to empower with existing end the following new section: ries of bills to honor our fallen men funds State and local governments to ‘‘§ 2108. Specially adapted housing assistive and women and our current veterans not have to reach into other money in technology grant program and those on current active duty with order to do oversight. This is not to say ‘‘(a) ESTABLISHMENT.—The Secretary shall deeds and not just with words that we that we wouldn’t prefer that the over- make grants to encourage the development of speak on Memorial Day. So we want to sight be done at all times even without new assistive technologies for specially adapted honor the legacy of our fallen service- Federal money, but at a time in which housing. ‘‘(b) APPLICATION.—A person seeking a grant members. We look forward to ensuring the stimulus needs to be spent quickly under this section shall submit to the Secretary that our veterans are cared for at the and accurately, this legislation recog- an application for the grant in such form and same level of dedication and service nizes that money in short supply in manner as the Secretary shall specify. that they have provided while in serv- States and in cities is likely not to go ‘‘(c) GRANT FUNDS.—(1) The amount of each ice to our country. grant awarded under this section shall be an into the oversight necessary. The bills before you today have all Particularly with the chairman’s ini- amount of not more than $200,000 per year. ‘‘(2) For each year in which the Secretary come through our Economic Oppor- tiative to ensure that transparency be makes a grant under this section, the Secretary tunity Subcommittee, chaired by Ms. greater than in any previous Congress, shall make the grant by not later than October HERSETH SANDLIN from South Dakota I recognize—and he has recognized— 1 of that year. and with her ranking member, Mr. that if we want greater transparency, ‘‘(d) USE OF FUNDS.—(1) The recipient of a BOOZMAN from Arkansas. They have we are going to have to ensure that we grant under this section shall use the grant to proven to be a formidable team, a team develop assistive technologies for use in spe- not only supply the funds to do the which works well together, which oversight but that we supply the new cially adapted housing. ‘‘(2) If the recipient of a grant under this sec- brings our committee together and technology and means to do the over- tion is awarded a patent related to assistive which brings us bills that are very im- sight. This legislation is deliberately technology developed with amounts under the portant to our veterans today. So I intended to allow for cities and States grant, the Secretary shall retain not less than a thank both the Chair and her ranking to make investments in hardware or 30 percent interest in such patent. member for all of the good work that ‘‘(e) REPORT.—Not later than March 1 of each software that allows for them to better they do with our committee. dig down into their procurement proc- year, the Secretary shall submit to Congress a ess, their spending, to work smarter, report containing information related to each I think I will yield to Ms. HERSETH grant awarded under this section during the SANDLIN to explain the bills because not just harder. preceding calendar year, including— Having no other speakers at this she has played such an important role ‘‘(1) the name of the grant recipient; in them. I will yield to her such time time, I yield back the balance of my ‘‘(2) the amount of the grant; and time. ‘‘(3) the goal of the grant. as she may consume. Mr. TOWNS. Mr. Speaker, in closing, ‘‘(f) FUNDING.—From amounts appropriated to Ms. HERSETH SANDLIN. Thank I would like to reiterate my strong the Department for Medical Services for each you, Mr. Speaker, and I thank the support of H.R. 2182 as it provides State fiscal year, $2,000,000 shall be available for each chairman for yielding. such fiscal year for the purposes of the program and local governments with the flexi- under this section. As the chairwoman of the Veterans bility and resources they need to prop- ‘‘(g) TERMINATION.—The authority to make a Affairs’ Economic Opportunity Sub- erly monitor the stimulus project. In grant under this section shall terminate on the committee, I rise today in strong sup- our hearing, they asked for help, and of date that is five years after the date of the en- port of H.R. 1170, as amended. I would actment of this section.’’. course, with Congressman ISSA and like to thank Chairman FILNER, Rank- with members of the committee, we are (b) CLERICAL AMENDMENT.—The table of sec- tions at the beginning of chapter 21 of title 38, ing Member BUYER on the full com- now giving them that help. I urge my United States Code, is amended by adding at the mittee and the sponsor of the bill, and colleagues to join me in supporting the end the following: subcommittee ranking member, Mr. passage of this measure. ‘‘2108. Specially adapted housing assistive tech- BOOZMAN, for their leadership and bi- Mr. Speaker, I yield back the balance nology grant program.’’. partisan support of this bill, which the of my time. (c) DEADLINE FOR IMPLEMENTATION.—The full committee passed on May 6. The SPEAKER pro tempore. The Secretary shall implement the grant program The bill offers important improve- question is on the motion offered by under section 2108 of title 38, United States ments to the Department of Veterans the gentleman from New York (Mr. Code, as added by subsection (a), by not later Affairs’ Specially Adapted Housing TOWNS) that the House suspend the than 180 days after the date of the enactment of Program by creating a 5-year pilot pro- rules and pass the bill, H.R. 2182. this Act. gram to promote the research and de- The question was taken; and (two- The SPEAKER pro tempore. Pursu- velopment of adaptive technologies. thirds being in the affirmative) the ant to the rule, the gentleman from With many veterans returning from rules were suspended and the bill was California (Mr. FILNER) and the gen- the conflicts in Iraq and Afghanistan passed. tleman from Arkansas (Mr. BOOZMAN) with injuries such as traumatic brain A motion to reconsider was laid on each will control 20 minutes. injury, it is important that research the table. The Chair recognizes the gentleman from California. and development help meet the demand f for cost-effective solutions that could GENERAL LEAVE ADAPTED HOUSING ASSISTIVE mitigate the needs for around-the- Mr. FILNER. Mr. Speaker, I ask TECHNOLOGY GRANT PROGRAM clock nursing care or institutionaliza- unanimous consent that all Members tion for seriously wounded veterans. Mr. FILNER. Mr. Speaker, I move to may have 5 legislative days to revise These solutions can be as simple as suspend the rules and pass the bill and extend their remarks and to in- ramps or other structural modifica- (H.R. 1170) to amend chapter 21 of title clude extraneous material on H.R. 1170, tions or they can be more complex, 38, United States Code, to establish a as amended. grant program to encourage the devel- The SPEAKER pro tempore. Is there such as voice recognition controls for a opment of new assistive technologies objection to the request of the gen- home’s heating system. for specially adapted housing, as tleman from California? Also, H.R. 1170, as amended, gives the amended. There was no objection. Department of Veterans Affairs a 30 The Clerk read the title of the bill. Mr. FILNER. I yield myself such percent stake in any patent approved The text of the bill is as follows: time as I may consume. as a result of this grant program. This

VerDate Nov 24 2008 02:01 May 20, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.018 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5724 CONGRESSIONAL RECORD — HOUSE May 19, 2009 measure will allow taxpayers to re- thanking our staffs. I urge my col- under chapter 41 of such title who is so as- ceive a reasonable return on their in- leagues to support H.R. 1170, as amend- signed on or after the date of the enactment vestment as well as to promote cre- ed. of this Act. ativity and ingenuity among the de- With that, having no other speakers, (2) APPLICABILITY TO PREVIOUSLY-HIRED EM- PLOYEES.—In the case of such a State em- signers and inventors working with the I yield back my time. ployee who is so assigned on or after January VA on these grants. Mr. FILNER. Mr. Speaker, I just 1, 2006, and before the date of the enactment The Specially Adapted Housing Pro- want to conclude by telling the House of this Act, the Secretary of Veterans Affairs gram has been a tremendous help to that, recently, we had a committee shall require the State to require, as a condi- many veterans, and it is expected to meeting to learn more about how new tion of a grant or contract under which funds fund 1,250 projects in 2010. This bill will technologies can augment the VA’s are made available to the State in order to expand and improve this program, and ability to efficiently meet the adaptive carry out section 4103A or 4104 of title 38, it is a wise investment in our veterans. needs of our veterans and improve the United States Code, each such employee to satisfactorily complete the training de- I thank Chairman FILNER for noting healing process. We have a new Sec- scribed in section 4102A(c)(8)(A) of such title the working relationship that I have retary of the VA, who has committed by not later than the date that is one year with the distinguished ranking mem- himself to transformation. We have a after the date of the enactment of this Act. ber, Mr. BOOZMAN of Arkansas. When new Deputy Secretary, Mr. Gould, who The SPEAKER pro tempore. Pursu- he once chaired the subcommittee, we comes from IBM and who understands ant to the rule, the gentleman from worked together then and continue to how a big organization can innovate. California (Mr. FILNER) and the gen- work today on a whole host of pro- That’s going to be an important part of tleman from Arkansas (Mr. BOOZMAN) grams, particularly housing for our dis- the VA’s moving into the 21st century. each will control 20 minutes. abled veterans in light of the current This is a part of that. The Chair recognizes the gentleman needs of veterans and their families. I thank Mr. BOOZMAN for introducing from California. I want to thank Mr. BOOZMAN for it. I thank Chair HERSETH SANDLIN for GENERAL LEAVE sponsoring this important bill, and I working with him to move this along. Mr. FILNER. I ask unanimous con- encourage my colleagues to support I recommend that everybody vote for sent that all Members may have 5 leg- H.R. 1170, as amended. H.R. 1170. islative days to revise and extend their Mr. BOOZMAN. I yield myself as I yield back the balance of our time. remarks and to include extraneous ma- much time as I may consume. The SPEAKER pro tempore. The terial on H.R. 1088. Mr. Speaker, on February 25, 2009, I, question is on the motion offered by The SPEAKER pro tempore. Is there along with Congresswoman STEPHANIE the gentleman from California (Mr. objection to the request of the gen- HERSETH SANDLIN, introduced H.R. FILNER) that the House suspend the tleman from California? 1170, which would amend chapter 21 of rules and pass the bill, H.R. 1170, as There was no objection. title 38, United States Code, to estab- amended. Mr. FILNER. I yield myself such lish a grant program to encourage the The question was taken; and (two- time as I may consume. development of new, assistive tech- thirds being in the affirmative) the Mr. Speaker, this legislation was in- nologies for specially adapted housing. rules were suspended and the bill, as troduced by Ms. HERSETH SANDLIN of H.R. 1170, as amended, would authorize amended, was passed. South Dakota. She has demonstrated the VA to use up to $2 million per year A motion to reconsider was laid on her commitment to our Nation’s vet- to provide grants of up to $200,000 to ex- the table. pand research and development in the erans for many, many years. Her work areas of adaptive technologies that can f as Chair of the Economic Opportunity be used in the VA’s Specially Adapted MANDATORY VETERAN Subcommittee, with Mr. BOOZMAN, al- Housing Program. SPECIALIST TRAINING ACT OF 2009 ways bears fruit. H.R. 1088 is one of The goal of VA’s specially adapted those bills. Mr. FILNER. Mr. Speaker, I move to I yield to the gentlewoman from housing benefit is to enable severely suspend the rules and pass the bill disabled veterans to live in a home South Dakota (Ms. HERSETH SANDLIN) (H.R. 1088) to amend title 38, United as much time as she may consume to with modifications that make daily life States Code, to provide for a one-year and daily living easier—typical adapta- explain the bill. period for the training of new disabled Ms. HERSETH SANDLIN. Thank tions or structural modifications such veterans’ outreach program specialists as ramps, wider halls and doors, grab you, Mr. Speaker, and I thank the and local veterans’ employment rep- chairman once again. rails, and lower counters. Yet there are resentatives by National Veterans’ Em- many emerging technologies that lend I rise today in strong support of H.R. ployment and Training Services Insti- 1088, the Mandatory Veteran Specialist themselves well to improving the liv- tute. ability of adapted homes. Some exam- Training Act of 2009, which the Eco- The Clerk read the title of the bill. nomic Opportunity Subcommittee ples of possible home modifications are The text of the bill is as follows: voice recognition and voice-com- passed on March 19 and which the full manded operations, integrated com- H.R. 1088 committee approved on May 6. puter-managed functions, alternative Be it enacted by the Senate and House of Rep- I want to thank again Chairman FIL- human computer interfaces, living en- resentatives of the United States of America in NER, the ranking member of the full Congress assembled, vironment controls, adaptive feeding committee, Mr. BUYER, and once again SECTION 1. SHORT TITLE. equipment, fall prevention devices, and the distinguished ranking member of This Act may be cited as the ‘‘Mandatory the subcommittee, Mr. BOOZMAN, for recreation assistance equipment. Veteran Specialist Training Act of 2009’’. Finally, the bill includes a provision their leadership and for, again, their SEC. 2. ONE-YEAR PERIOD FOR TRAINING OF that is a result of funding an R&D pro- NEW DISABLED VETERANS’ OUT- bipartisan support of this bill, which I gram. Under this authorization, the VA REACH PROGRAM SPECIALISTS AND introduced on February 13, 2009. would retain a 30 percent interest in LOCAL VETERANS’ EMPLOYMENT The bill would amend title 38 to re- REPRESENTATIVES BY NATIONAL duce from 3 years to 1 year the period any patents evolving from the grant. VETERANS’ EMPLOYMENT AND I truly appreciate Congresswoman TRAINING SERVICES INSTITUTE. during which disabled veterans’ out- HERSETH SANDLIN in working with me (a) ONE-YEAR PERIOD.—Section reach program specialists or local vet- on this very important bipartisan leg- 4102A(c)(8)(A) of title 38, United States Code erans’ employment representatives islation. is amended by striking ‘‘three-year period’’ with the Department of Labor must Again, Mr. Speaker, I want to thank and inserting ‘‘one-year period’’. complete the specialized veterans’ em- the chairwoman of the Subcommittee (b) EFFECTIVE DATE.— ployment training program provided by on Economic Opportunity, Ms. (1) APPLICABILITY TO NEW EMPLOYEES.—The the National Veterans’ Training Insti- amendment made by subsection (a) shall HERSETH SANDLIN, committee Chair- apply with respect to a State employee as- tute. The National Veterans’ Training man FILNER, and Ranking Member signed to perform the duties of a disabled Institute program is designed to give STEVE BUYER for moving this bill for- veterans’ outreach program specialist or a those specialists the correct skill set ward in a timely manner, as well local veterans’ employment representative that can help veterans so that they can

VerDate Nov 24 2008 02:01 May 20, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.021 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5725 help veterans with a wide variety of along with our staffs, and urge my col- ‘‘(d)(1) The Secretary shall investigate each employment services such as transition leagues to support H.R. 1088. complaint submitted pursuant to subsection assistance and case management. With that, I yield back my time. (a)(1). If the Secretary determines as a result of Mr. FILNER. I, again, thank the the investigation that the action alleged in such b 1245 chair and the ranking member, and I complaint occurred, the Secretary shall attempt to resolve the complaint by making reasonable Through several oversight hearings urge all of my colleagues to unani- held by the Subcommittee on Eco- efforts to ensure that the person or entity named mously support H.R. 1088, and I yield in the complaint complies with the provisions of nomic Opportunity that we have held back the balance of our time. this chapter. throughout the 110th and 111th Con- The SPEAKER pro tempore. The ‘‘(2) If the efforts of the Secretary with respect gresses, we learned it was taking on av- question is on the motion offered by to any complaint filed under subsection (a)(1) erage 2.5 years before individuals were the gentleman from California (Mr. do not resolve the complaint, the Secretary shall completing the National Veterans FILNER) that the House suspend the notify the person who submitted the complaint Training Institute Program. This fact, rules and pass the bill, H.R. 1088. of— therefore, leaves untrained specialists The question was taken; and (two- ‘‘(A) the results of the Secretary’s investiga- tion; and who don’t have the necessary skills thirds being in the affirmative) the ‘‘(B) the complainant’s entitlement to proceed trying to help veterans with their em- rules were suspended and the bill was under the enforcement of rights provisions pro- ployment needs. So this bill takes an passed. vided under section 4323. important step in the right direction to A motion to reconsider was laid on ‘‘(e)(1) In the case of a complaint filed under providing better employment assist- the table. subsection (a)(2), the Special Counsel shall in- vestigate the complaint. If the Special Counsel ance to those who have bravely served f their country. determines as a result of the investigation that VETERANS EMPLOYMENT RIGHTS the action alleged in such complaint occurred, Again, I thank Chairman FILNER for REALIGNMENT ACT OF 2009 the Special Counsel shall attempt to resolve the his support of this important bill, and Mr. FILNER. Mr. Speaker, I move to complaint by making reasonable efforts to en- I urge my colleagues to support this sure that the person or entity named in the com- bill. suspend the rules and pass the bill plaint complies with the provisions of this chap- Mr. BOOZMAN. I yield myself such (H.R. 1089) to amend title 38, United ter. time as I may consume. States Code, to provide for the enforce- ‘‘(2) If the efforts of the Special Counsel with Mr. Speaker, providing first-class ment through the Office of Special respect to any complaint filed under subsection employment services to veterans is the Counsel of the employment and unem- (a)(2) do not resolve the complaint, the Special Counsel shall notify the person who submitted most basic way to ensure they can sup- ployment rights of veterans and mem- bers of the Armed Forces employed by the complaint of— port themselves and their families, and ‘‘(A) the results of the investigation by the that is why I rise in strong support of Federal executive agencies, and for Special Counsel; and H.R. 1088, the Mandatory Veteran Spe- other purposes, as amended. ‘‘(B) the complainant’s entitlement to proceed cialist Training Act of 2009. This meas- The Clerk read the title of the bill. under the enforcement of rights provisions pro- The text of the bill is as follows: ure would amend title 38 of the United vided under section 4324.’’. (b) TECHNICAL AND CONFORMING AMEND- States Code to provide for a 1-year pe- H.R. 1089 MENTS.—Such title is further amended— riod for the training of new disabled Be it enacted by the Senate and House of Rep- resentatives of the United States of America in (1) in section 4322(b), by striking ‘‘Such com- veterans’ outreach program specialists Congress assembled, plaint’’ and inserting ‘‘Each complaint filed and local veterans’ employment rep- SECTION 1. SHORT TITLE. under subsection (a)’’; resentatives by the National Veterans’ This Act may be cited as the ‘‘Veterans Em- (2) in section 4323(a)— Employment and Training Services In- ployment Rights Realignment Act of 2009’’. (A) in paragraph (1), by striking ‘‘section 4322(e)’’ and inserting ‘‘section 4322(d)(2)’’; and stitute. SEC. 2. ENFORCEMENT THROUGH OFFICE OF SPE- CIAL COUNSEL OF VETERANS’ EM- (B) in paragraph (3)(A), by striking ‘‘section H.R. 1088 was introduced by our dis- 4322(a)’’ and inserting ‘‘section 4322(a)(1)’’; tinguished colleague, the chairwoman PLOYMENT OR REEMPLOYMENT RIGHTS WITH RESPECT TO EMPLOY- (3) in section 4324— of the Subcommittee on Economic Op- ERS THAT ARE FEDERAL EXECUTIVE (A) in subsection (a)(1)— portunity, STEPHANIE HERSETH AGENCIES. (i) in the first sentence, by striking ‘‘Sec- SANDLIN, on February 13, 2009. Mr. (a) ENFORCEMENT OF RIGHTS THROUGH OFFICE retary’’ each place it appears and inserting Speaker, I was pleased to work with OF SPECIAL COUNSEL.—Section 4322 of title 38, ‘‘Special Counsel’’; United States Code, is amended— (ii) by striking ‘‘section 4322(e)’’ and inserting Ms. HERSETH SANDLIN in the 109th Con- (1) by striking subsection (a) and inserting the ‘‘section 4322(e)(2)’’; and gress to begin the process of improving following new subsection (a): (iii) by striking the second sentence; and the training levels of State and em- ‘‘(a)(1)(A) A person described in subparagraph (B) in subsection (b)— ployment service staff. We did that be- (B) may file a complaint with the Secretary, and (i) in paragraph (1)— cause there was a significant backlog the Secretary shall investigate such complaint. (I) by striking ‘‘Secretary’’ and inserting of untrained staff and we needed to ‘‘(B) A person described in this subparagraph ‘‘Special Counsel’’; and is a person who claims that— (II) by striking ‘‘section 4322(a)’’ and insert- give States adequate time to train ‘‘(i) such person is entitled under this chapter ing ‘‘section 4322(a)(2) of this title’’; and their veterans’ employment staff that to employment or reemployment rights or bene- (ii) in paragraph (2)— were paid for with Federal funds. To- fits with respect to employment by an employer (I) by striking ‘‘Secretary’’ and inserting gether, we passed legislation to require other than an employer that is a Federal execu- ‘‘Special Counsel’’; and State employment services to send tive agency; and (II) by striking ‘‘section 4322(e)’’ and inserting their disabled veterans’ outreach pro- ‘‘(ii) such employer has failed or refused, or is ‘‘section 4322(e)(2) of this title’’; gram specialists—or DVOPS—and local about to fail or refuse, to comply with the provi- (4) in section 4325(c), by striking ‘‘section sions of this chapter. 4322(d)’’ and inserting ‘‘section 4322(d)(1)’’; and veterans’ employment representatives ‘‘(2)(A) A person described in subparagraph (5) in section 4326— through basic job placement training (B) may file a complaint with the Special Coun- (A) in subsection (a), by inserting ‘‘or the Spe- within 3 years. sel established by section 1211 of title 5. cial Counsel’s’’ after ‘‘Secretary’s’’; and States have had sufficient time to ‘‘(B) A person described in this subparagraph (B) by striking ‘‘Secretary’’ each place it ap- meet the initial training backlog, and is a person who claims that— pears and inserting ‘‘Secretary or the Special we should now require that employ- ‘‘(i) such person is entitled under this chapter Counsel’’. (c) CONFORMING REPEAL.—The Veterans Ben- ment specialists be trained within a to employment or reemployment rights or bene- fits with respect to employment by an employer efits Improvement Act of 2004 (Public Law 108– shorter period of time to ensure vet- that is a Federal executive agency; and 454) is amended by striking section 204. erans’ employment staff is trained ‘‘(ii)(I) such employer has failed or refused, or (d) EFFECTIVE DATE.—The amendments made properly and promptly after being is about to fail or refuse, to comply with the by this section shall apply with respect to com- hired by the State employment service. provisions of this chapter; or plaints filed on or after the date of the enact- Again, I appreciate Ms. HERSETH ‘‘(II) such employer or the Office of Personnel ment of this Act. Management has failed or refused, or is about to SANDLIN for bringing this forward. I The SPEAKER pro tempore. Pursu- fail or refuse, to comply with the provisions of ant to the rule, the gentleman from think it’s an excellent bill. this chapter.’’; Having no other speakers, I want to (2) by striking subsections (d) and (e) and in- California (Mr. FILNER) and the gen- thank committee Chairman FILNER serting the following new subsections (d) and tleman from Arkansas (Mr. BOOZMAN) and Ranking Member STEVE BUYER, (e): each will control 20 minutes.

VerDate Nov 24 2008 02:01 May 20, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.023 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5726 CONGRESSIONAL RECORD — HOUSE May 19, 2009 The Chair recognizes the gentleman piece of legislation. Again, I encourage The SPEAKER pro tempore. In the from California. my colleagues to support H.R. 1089. opinion of the Chair, two-thirds being Mr. FILNER. Mr. Speaker, I would Mr. BOOZMAN. Mr. Speaker, I yield in the affirmative, the ayes have it. yield myself such time as I may con- myself such time as I may consume. Mr. FILNER. Mr. Speaker, on that I sume and again thank our dynamic duo Mr. Speaker, I rise in strong support demand the yeas and nays. on the Economic Opportunity Sub- of H.R. 1089 as amended, the Veterans The yeas and nays were ordered. committee for bringing us another bill Employments Rights Realignment Act The SPEAKER pro tempore. Pursu- which will protect the rights of our of 2009 which would amend title 38, ant to clause 8 of rule XX and the veterans and especially in job opportu- United States Code, to provide for the Chair’s prior announcement, further nities. investigation and enforcement of the proceedings on this motion will be I yield as much time as she may con- employment and unemployment rights postponed. sume to the gentlelady from South Da- of veterans and members of the Armed f kota (Ms. HERSETH SANDLIN). Forces employed by Federal executive URGING ALL AMERICANS AND Ms. HERSETH SANDLIN. Thank agencies through the Office of Special PEOPLE OF ALL NATIONALITIES you, Mr. Chairman, for being so sup- Counsel and for other purposes. portive of the work of the sub- This bill was introduced by the chair- TO VISIT THE NATIONAL CEME- committee. woman of the Subcommittee on Eco- TERIES, MEMORIALS, AND MARKERS ON MEMORIAL DAY I rise today in strong support of H.R. nomic Opportunity, Ms. STEPHANIE 1089, as amended, the Veterans Em- HERSETH SANDLIN, on February 13, 2009. Mr. FILNER. Mr. Speaker, I move to ployment Rights Realignment Act of Mr. Speaker, as I stated earlier today suspend the rules and agree to the reso- 2009, which the Economic Opportunity when speaking about H.R. 466, as lution (H. Res. 360) urging all Ameri- Subcommittee passed on March 19 and amended, the Uniform Services Em- cans and people of all nationalities to the full committee approved on May 6. ployment and Reemployment Rights visit the national cemeteries, memo- Once again, we wouldn’t be able to Act provides significant protections to rials, and markers on Memorial Day. consider this bill today if not for the veterans returning to civilian employ- The Clerk read the title of the resolu- support and leadership of the chairman ment. In the past, enforcement of these tion. and ranking member both of the full rights was limited to the Department The text of the resolution is as fol- committee as well as Mr. BOOZMAN on of Labor’s veterans employment and lows: the subcommittee. And we introduced training services—VETS. Unfortu- H. RES. 360 this bill on February 13, 2009, again in nately, the VETS case investigation Whereas the United States has fought in response to a number of hearings that and enforcement process took too long wars outside and inside of its borders to re- were held in the 110th Congress. and the 108th Congress required a com- store freedom and human dignity; The bill would amend title 38 of the parison of the time it took the Office of Whereas the United States has spent its U.S. Code to move the enforcement of Special Counsel and VETS to process national treasure and shed its blood in fight- the Uniform Services Employment and ing those wars; employee claims involving Federal Whereas the National Cemetery Adminis- Reemployment Rights Act—known as agencies. tration of the Department of Veterans Af- USERRA—to the enforcement of those I believe that having the Office of fairs maintains 128 national cemeteries that protections, USERRA protections, of Special Counsel handle all Federal serve as the final resting place for nearly veterans and members of the armed claims is the right way to go because of 3,000,000 veterans and their dependents; services employed by Federal executive their expertise in dealing with Federal Whereas each year, millions of Americans agencies to the U.S. Office of Special agencies in other similar matters. visit the national cemeteries, memorials, Counsel. I am hopeful that H.R. 1089, as and markers; The Office of Special Counsel is an amended, will not only shorten the Whereas overseas sites annually recognize Memorial Day with speeches, a reading of independent Federal investigative and time it takes to complete action on the the Memorial Day Proclamation, wreath lay- prosecutorial agency that was created case but that veterans will ultimately ing ceremonies, military bands and units, by Congress with the goal of protecting see a friendlier Federal bureaucracy and the decoration of each grave site with employees, former employees and ap- when it comes to veterans returning to the flag of the United States and that of the plicants for employment from prohib- their former Federal employer. host country; and ited personnel practices. I appreciate Ms. HERSETH SANDLIN’s Whereas these splendid commemorative Under a demonstration project estab- leadership in this area in bringing for- sites inspire patriotism, evoke gratitude, and lished by Public Law 108–454, the Office ward this important legislation. I want teach history: Now, therefore, be it Resolved, That the House of Representa- of Special Counsel investigated some to thank Chairman FILNER and Rank- tives strongly urges Americans and people of Federal sector USERRA claims from ing Member STEVE BUYER in moving all nationalities to visit national cemeteries, 2004 until 2007. This demonstration this bill in a timely manner. memorials, and markers on Memorial Day, project showed that the Office of Spe- And having no further speakers, I where the spirit of American generosity, sac- cial Counsel had the expertise and abil- yield back the balance of my time. rifice, and courage are displayed and com- ity to quickly obtain corrective action GENERAL LEAVE memorated. for federally employed veterans. Mr. FILNER. I ask unanimous con- The SPEAKER pro tempore. Pursu- By granting the Office of Special sent that all Members may have 5 leg- ant to the rule, the gentleman from Counsel initial jurisdiction over all of islative days in which to revise and ex- California (Mr. FILNER) and the gen- these Federal USERRA claims, we give tend their remarks and include extra- tleman from Arkansas (Mr. BOOZMAN) claimants a single agency to inves- neous material on H.R. 1089, as amend- each will control 20 minutes. tigate and resolve their complaint. ed. The Chair recognizes the gentleman This will be more efficient than the The SPEAKER pro tempore. Is there from California. current circumstance where first the objection to the request of the gen- Mr. FILNER. Thank you, Mr. Speak- Department of Labor investigates the tleman from California? er. I yield myself as much time as I claim, and then the claim is then There was no objection. may consume transferred to OSC at the veteran’s re- Mr. FILNER. I ask my colleagues to I think it is only appropriate, Mr. quest if the Department of Labor fails unanimously support H.R. 1089, as Speaker, that we bring this resolution to find a resolution, which then amended, and I yield back the balance to the floor as we approach Memorial prompts a second investigation. of my time. Day. The resolution encourages people So, again, I want to thank the chair- The SPEAKER pro tempore. The to visit the cemeteries, memorials, and man, Chairman FILNER, for his support. question is on the motion offered by markers overseen by the American I also want to thank Congresswoman the gentleman from California (Mr. Battle Monuments Commission. Now, KIRKPATRICK for her amendment during FILNER) that the House suspend the that is a commission that I am sure the subcommittee consideration of the rules and pass the bill, H.R. 1089, as many people have not heard of. bill that clarified the role of the Office amended. What is the American Battle Monu- of Special Counsel in this important The question was taken. ments Commission, and what do they

VerDate Nov 24 2008 02:01 May 20, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.026 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5727 do? Back in 1923, Congress created this honored repose in national shrines far and those free from despots rising to commission to control the construc- from the homes they left in order to national power are the proof these men tion of military cemeteries, monu- protect democracy. These overseas and women did not die in vain. This ments, and markers erected to honor cemeteries have become the gold sacrifice should be celebrated, and American servicemembers killed on standard in memorializing the precious never forgotten. foreign soil. Host countries provide the gift to us by those who fell in our de- Not all who serve perish fulfilling necessary lands for the sites to the fense. their duty. They return to us as vet- erans and deserve our thanks and a United States in perpetuity and free of b 1300 charge. commitment to serve them. We erect The commission cares for 24 military The commission oversees 24 overseas monuments and markers and make pil- cemeteries, 25 memorials, monuments military cemeteries that serve as rest- grimages there to honor them. and markers in 15 countries around the ing places for almost 125,000 American That is this resolution’s call. Con- world. These sites serve as the final war dead. Tablets of the missing me- gress should urge Americans to visit resting place for almost 125,000 Ameri- morialize more than 94,000 U.S. service- these cemeteries, these monuments cans who fought in the Mexican-Amer- men and -women as well as 25 memo- and memorials, and I as a veteran en- ican War, World War I and World War rials, monuments and markers. courage my colleagues to support this II. The commission takes special care These memorials and cemeteries are resolution. that all cemeteries under its super- mute testimony to the sacrifices of Mr. FILNER. Does the gentleman vision are maintained to the highest Americans who fought in battles across have further speakers? standard attainable. The commission the globe such as Flanders Field, Bel- Mr. BOOZMAN. Yes, I have two extends an open invitation for all to gium; Manila, Philippines; North Afri- more. visit these magnificent shrines and to ca, Tunisia; Sicily-Rome, Italy; Mr. FILNER. I think this may be the go beyond the most well known, like Corozal, Panama; Lorraine, France; first time in American history that a Normandy, and venture into others. Mexico City, Mexico; and Normandy, Roe is followed by a Poe, but that’s Each site has its own sense of his- France. just the way it is. I would reserve the tory, sacrifice and beauty, and each of- Mr. Speaker, with Memorial Day less balance of our time. fers a unique experience. For example, than a week away, this is a most fit- Mr. BOOZMAN. Mr. Speaker, I yield no two have the same guard nor archi- ting time to consider this resolution. I as much time as he may consume to tecture. Perhaps only the spiritual ask all my colleagues to support it, and the gentleman from Texas (Mr. POE). qualities are similar. In less than a I look forward to its passage. Mr. POE of Texas. I thank the gen- month from now, on June 6, the com- With that, I reserve the balance of tleman for yielding. mission will commemorate the 63rd an- my time. Mr. Speaker, it’s been said, ‘‘From niversary of the D-day landing by open- Mr. FILNER. I continue to reserve. this day to the ending of the world, we ing a new Normandy-American ceme- Mr. BOOZMAN. Mr. Speaker, I yield in it shall be remembered. We few, we tery visitors center. This center, which as much time as he would require to happy few, we band of brothers; for he has been under construction since 2002, the author of the resolution, the gen- today that sheds his blood with me will tell the story of the American sol- tleman from Tennessee (Mr. ROE). shall be my brother.’’ Shakespeare diers memorialized at Normandy. Mr. ROE of Tennessee. Mr. Speaker, I penned these words in Henry V, de- I encourage all to visit this new D- rise in support of House Resolution 360, scribing the commitment of a soldier day center and any of the sites under urging all Americans and people of all to his fellow soldiers. the jurisdiction of the commission. nationalities to visit the national I rise today in support of H. Res. 360 Overseas cemeteries are the lasting re- cemeteries, memorials, and markers which calls on all Americans to honor minders of America’s willingness to this Memorial Day. our veterans by visiting memorials and come to the defense of others. These Following a tradition begun in 1868, national cemeteries on Memorial Day. tangible symbols of American values our Nation will pause this Monday in I am proud to cosponsor this very im- endure long after the fighting is over. remembrance of those who have sac- portant legislation. Mr. Speaker, I would reserve the bal- rificed their lives in defense of our free Since 2004, 26 men and women from ance of my time. Republic. Fond mourners and friends the Second Congressional District area Mr. BOOZMAN. Mr. Speaker, I rise in will set flowers and flags on the graves of Texas have served honorably and strong support of H. Res. 360 urging all of the fallen. Our flag, flown at half given their lives for the cause of free- Americans and people of all nationali- staff since sunrise, will at noon be dom in Iraq and Afghanistan. Every ties to visit the national cemeteries, raised high and those gathered will be time a brave member of America’s memorials and markers on Memorial called to pledge allegiance. A bugle military from my area dies for this Day. This legislation was sponsored by will sound Taps, and we will make an- country, I come down to this House our colleague from Tennessee and a other pledge: to aid the widows, wid- floor, and I talk about their lives, their new and very active member of the owers, and orphans of our heroic dead, legacy, their family, and those others Veterans Affairs’ Committee, Congress- and our disabled veterans. that they have left behind. man David Roe, on April 23, 2009, and There is no central location for this Every year, millions of Americans we all appreciate him bringing this for- observance. Our servicemembers’ final visit the national cemeteries and the ward. resting places are in all our towns and memorials and the war markers all Mr. Speaker, properly honoring a communities. The National Cemetery over the United States to remember veteran’s memory is one of our most Administration of the Department of the men and women who have so coura- solemn obligations. These patriots are Veterans Affairs maintains 128 na- geously fought to defend America’s due the final tribute of a grateful Na- tional cemeteries in 39 States and freedom. tion. Here in the U.S., the National Puerto Rico. One of those cemeteries is Mr. Speaker, in a land far, far away, Cemetery Administration of the De- in my hometown of Johnson City, Ten- there are over 9,000 Americans buried partment of Veterans Affairs cares for nessee. The Department of the Army in a place called Normandy in France, 128 national cemeteries that serve as maintains Arlington National Ceme- most of them young teenage boys that the final resting place for over three tery and the U.S. Soldiers’ and Air- left America and went off to war to de- million of our Nation’s veterans and men’s Home National Cemetery. fend our country. They shed their their dependents. The National Park Americans have died defending lib- blood in 1944 for not only us but for Service cares for 14 veterans’ ceme- erty around the globe and have been those folks in Europe. My father who teries as well. laid to rest far from home. The Amer- served in the great World War II as an But it’s not just here in the United ican Battle Monuments Commission 18-year-old never talked about his serv- States that our fallen are honored. The oversees 24 military cemeteries abroad ice in Europe until he and Mom visited overseas national cemeteries of the where 125,000 of our war dead remain. Normandy and its cemetery 50 years American Battle Monuments Commis- The freedoms we enjoy today, the after that important event. He, like sion provide our Nation’s heroes an freedoms enjoyed by a civilized Europe, many other veterans, is proud to have

VerDate Nov 24 2008 02:01 May 20, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.050 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5728 CONGRESSIONAL RECORD — HOUSE May 19, 2009 served but keeps saying that the heroes These wonderful commemorative The yeas and nays were ordered. are still buried in places throughout sites that we spoke of today inspire pa- The SPEAKER pro tempore. Pursu- the world. triotism, invoke gratitude, serve as a ant to clause 8 of rule XX and the Each Memorial Day all across Amer- permanent and lasting reminder of the Chair’s prior announcement, further ica, parades are held, wreaths are laid, sacrifices made by the men and women proceedings on this motion will be grave sites are decorated as a tribute of the United States military. They are postponed. to our fallen warriors. On Veterans reminders of America’s willingness to f Day, we remember those who fought come to the defense of others, to pro- SUPPORTING NATIONAL WOMEN’S and came home, but on Memorial Day, tect the freedom and liberty of its peo- HEALTH WEEK we remember those who fought and did ple, and ensure the prosperity of our not come home. Republic. Mrs. CAPPS. Mr. Speaker, I move to The Department of Veterans Affairs Mr. Speaker, I urge my colleagues to suspend the rules and agree to the con- preserves 128 cemeteries all over the unanimously support House Resolution current resolution (H. Con. Res. 120) world that are the final resting place 360. supporting the goals and ideals of Na- for over 3 million Americans. These na- Mr. SALAZAR, Mr. Speaker, I rise today in tional Women’s Health Week, and for tional cemeteries and memorials re- support of H. Res. 360, a bill encouraging all other purposes, as amended. The Clerk read the title of the con- mind us of the warriors who have Americans to honor our veterans by visiting current resolution. fought and gave all to protect the rest national cemeteries and memorials this Memo- The text of the concurrent resolution of us. When called, they went. rial Day. is as follows: I am pleased to support this legisla- Since 1862, more than three million burials H. CON. RES. 120 tion and urge all Members to approve have been made in VA national cemeteries. National cemeteries are the testimony of a Whereas women of all backgrounds should this resolution. be encouraged to greatly reduce their risk of As Toby Keith so eloquently put it in grateful nation to appropriately commemorate common diseases through preventative his tribute to the American soldiers, he the Americans who have served our nation in measures, such as engaging in regular phys- said about the American soldier: ‘‘I the armed forces. ical activity, eating a nutritious diet, and don’t do it for money, there’s bills that My home state of Colorado has a population visiting a healthcare provider to receive reg- I can’t pay. I don’t do it for the glory, of over 427,000 veterans. ular check-ups and preventative screenings; I just do it anyway. I’m an American I am proud to represent a district that is Whereas significant disparities exist in the soldier, an American beside my broth- home to almost 70,000 veterans. prevalence of disease among women of dif- ferent backgrounds, including women with ers and sisters, I will proudly take a As a veteran myself, I know how much of an honor it was to serve my country during the disabilities, African-American women, stand. When liberty’s in jeopardy I will Asian/Pacific Islander women, Latinas, and always do what’s right. I’m out here on Vietnam era. American Indian/Alaskan Native women; the front lines, so sleep in peace to- My father, Henry Salazar, was a staff ser- Whereas healthy habits should begin at a night. I’m an American soldier.’’ geant in the Army during World War II. young age; These warriors, Mr. Speaker, are our Two years after being diagnosed with Alz- Whereas preventative care saves Federal sons of liberty and the daughters of de- heimer’s, my father came down to breakfast dollars designated for health care; mocracy. They are our heroes, and one morning and told us that he wanted to be Whereas it is imperative to educate women buried in his uniform. and girls about key female health issues; they need to be honored and remem- Whereas it is recognized that offices of bered by the rest of us for all time. As I held my father just before he passed away he told me that he loved me and his last women’s health within the Department of And that’s just the way it is. Health and Human Services, the Food and Mr. FILNER. I continue to reserve. word was ‘‘Uniform.’’ Drug Administration, the Centers for Dis- Mr. BOOZMAN. Mr. Speaker, that Throughout the four years that my father ease Control and Prevention, the Health Re- was my last speaker on the subject. lived with Alzheimer’s, the two things he never sources and Services Administration, the Na- I want to thank Mr. ROE of Tennessee forgot were how much he loved his family and tional Institutes of Health, and the Agency for bringing this forward in a very how proud he was to serve his country. for Healthcare Research and Quality provide It is this dedication to duty and unyielding services that support women’s health re- timely way and such an important search, education, and other services that message that we remember those that commitment that have ensured our freedom and our way of life even in our nation’s most benefit women of all ages, races, and have sacrificed so much for all of us. ethnicities; I want to thank Committee Chair- troubled times. Whereas the annual National Women’s man BOB FILNER and Ranking Member The courage and sacrifices of our veterans Health Week begins on Mother’s Day and STEVE BUYER for allowing us to go for- set a necessary example to our youth and all celebrates the efforts of national and com- ward with the bill, and certainly I want Americans. munity organizations working with partners to urge all of my colleagues to support Their stories are important chapters in the and volunteers to improve awareness of key women’s health issues; and H. Res. 360. history of our nation. That is why I am working with members of Whereas in 2009, the week of May 10 And with that, having no further the Colorado delegation to bring a national through May 16 is designated National Wom- speakers, I yield back the balance of veterans cemetery to southern Colorado. en’s Health Week: Now, therefore, be it my time. Resolved by the House of Representatives (the Current standards place many VA ceme- Senate concurring), That Congress— GENERAL LEAVE teries closer to large metropolitan areas. Mr. FILNER. Mr. Speaker, I ask (1) recognizes the importance of preventing This is an issue that is faced by veterans in diseases that commonly affect women; unanimous consent that all Members small and rural communities similar to those in (2) supports the goals and ideals of Na- may have 5 legislative days in which to the Third Congressional District of Colorado. tional Women’s Health Week; revise and extend their remarks and in- I look forward to continue working on issues (3) calls on the people of the United States clude extraneous material on House that improve the lives of our veterans and to use National Women’s Health Week as an Resolution 360. honor their service. opportunity to learn about the health issues The SPEAKER pro tempore. Is there Mr. FILNER. I yield back the balance women face; objection to the request of the gen- of my time. (4) calls on the women of the United States tleman from California? to observe National Women’s Check-Up Day The SPEAKER pro tempore. The by receiving preventative screenings from There was no objection. question is on the motion offered by their health care providers; and Mr. FILNER. Mr. Speaker, the the gentleman from California (Mr. (5) recognizes the importance of Federal, United States has fought wars through- FILNER) that the House suspend the State, and private programs that provide re- out our history to restore both freedom rules and agree to the resolution, H. search and collect data on common diseases and dignity inside of its own borders, Res. 360. in women. as well as around the world. We have The question was taken. The SPEAKER pro tempore. Pursu- shed our blood and spent our national The SPEAKER pro tempore. In the ant to the rule, the gentlewoman from treasure fighting these wars. On Memo- opinion of the Chair, two-thirds being California (Mrs. CAPPS) and the gentle- rial Day, the Nation is reminded of the in the affirmative, the ayes have it. woman from Tennessee (Mrs. phrase spoken constantly, that free- Mr. ROE of Tennessee. Mr. Speaker, BLACKBURN) each will control 20 min- dom is not free. on that I demand the yeas and nays. utes.

VerDate Nov 24 2008 03:36 May 20, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.073 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5729 The Chair recognizes the gentle- gentlelady from California will join me National Women’s Health Week be- woman from California. in saying it’s also Grandmother’s Day, gins annually on Mother’s Day. This GENERAL LEAVE those of us who do delight in those year marks the 10th annual National Mrs. CAPPS. Mr. Speaker, I ask grandchildren. Women’s Health Week that we have ex- unanimous consent that all Members The nationwide initiative empowers perienced and honored. may have 5 legislative days to revise women across the country to make National Women’s Health Week is a and extend their remarks. their health a top priority and ensure week celebrated across America. Dur- The SPEAKER pro tempore. Is there they take the steps to live a longer, ing this week, families, communities, objection to the request of the gentle- healthier and happier life. And cer- businesses, government, health organi- woman from California? tainly, we are so pleased that there is zations, and other groups work to- There was no objection. that emphasis on women’s health and gether to educate women about steps Mrs. CAPPS. Mr. Speaker, I yield having women make the decision to they could take to improve their phys- myself such time as I may consume. have their health and their well-being ical and mental health to prevent dis- I rise today in strong support of H. be a top priority in their life. ease and to enable them to live longer Con. Res. 120, recognizing National I would like to express my gratitude and stronger. Women’s Health Week, and I’d like to to the national and community organi- This week is also used as an oppor- commend my colleagues, Mr. HINCHEY zations in working to promote public tunity to educate the entire population and Mrs. BONO MACK, for introducing awareness of National Women’s Health of our country about important health this legislation. Week and provide the proper informa- issues that women face. We have worked together on this rec- tion to encourage women and girls that This resolution recognizes the impor- ognition for several years now. This healthy habits should begin at a very tance of a number of things, including year marks the 10th anniversary of Na- young age. preventing diseases that commonly af- fect women, federally funded programs tional Women’s Health Week. It’s an b 1315 that provide research and collect data opportunity to recognize the progress The efforts of the national commu- made in women’s health. on common diseases that women are nity to support regular checkups and subject to, and also calls on women to Much of this progress is due to the preventive screenings will help to pre- offices of women’s health in multiple observe National Women’s Check-up vent diseases that commonly affect Day by receiving preventive key Federal agencies. These offices women. work to promote research on women’s screenings. I would also like to thank the author It is vitally important that women health issues and the provision of im- of the resolution, the gentleman from have knowledge about the health risks portant women’s health services. In New York (Mr. HINCHEY) for taking his that confront them and that they know fact, the office of Women’s Health at efforts and energy and his time in they can greatly reduce those risks the Department of Health and Human order to place an emphasis on women’s through preventive measures such as a Services just celebrated 10 years of the health, and to say thank you for his healthy lifestyle and regular medical womenshealth.gov Web site. leadership in improving awareness of screenings. What this resolution rightly notes is women’s key health issues. Healthy habits should begin at a that women’s health issues matter I encourage all of my colleagues to young age; therefore, it is imperative throughout a woman’s lifespan. Pro- vote in favor of the resolution, and I that we take the time to educate moting health education among girls reserve the balance of my time. young girls on the benefits of exercise and women of all ages will increase Mrs. CAPPS. Mr. Speaker, I am and proper eating. If these habits start healthy behaviors and the use of im- pleased now to yield to the gentleman at a young age, it is more likely that portant preventive screenings and serv- from New York (Mr. HINCHEY) for such they will continue throughout their ices. time as he may consume. lives. This resolution also notes that there Mr. HINCHEY. Mr. Speaker, I would It is important and essential that we are significant disparities among like to take a moment, first of all, to do everything we can to prevent dis- women of different racial and ethnic express my appreciation to Chairman ease. In this spirit, I encourage women backgrounds and women with disabil- WAXMAN for supporting this resolution to get the necessary checkups and pre- ities, all of which must be considered and for helping to bring it to the floor ventive screenings from their health and taken into account as we address today. Also, I would like to thank Mr. care providers so they can live long, women’s health. HOYER for his determination in bring- healthy, and productive lives. I urge my colleagues to join in the bi- ing this measure to the floor to honor I urge full support and passage of this partisan sponsorship of this bill and National Women’s Health Week, de- measure. supporting National Women’s Health spite the very crowded schedule that Mrs. BLACKBURN. Mr. Speaker, at Week. we have. this time there are no further speakers Mr. Speaker, I reserve the balance of I would also like to thank Chairman from our side of the aisle, so I will my time. PALLONE and all the fine members of thank Mr. HINCHEY for his wonderful Mrs. BLACKBURN. Mr. Speaker, I the Energy and Commerce Health Sub- work on this. I will thank Mrs. CAPPS yield myself such time as I may con- committee for their work on women’s for the bipartisan efforts that we have sume. health issues and for making it pos- put into addressing the issues that af- I want to first express my apprecia- sible for this resolution to reach the fect women in leading healthy, produc- tion to Mrs. CAPPS, who is also a mem- floor. tive lives. ber of the Energy and Commerce Com- Finally, and most importantly, I I yield back the balance of my time. mittee and has been a very outspoken would like to thank my good friends Mrs. CAPPS. Mr. Speaker, I will just and consistent supporter of women’s Congresswoman LOIS CAPPS and Con- make the comment that it is exceed- health and women’s health issues, and gresswoman MARY BONO MACK for tak- ingly gratifying to notice the leader- we have worked on many of those in ing the lead with me on this resolution ship of our colleague from New York, committee and certainly continue to for the fourth time in a row. And MAR- Mr. HINCHEY, and other men who real- raise awareness of women’s health. SHA, I thank you very much also for ize that Women’s Health Week really One such instrument that is placed your statement today and your partici- affects their lives as well, because before us that we can use is National pation in getting this legislation women are often the leaders within the Women’s Health Week, and May 10–16 passed. family setting and the educators and was that week, and this is, as Mrs. This resolution has the bipartisan the standard bearers often for commu- CAPPS stated, the 10th annual National sponsorship of 117 Members. The Na- nities as well. So we are talking about Women’s Health Week. And I think it tional Council of Women’s Organiza- awareness of national women’s health, is so fitting, Mr. Speaker, that it was tions fully endorsed this bill on behalf which really is also talking about kicked off this year on Mother’s Day of its more than 200 member organiza- health for us all. and how very appropriate that it start- tions representing more than 10 million And I’m pleased also to note that our ed on Mother’s Day. And I think the women nationwide. bipartisan caucus for women’s issues

VerDate Nov 24 2008 02:01 May 20, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.033 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5730 CONGRESSIONAL RECORD — HOUSE May 19, 2009 has championed this resolution and is trafficking in illegal cigarettes or counter- ‘‘(B) EXCEPTION.—For purposes of this Act, very grateful to the authors for intro- feit cigarette tax stamps; the term ‘cigarette’ does not include a ducing it and for this opportunity for (3) terrorist involvement in illicit ciga- ‘cigar’, as that term is defined in section 5702 us to recognize the 10th annual Na- rette trafficking will continue to grow be- of the Internal Revenue Code of 1986. cause of the large profits such organizations ‘‘(4) COMMON CARRIER.—The term ‘common tional Women’s Health Week. can earn; carrier’ means any person (other than a local Mr. DINGELL. Mr. Speaker, I rise today in (4) the sale of illegal cigarettes and smoke- messenger service or the United States Post- support of H. Con Res. 120, a resolution sup- less tobacco over the Internet, and through al Service) that holds itself out to the gen- porting the goals and ideals of National Wom- mail, fax, or phone orders, makes it cheaper eral public as a provider for hire of the trans- en’s Health Week. Throughout my career as a and easier for children to obtain tobacco portation by water, land, or air of merchan- member of Congress, I have consistently products; dise, whether or not the person actually op- fought to ensure that all Americans have ac- (5) the majority of Internet and other re- erates the vessel, vehicle, or aircraft by which the transportation is provided, be- cess to quality, affordable, and comprehensive mote sales of cigarettes and smokeless to- bacco are being made without adequate pre- tween a port or place and a port or place in health care. As a cosponsor of the Breast cautions to protect against sales to children, the United States. Cancer Patient Protection Act, a supporter of without the payment of applicable taxes, and ‘‘(5) CONSUMER.—The term ‘consumer’ additional research on diseases that target without complying with the nominal reg- means any person that purchases cigarettes women, and a longstanding advocate of se- istration and reporting requirements in ex- or smokeless tobacco, but does not include curing health care for all women, I am pleased isting Federal law; any person lawfully operating as a manufac- to support this resolution. (6) unfair competition from illegal sales of turer, distributor, wholesaler, or retailer of Women’s health issues are of the utmost cigarettes and smokeless tobacco is taking cigarettes or smokeless tobacco. billions of dollars of sales away from law- ‘‘(6) DELIVERY SALE.—The term ‘delivery importance to me, and this resolution helps to sale’ means any sale of cigarettes or smoke- promote awareness for healthy lifestyles and abiding retailers throughout the United States; less tobacco to a consumer if— disease prevention for women. It is important (7) with rising State and local tobacco tax ‘‘(A) the consumer submits the order for to ensure that women both in Michigan’s 15th rates, the incentives for the illegal sale of such sale by means of a telephone or other District and across the United States under- cigarettes and smokeless tobacco have in- method of voice transmission, the mails, or stand the steps that can be taken to reduce creased; the Internet or other online service, or the the risk of disease, are aware of the disease (8) the number of active tobacco investiga- seller is otherwise not in the physical pres- ence of the buyer when the request for pur- disparities that exist among women from dif- tions being conducted by the Bureau of Alco- hol, Tobacco, Firearms, and Explosives rose chase or order is made; or ferent backgrounds, and are exposed to ‘‘(B) the cigarettes or smokeless tobacco healthy habits and key health issues from an to 452 in 2005; (9) the number of Internet vendors in the are delivered to the buyer by common car- early age. I understand that encouraging pre- United States and in foreign countries that rier, private delivery service, or other ventative care for women is important for re- sell cigarettes and smokeless tobacco to buy- method of remote delivery, or the seller is not in the physical presence of the buyer ducing the cost of health care. As a longtime ers in the United States increased from only when the buyer obtains possession of the supporter of improvements to our Nation’s about 40 in 2000 to more than 500 in 2005; and cigarettes or smokeless tobacco. health care system and increased research on (10) the intrastate sale of illegal cigarettes ‘‘(7) DELIVERY SELLER.—The term ‘delivery and smokeless tobacco over the Internet has women’s health issues, I am pleased to sup- seller’ means a person who makes a delivery a substantial effect on interstate commerce. port National Women’s Health Week and to sale. (c) PURPOSES.—It is the purpose of this Act cosponsor H. Con. Res. 120. ‘‘(8) INDIAN COUNTRY.—The term ‘Indian to— Mrs. CAPPS. I yield back the balance country’ means— (1) require Internet and other remote sell- ‘‘(A) Indian country as defined in section of my time. ers of cigarettes and smokeless tobacco to 1151 of title 18, United States Code, except The SPEAKER pro tempore. The comply with the same laws that apply to that within the State of Alaska that term question is on the motion offered by law-abiding tobacco retailers; the gentlewoman from California (Mrs. applies only to the Metlakatla Indian Com- (2) create strong disincentives to illegal munity, Annette Island Reserve; and CAPPS) that the House suspend the smuggling of tobacco products; ‘‘(B) any other land held by the United rules and agree to the concurrent reso- (3) provide government enforcement offi- States in trust or restricted status for one or lution, H. Con. Res. 120, as amended. cials with more effective enforcement tools more Indian tribes. to combat tobacco smuggling; The question was taken; and (two- ‘‘(9) INDIAN TRIBE.—The term ‘Indian tribe’, thirds being in the affirmative) the (4) make it more difficult for cigarette and ‘tribe’, or ‘tribal’ refers to an Indian tribe as smokeless tobacco traffickers to engage in rules were suspended and the concur- defined in section 4(e) of the Indian Self-De- and profit from their illegal activities; termination and Education Assistance Act rent resolution, as amended, was (5) increase collections of Federal, State, agreed to. (25 U.S.C. 450b(e)) or as listed pursuant to and local excise taxes on cigarettes and section 104 of the Federally Recognized In- A motion to reconsider was laid on smokeless tobacco; and dian Tribe List Act of 1994 (25 U.S.C. 479a–1). the table. (6) prevent and reduce youth access to in- ‘‘(10) INTERSTATE COMMERCE.—The term f expensive cigarettes and smokeless tobacco ‘interstate commerce’ means commerce be- through illegal Internet or contraband sales. tween a State and any place outside the PACT ACT SEC. 2. COLLECTION OF STATE CIGARETTE AND State, commerce between a State and any Mr. WEINER. Mr. Speaker, I move to SMOKELESS TOBACCO TAXES. Indian country in the State, or commerce be- suspend the rules and pass the bill (a) DEFINITIONS.—The Act of October 19, tween points in the same State but through (H.R. 1676) to prevent tobacco smug- 1949 (15 U.S.C. 375 et seq.; commonly referred any place outside the State or through any to as the ‘‘Jenkins Act’’) (referred to in this Indian country. gling, to ensure the collection of all to- Act as the ‘‘Jenkins Act’’), is amended by bacco taxes, and for other purposes, as ‘‘(11) INTO A STATE, PLACE, OR LOCALITY.—A striking the first section and inserting the sale, shipment, or transfer of cigarettes or amended. following: smokeless tobacco that is made in interstate The Clerk read the title of the bill. ‘‘SECTION 1. DEFINITIONS. commerce, as defined herein, shall be deemed The text of the bill is as follows: ‘‘As used in this Act, the following defini- to have been made into the State, place, or H.R. 1676 tions apply: locality in which such cigarettes or smoke- Be it enacted by the Senate and House of Rep- ‘‘(1) ATTORNEY GENERAL.—The term ‘Attor- less tobacco are delivered. resentatives of the United States of America in ney General’ means the Attorney General of ‘‘(12) PERSON.—The term ‘person’ means an Congress assembled, the United States. individual, corporation, company, associa- SECTION 1. SHORT TITLE; FINDINGS; PURPOSES. ‘‘(2) ATTORNEY GENERAL.—The term ‘attor- tion, firm, partnership, society, State gov- (a) SHORT TITLE.—This Act may be cited as ney general’, with respect to a State, means ernment, local government, Indian tribal the ‘‘Prevent All Cigarette Trafficking Act the attorney general or other chief law en- government, governmental organization of of 2009’’ or ‘‘PACT Act’’. forcement officer of the State. such government, or joint stock company. (b) FINDINGS.—Congress finds that— ‘‘(3) CIGARETTE.— ‘‘(13) STATE.—The term ‘State’ means each (1) the sale of illegal cigarettes and smoke- ‘‘(A) IN GENERAL.—For purposes of this of the several States of the United States, less tobacco products significantly reduces Act, the term ‘cigarette’ shall— the District of Columbia, the Commonwealth Federal, State, and local government reve- ‘‘(i) have the same meaning given that of Puerto Rico, or any territory or posses- nues, with Internet sales alone accounting term in section 2341 of title 18, United States sion of the United States. for billions of dollars of lost Federal, State, Code; and ‘‘(14) SMOKELESS TOBACCO.—The term and local tobacco tax revenue each year; ‘‘(ii) include ‘roll-your-own tobacco’ (as ‘smokeless tobacco’ means any finely cut, (2) Hezbollah, Hamas, al Qaeda, and other that term is defined in section 5702 of the In- ground, powdered, or leaf tobacco, or other terrorist organizations have profited from ternal Revenue Code of 1986). product containing tobacco, that is intended

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to be placed in the oral or nasal cavity or (c) REQUIREMENTS FOR DELIVERY SALES.— purchase of tobacco products, as determined otherwise consumed without being com- The Jenkins Act is amended by inserting by the applicable law at the place of deliv- busted. after section 2 the following: ery; and ‘‘(15) TOBACCO TAX ADMINISTRATOR.—The ‘‘SEC. 2A. DELIVERY SALES. ‘‘(iii) shall not accept a delivery sale order term ‘tobacco tax administrator’ means the ‘‘(a) IN GENERAL.—With respect to delivery from a person without— State, local, or tribal official duly author- sales into a specific State and place, each de- ‘‘(I) obtaining the full name, birth date, ized to collect the tobacco tax or administer livery seller shall comply with— and residential address of that person; and the tax law of a State, locality, or tribe, re- ‘‘(1) the shipping requirements set forth in ‘‘(II) verifying the information provided in spectively. subsection (b); subclause (I), through the use of a commer- ‘‘(16) TRIBAL ENTERPRISE.—The term ‘tribal ‘‘(2) the recordkeeping requirements set cially available database or aggregate of enterprise’ means any business enterprise, forth in subsection (c); databases, consisting primarily of data from incorporated or unincorporated under Fed- ‘‘(3) all State, local, tribal, and other laws government sources, that are regularly used eral or tribal law, of an Indian tribe or group generally applicable to sales of cigarettes or by government and businesses for the pur- of Indian tribe. smokeless tobacco as if such delivery sales pose of age and identity verification and au- ‘‘(17) USE.—The term ‘use’, in addition to occurred entirely within the specific State thentication, to ensure that the purchaser is its ordinary meaning, means the consump- and place, including laws imposing— at least the minimum age required for the tion, storage, handling, or disposal of ciga- legal sale or purchase of tobacco products, as ‘‘(A) excise taxes; rettes or smokeless tobacco.’’. determined by the applicable law at the ‘‘(B) licensing and tax-stamping require- (b) REPORTS TO STATE TOBACCO TAX ADMIN- place of delivery. ments; ISTRATORS.—Section 2 of the Jenkins Act (15 ‘‘(B) LIMITATION.—No database being used ‘‘(C) restrictions on sales to minors; and U.S.C. 376) is amended— for age and identity verification under sub- ‘‘(D) other payment obligations or legal re- (1) by striking ‘‘cigarettes’’ each place it paragraph (A)(iii) shall be in the possession quirements relating to the sale, distribution, appears and inserting ‘‘cigarettes or smoke- or under the control of the delivery seller, or or delivery of cigarettes or smokeless to- less tobacco’’; be subject to any changes or supplemen- bacco; and (2) in subsection (a)— tation by the delivery seller. (A) in the matter preceding paragraph (1)— ‘‘(4) the tax collection requirements set ‘‘(c) RECORDS.— forth in subsection (d). (i) by inserting ‘‘CONTENTS.—’’ after ‘‘(a)’’; ‘‘(1) IN GENERAL.—Each delivery seller (ii) by striking ‘‘or transfers’’ and insert- ‘‘(b) SHIPPING AND PACKAGING.— shall keep a record of any delivery sale, in- ing ‘‘, transfers, or ships’’; ‘‘(1) REQUIRED STATEMENT.—For any ship- cluding all of the information described in (iii) by inserting ‘‘, locality, or Indian ping package containing cigarettes or section 2(a)(2), organized by the State, and country of an Indian tribe’’ after ‘‘a State’’; smokeless tobacco, the delivery seller shall within such State, by the city or town and (iv) by striking ‘‘to other than a dis- include on the bill of lading, if any, and on by zip code, into which such delivery sale is tributor licensed by or located in such the outside of the shipping package, on the so made. State,’’; and same surface as the delivery address, a clear ‘‘(2) RECORD RETENTION.—Records of a de- (v) by striking ‘‘or transfer and shipment’’ and conspicuous statement providing as fol- livery sale shall be kept as described in para- and inserting ‘‘, transfer, or shipment’’; lows: ‘CIGARETTES/SMOKELESS TO- graph (1) in the year in which the delivery (B) in paragraph (1)— BACCO: FEDERAL LAW REQUIRES THE sale is made and for the next 4 years. (i) by striking ‘‘with the tobacco tax ad- PAYMENT OF ALL APPLICABLE EXCISE ‘‘(3) ACCESS FOR OFFICIALS.—Records kept ministrator of the State’’ and inserting TAXES, AND COMPLIANCE WITH APPLI- under paragraph (1) shall be made available ‘‘with the Attorney General and with the to- CABLE LICENSING AND TAX–STAMPING to tobacco tax administrators of the States, bacco tax administrators of the State and OBLIGATIONS’. to local governments and Indian tribes that place’’; and ‘‘(2) FAILURE TO LABEL.—Any shipping apply their own local or tribal taxes on ciga- (ii) by striking ‘‘; and’’ and inserting the package described in paragraph (1) that is rettes or smokeless tobacco, to the attorneys following: ‘‘, as well as telephone numbers not labeled in accordance with that para- general of the States, to the chief law en- for each place of business, a principal elec- graph shall be treated as nondeliverable forcement officers of such local governments tronic mail address, any website addresses, matter by a common carrier or other deliv- and Indian tribes, and to the Attorney Gen- and the name, address, and telephone num- ery service, if the common carrier or other eral in order to ensure the compliance of per- ber of an agent in the State authorized to ac- delivery service knows or should know the sons making delivery sales with the require- cept service on behalf of such person;’’; package contains cigarettes or smokeless to- ments of this Act. (C) in paragraph (2), by striking ‘‘and the bacco. If a common carrier or other delivery ‘‘(d) DELIVERY.— quantity thereof.’’ and inserting ‘‘the quan- service believes a package is being submitted ‘‘(1) IN GENERAL.—Except as provided in tity thereof, and the name, address, and for delivery in violation of paragraph (1), it paragraph (2), no delivery seller may sell or phone number of the person delivering the may require the person submitting the pack- deliver to any consumer, or tender to any shipment to the recipient on behalf of the de- age for delivery to establish that it is not common carrier or other delivery service, livery seller, with all invoice or memoranda being sent in violation of paragraph (1) be- any cigarettes or smokeless tobacco pursu- information relating to specific customers to fore accepting the package for delivery. ant to a delivery sale unless, in advance of be organized by city or town and by zip code; Nothing in this paragraph shall require the the sale, delivery, or tender— and’’; and common carrier or other delivery service to ‘‘(A) any cigarette or smokeless tobacco (D) by adding at the end the following: open any package to determine its contents. excise tax that is imposed by the State in ‘‘(3) with respect to each memorandum or ‘‘(3) WEIGHT RESTRICTION.—A delivery seller which the cigarettes or smokeless tobacco invoice filed with a State under paragraph shall not sell, offer for sale, deliver, or cause are to be delivered has been paid to the (2), also file copies of such memorandum or to be delivered in any single sale or single State; invoice with the tobacco tax administrators delivery any cigarettes or smokeless tobacco ‘‘(B) any cigarette or smokeless tobacco and chief law enforcement officers of the weighing more than 10 pounds. excise tax that is imposed by the local gov- local governments and Indian tribes oper- ‘‘(4) AGE VERIFICATION.— ernment of the place in which the cigarettes ating within the borders of the State that ‘‘(A) IN GENERAL.—A delivery seller who or smokeless tobacco are to be delivered has apply their own local or tribal taxes on ciga- mails or ships tobacco products— been paid to the local government; and rettes or smokeless tobacco.’’; ‘‘(i) shall not sell, deliver, or cause to be ‘‘(C) any required stamps or other indicia (3) in subsection (b)— delivered any tobacco products to a person that such excise tax has been paid are prop- under the minimum age required for the (A) by inserting ‘‘PRESUMPTIVE EVI- erly affixed or applied to the cigarettes or legal sale or purchase of tobacco products, as DENCE.—’’ after ‘‘(b)’’; smokeless tobacco. (B) by striking ‘‘(1) that’’ and inserting determined by the applicable law at the ‘‘(2) EXCEPTION.—Paragraph (1) does not ‘‘that’’; and place of delivery; apply to a delivery sale of smokeless tobacco (C) by striking ‘‘, and (2)’’ and all that fol- ‘‘(ii) shall use a method of mailing or ship- if the law of the State or local government of lows and inserting a period; and ping that requires— the place where the smokeless tobacco is to (4) by adding at the end the following: ‘‘(I) the purchaser placing the delivery sale be delivered requires or otherwise provides ‘‘(c) USE OF INFORMATION.—A tobacco tax order, or an adult who is at least the min- that delivery sellers collect the excise tax administrator or chief law enforcement offi- imum age required for the legal sale or pur- from the consumer and remit the excise tax cer who receives a memorandum or invoice chase of tobacco products, as determined by to the State or local government, and the de- under paragraph (2) or (3) of subsection (a) the applicable law at the place of delivery, to livery seller complies with the requirement. shall use such memorandum or invoice solely sign to accept delivery of the shipping con- ‘‘(e) LIST OF UNREGISTERED OR NONCOMPLI- for the purposes of the enforcement of this tainer at the delivery address; and ANT DELIVERY SELLERS.— Act and the collection of any taxes owed on ‘‘(II) the person who signs to accept deliv- ‘‘(1) IN GENERAL.— related sales of cigarettes and smokeless to- ery of the shipping container to provide ‘‘(A) INITIAL LIST.—Not later than 90 days bacco, and shall keep confidential any per- proof, in the form of a valid, government- after this subsection goes into effect under sonal information in such memorandum or issued identification bearing a photograph of the Prevent All Cigarette Trafficking Act of invoice except as required for such pur- the individual, that the person is at least the 2009, the Attorney General shall compile a poses.’’. minimum age required for the legal sale or list of delivery sellers of cigarettes or

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Nothing in this section shall pro- (iii) of paragraph (2)(a) do not apply.— ‘‘(III) any other persons who the Attorney hibit a common carrier, the United States ‘‘(i) the person ordering the delivery shall General believes can promote the effective Postal Service, or any other person receiving be obligated to pay— enforcement of this Act; and the list from discussing with a listed deliv- ‘‘(I) the common carrier or other delivery ‘‘(ii) publicize and make the list available ery seller the delivery seller’s inclusion on service as if the delivery of the package had to any other person engaged in the business the list and the resulting effects on any serv- been timely completed; and of interstate deliveries or who delivers ciga- ices requested by such listed delivery seller. ‘‘(II) if the package is not deliverable, any rettes or smokeless tobacco in or into any ‘‘(2) PROHIBITION ON DELIVERY.— reasonable additional fee or charge levied by State. ‘‘(A) IN GENERAL.—Commencing on the the common carrier or other delivery service ‘‘(B) LIST CONTENTS.—To the extent known, date that is 60 days after the date of the ini- to cover its extra costs and inconvenience the Attorney General shall include, for each tial distribution or availability of the list and to serve as a disincentive against such delivery seller on the list described in sub- under paragraph (1)(A), no person who re- noncomplying delivery orders; and paragraph (A)— ceives the list under paragraph (1), and no ‘‘(ii) if the package is determined not to be ‘‘(i) all names the delivery seller uses or person who delivers cigarettes or smokeless deliverable, the common carrier or other de- has used in the transaction of its business or tobacco to consumers, shall knowingly com- livery service shall offer to provide the pack- on packages delivered to customers; plete, cause to be completed, or complete its ‘‘(ii) all addresses from which the delivery portion of a delivery of any package for any age and its contents to a Federal, State, or seller does or has done business, or ships or person whose name and address are on the local law enforcement agency. has shipped cigarettes or smokeless tobacco; list, unless— ‘‘(B) RECORDS.—A common carrier or other ‘‘(iii) the website addresses, primary e-mail ‘‘(i) the person making the delivery knows delivery service shall maintain, for a period address, and phone number of the delivery or believes in good faith that the item does of 5 years, any records kept in the ordinary seller; and not include cigarettes or smokeless tobacco; course of business relating to any deliveries ‘‘(iv) any other information that the Attor- ‘‘(ii) the delivery is made to a person law- interrupted pursuant to this paragraph and ney General determines would facilitate fully engaged in the business of manufac- provide that information, upon request, to compliance with this subsection by recipi- turing, distributing, or selling cigarettes or the Attorney General or to the attorney gen- ents of the list. smokeless tobacco; or eral or chief law enforcement official or tax ‘‘(C) UPDATING.—The Attorney General ‘‘(iii) the package being delivered weighs administrator of any State, local, or tribal shall update and distribute the list at least more than 100 pounds and the person making government. once every 4 months, and may distribute the the delivery does not know or have reason- ‘‘(C) CONFIDENTIALITY.—Any person receiv- list and any updates by regular mail, elec- able cause to believe that the package con- ing records under subparagraph (B) shall use tronic mail, or any other reasonable means, tains cigarettes or smokeless tobacco. such records solely for the purposes of the or by providing recipients with access to the ‘‘(B) IMPLEMENTATION OF UPDATES.—Com- enforcement of this Act and the collection of list through a nonpublic website that the At- mencing on the date that is 30 days after the any taxes owed on related sales of cigarettes torney General regularly updates. date of the distribution or availability of any and smokeless tobacco, and shall keep con- ‘‘(D) STATE, LOCAL, OR TRIBAL ADDITIONS.— updates or corrections to the list under para- fidential any personal information in such The Attorney General shall include in the graph (1), all recipients and all common car- records not otherwise required for such pur- list under subparagraph (A) any noncom- riers or other persons that deliver cigarettes poses. plying delivery sellers identified by any or smokeless tobacco to consumers shall be ‘‘(4) PREEMPTION.— State, local, or tribal government under subject to subparagraph (A) in regard to such ‘‘(A) IN GENERAL.—No State, local, or tribal paragraph (5), and shall distribute the list to corrections or updates. government, nor any political authority of 2 the attorney general or chief law enforce- ‘‘(C) EXEMPTIONS.—Subparagraphs (A) and or more State, local, or tribal governments, ment official and the tax administrator of (B), subsection (b)(2), and any other require- may enact or enforce any law or regulation any government submitting any such infor- ments or restrictions placed directly on com- relating to delivery sales that restricts de- mation, and to any common carriers or other mon carriers elsewhere in this subsection, liveries of cigarettes or smokeless tobacco to persons who deliver small packages to con- shall not apply to a common carrier that is consumers by common carriers or other de- sumers identified by any government pursu- subject to a settlement agreement relating livery services on behalf of delivery sellers ant to paragraph (5). to tobacco product deliveries to consumers by— ‘‘(E) ACCURACY AND COMPLETENESS OF LIST or, if any such settlement agreement to ‘‘(i) requiring that the common carrier or OF NONCOMPLYING DELIVERY SELLERS.—In pre- which the common carrier was a party is ter- other delivery service verify the age or iden- paring and revising the list required by sub- minated or otherwise becomes inactive, is tity of the consumer accepting the delivery paragraph (A), the Attorney General shall— administering and enforcing, on a nation- by requiring the person who signs to accept ‘‘(i) use reasonable procedures to ensure wide basis, policies and practices that are at delivery of the shipping container to provide maximum possible accuracy and complete- least as stringent as any such agreement. proof, in the form of a valid, government- ness of the records and information relied on For the purposes of this section, ‘settlement issued identification bearing a photograph of for the purpose of determining that such de- agreement’ shall be defined to include the the individual, that such person is at least livery seller is noncomplying; Assurance of Discontinuance entered into by the minimum age required for the legal sale ‘‘(ii) not later than 14 days prior to includ- the Attorney General of New York and DHL or purchase of tobacco products, as deter- ing any delivery seller on such list, make a Holdings USA, Inc. and DHL Express (USA), mined by either State or local law at the reasonable attempt to send notice to the de- Inc. on or about July 1, 2005, the Assurance place of delivery; livery seller by letter, electronic mail, or of Discontinuance entered into by the Attor- ‘‘(ii) requiring that the common carrier or other means that the delivery seller is being ney General of New York and United Parcel other delivery service obtain a signature placed on such list, with that notice citing Service, Inc. on or about October 21, 2005, and from the consumer accepting the delivery; the relevant provisions of this Act and the the Assurance of Compliance entered into by ‘‘(iii) requiring that the common carrier or specific reasons for being placed on such list; the Attorney General of New York and Fed- other delivery service verify that all applica- ‘‘(iii) provide an opportunity to such deliv- eral Express Corporation and FedEx Ground ble taxes have been paid; ery seller to challenge placement on such Package Systems, Inc. on or about February ‘‘(iv) requiring that packages delivered by list; 3, 2006, so long as each is honored nationwide the common carrier or other delivery service ‘‘(iv) investigate each such challenge by to block illegal deliveries of cigarettes or contain any particular labels, notice, or contacting the relevant Federal, State, trib- smokeless tobacco to consumers, and also in- markings; or al, and local law enforcement officials, and cludes any other active agreement between a ‘‘(v) prohibiting common carriers or other provide the specific findings and results of common carrier and the States that operates delivery services from making deliveries on such investigation to such delivery seller not nationwide to ensure that no deliveries of the basis of whether the delivery seller is or later than 30 days after the challenge is cigarettes and smokeless tobacco shall be is not identified on any list of delivery sell- made; and made to consumers for illegally operating ers maintained and distributed by any entity ‘‘(v) upon finding that any placement is in- Internet or mail-order sellers and that any other than the Federal Government. accurate, incomplete, or cannot be verified, such deliveries to consumers shall not be ‘‘(B) RELATIONSHIP TO OTHER LAWS.—Except promptly delete such delivery seller from the made to minors or without payment to the as provided in subparagraph (C), nothing in list as appropriate and notify each appro- States and localities where the consumers this paragraph shall be construed to nullify,

VerDate Nov 24 2008 03:02 May 20, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A19MY7.017 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5733 expand, restrict, or otherwise amend or mod- made available under paragraph (1), or on pendent delivery service, shall be subject to ify— any subsequent list or update for the first criminal penalties under paragraph (1) for a ‘‘(i) section 14501(c)(1) or 41713(b)(4) of title time, the Attorney General shall make a rea- violation of section 2A(e) only if the viola- 49, United States Code; sonable attempt to send notice to the deliv- tion is committed knowingly— ‘‘(ii) any other restrictions in Federal law ery seller by letter, electronic mail, or other ‘‘(i) as consideration for the receipt of, or on the ability of State, local, or tribal gov- means that the delivery seller is being as consideration for a promise or agreement ernments to regulate common carriers; or placed on such list or update, with that no- to pay, anything of pecuniary value; or ‘‘(iii) any provision of State, local, or trib- tice citing the relevant provisions of this ‘‘(ii) for the purpose of assisting a delivery al law regulating common carriers that is Act. seller to violate, or otherwise evading com- described in section 14501(c)(2) or ‘‘(8) LIMITATIONS.— pliance with, section 2A. 41713(b)(4)(B) of title 49 of the United States ‘‘(A) IN GENERAL.—Any common carrier or ‘‘(b) CIVIL PENALTIES.— Code. other person making a delivery subject to ‘‘(1) IN GENERAL.—Except as provided in ‘‘(C) STATE LAWS PROHIBITING DELIVERY this subsection shall not be required or oth- paragraph (3), whoever violates any provi- SALES.—Nothing in the Prevent All Cigarette erwise obligated to— sion of this Act shall be subject to a civil Trafficking Act of 2009, the amendments ‘‘(i) determine whether any list distributed penalty in an amount not to exceed— made by that Act, or in any other Federal or made available under paragraph (1) is ‘‘(A) in the case of a delivery seller, the statute shall be construed to preempt, super- complete, accurate, or up-to-date; greater of— sede, or otherwise limit or restrict State ‘‘(ii) determine whether a person ordering ‘‘(i) $5,000 in the case of the first violation, laws prohibiting the delivery sale, or the a delivery is in compliance with this Act; or or $10,000 for any other violation; or shipment or delivery pursuant to a delivery ‘‘(iii) open or inspect, pursuant to this Act, ‘‘(ii) for any violation, 2 percent of the sale, of cigarettes or other tobacco products any package being delivered to determine its gross sales of cigarettes or smokeless to- to individual consumers or personal resi- contents. bacco of such person during the 1-year period dences except that no State may enforce ‘‘(B) ALTERNATE NAMES.—Any common car- ending on the date of the violation. against a common carrier a law prohibiting rier or other person making a delivery sub- ‘‘(B) in the case of a common carrier or the delivery of cigarettes or other tobacco ject to this subsection shall not be required other delivery service, $2,500 in the case of a products to individual consumers or personal to make any inquiries or otherwise deter- first violation, or $5,000 for any violation residences without proof that the common mine whether a person ordering a delivery is within 1 year of a prior violation. carrier is not exempt under paragraph (2)(C) a delivery seller on the list under paragraph ‘‘(2) RELATION TO OTHER PENALTIES.—A civil of this subsection. (1) who is using a different name or address penalty imposed under paragraph (1) for a ‘‘(5) STATE, LOCAL, AND TRIBAL ADDITIONS.— in order to evade the related delivery restric- violation of this Act shall be imposed in ad- ‘‘(A) IN GENERAL.—Any State, local, or tions, but shall not knowingly deliver any dition to any criminal penalty under sub- tribal government shall provide the Attor- packages to consumers for any such delivery section (a) and any other damages, equitable ney General with— seller who the common carrier or other de- relief, or injunctive relief awarded by the ‘‘(i) all known names, addresses, website livery service knows is a delivery seller who court, including the payment of any unpaid addresses, and other primary contact infor- is on the list under paragraph (1) but is using taxes to the appropriate Federal, State, mation of any delivery seller that offers for a different name or address to evade the de- local, or tribal governments. sale or makes sales of cigarettes or smoke- livery restrictions of paragraph (2). ‘‘(3) EXCEPTIONS.— less tobacco in or into the State, locality, or ‘‘(C) PENALTIES.—Any common carrier or ‘‘(A) DELIVERY VIOLATIONS.—An employee tribal land involved, but has failed to reg- person in the business of delivering packages of a common carrier or independent delivery ister with or make reports to the respective on behalf of other persons shall not be sub- service shall be subject to civil penalties tax administrator as required by this Act, or ject to any penalty under section 14101(a) of under paragraph (1) for a violation of section that has been found in a legal proceeding to title 49, United States Code, or any other 2A(e) only if the violation is committed in- have otherwise failed to comply with this provision of law for— tentionally— Act; and ‘‘(i) not making any specific delivery, or ‘‘(i) as consideration for the receipt of, or ‘‘(ii) a list of common carriers and other any deliveries at all, on behalf of any person as consideration for a promise or agreement persons who make deliveries of cigarettes or smokeless tobacco in or into the State, lo- on the list under paragraph (1); to pay, anything of pecuniary value; or cality, or tribal land. ‘‘(ii) refusing, as a matter of regular prac- ‘‘(ii) for the purpose of assisting a delivery tice and procedure, to make any deliveries, seller to violate, or otherwise evading com- ‘‘(B) UPDATES.—Any government providing a list to the Attorney General under sub- or any deliveries in certain States, of any pliance with, section 2A. paragraph (A) shall also provide updates and cigarettes or smokeless tobacco for any per- ‘‘(B) OTHER LIMITATIONS.—No common car- corrections every 4 months until such time son or for any person not in the business of rier or independent delivery service shall be as such government notifies the Attorney manufacturing, distributing, or selling ciga- subject to civil penalties under paragraph (1) General in writing that such government no rettes or smokeless tobacco; or for a violation of section 2A(e) if— longer desires to submit such information to ‘‘(iii) delaying or not making a delivery for ‘‘(i) the common carrier or independent de- supplement the list maintained and distrib- any person because of reasonable efforts to livery service has implemented and enforces uted by the Attorney General under para- comply with this Act. effective policies and practices for complying graph (1). ‘‘(D) OTHER LIMITS.—Section 2 and sub- with that section; or ‘‘(C) REMOVAL AFTER WITHDRAWAL.—Upon sections (a), (b), (c), and (d) of this section ‘‘(ii) the violation consists of an employee receiving written notice that a government shall not be interpreted to impose any re- of the common carrier or independent deliv- no longer desires to submit information sponsibilities, requirements, or liability on ery service who physically receives and proc- under subparagraph (A), the Attorney Gen- common carriers. esses orders, picks up packages, processes eral shall remove from the list compiled ‘‘(f) PRESUMPTION.—For purposes of this packages, or makes deliveries, taking ac- under paragraph (1) any persons that are on Act, a delivery sale shall be deemed to have tions that are outside the scope of employ- the list solely because of such government’s occurred in the State and place where the ment of the employee, or that violate the prior submissions of its list of noncomplying buyer obtains personal possession of the implemented and enforced policies of the delivery sellers of cigarettes or smokeless cigarettes or smokeless tobacco, and a deliv- common carrier or independent delivery tobacco or its subsequent updates and cor- ery pursuant to a delivery sale is deemed to service described in clause (i).’’. rections. have been initiated or ordered by the deliv- (e) ENFORCEMENT.—The Jenkins Act is ‘‘(6) DEADLINE TO INCORPORATE ADDITIONS.— ery seller.’’. amended by striking section 4 and inserting The Attorney General shall— (d) PENALTIES.—The Jenkins Act is amend- the following: ‘‘(A) include any delivery seller identified ed by striking section 3 and inserting the fol- ‘‘SEC. 4. ENFORCEMENT. and submitted by a State, local, or tribal lowing: ‘‘(a) IN GENERAL.—The United States dis- government under paragraph (5) in any list ‘‘SEC. 3. PENALTIES. trict courts shall have jurisdiction to pre- or update that is distributed or made avail- ‘‘(a) CRIMINAL PENALTIES.— vent and restrain violations of this Act and able under paragraph (1) on or after the date ‘‘(1) IN GENERAL.—Except as provided in to provide other appropriate injunctive or that is 30 days after the date on which the paragraph (2), whoever knowingly violates equitable relief, including money damages, information is received by the Attorney Gen- any provision of this Act shall be guilty of a for such violations. eral; and felony and shall be imprisoned not more ‘‘(b) AUTHORITY OF THE ATTORNEY GEN- ‘‘(B) distribute any such list or update to than 3 years, fined under title 18, United ERAL.—The Attorney General shall admin- any common carrier or other person who States Code, or both. ister and enforce the provisions of this Act. makes deliveries of cigarettes or smokeless ‘‘(2) EXCEPTIONS.— ‘‘(c) STATE, LOCAL, AND TRIBAL ENFORCE- tobacco that has been identified and sub- ‘‘(A) GOVERNMENTS.—Paragraph (1) shall MENT.— mitted by a government pursuant to para- not apply to a State, local, or tribal govern- ‘‘(1) IN GENERAL.— graph (5). ment. ‘‘(A) STANDING.—A State, through its at- ‘‘(7) NOTICE TO DELIVERY SELLERS.—Not ‘‘(B) DELIVERY VIOLATIONS.—A common torney general, or a local government or In- later than 14 days prior to including any de- carrier or independent delivery service, or dian tribe that levies a tax subject to section livery seller on the initial list distributed or employee of a common carrier or inde- 2A(a)(3), through its chief law enforcement

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officer, may bring an action in a United ‘‘(1) PERSONS DEALING IN TOBACCO PROD- authorized by this paragraph is a business or States district court to prevent and restrain UCTS.—Any person who commences a civil government agency permitted to make such violations of this Act by any person or to ob- action under subsection (d) shall inform the mailings pursuant to this section and the re- tain any other appropriate relief from any Attorney General of the action. lated final rule. person for violations of this Act, including ‘‘(2) STATE, LOCAL, AND TRIBAL ACTIONS.—It ‘‘(B) The Postal Service shall ensure that civil penalties, money damages, and injunc- is the sense of Congress that the attorney any recipient of an otherwise nonmailable tive or other equitable relief. general of any State, or chief law enforce- tobacco product sent through the mails pur- ‘‘(B) SOVEREIGN IMMUNITY.—Nothing in this ment officer of any locality or tribe, that suant to this paragraph is a business or gov- Act shall be deemed to abrogate or con- commences a civil action under this section ernment agency that may lawfully receive stitute a waiver of any sovereign immunity should inform the Attorney General of the such product. of a State or local government or Indian action. ‘‘(C) The mailings shall be sent through tribe against any unconsented lawsuit under ‘‘(f) PUBLIC NOTICE.— the Postal Service’s systems that provide for this Act, or otherwise to restrict, expand, or ‘‘(1) IN GENERAL.—The Attorney General the tracking and confirmation of the deliv- modify any sovereign immunity of a State or shall make available to the public, by post- ery. local government or Indian tribe. ing such information on the Internet and by ‘‘(D) The identities of the business or gov- ‘‘(2) PROVISION OF INFORMATION.—A State, other appropriate means, information re- ernment entity submitting the mailing con- through its attorney general, or a local gov- garding all enforcement actions brought by taining otherwise nonmailable tobacco prod- ernment or Indian tribe that levies a tax the United States, or reported to the Attor- ucts for delivery and the business or govern- subject to section 2A(a)(3), through its chief ney General, under this section, including in- ment entity receiving the mailing shall be law enforcement officer, may provide evi- formation regarding the resolution of such clearly set forth on the package and such in- dence of a violation of this Act by any per- actions and how the Attorney General has formation shall be kept in Postal Service son not subject to State, local, or tribal gov- responded to referrals of evidence of viola- records and made available to the Postal ernment enforcement actions for violations tions pursuant to subsection (c)(2). Service, the Attorney General, and to per- of this Act to the Attorney General or a ‘‘(2) REPORTS TO CONGRESS.—The Attorney sons eligible to bring enforcement actions United States attorney, who shall take ap- General shall submit to Congress, one year pursuant to section 3(d) of the Prevent All propriate actions to enforce the provisions of after the date of the enactment of the Pre- Cigarette Trafficking Act of 2009 for a period this Act. vent All Cigarette Trafficking Act of 2009, at of at least three years thereafter. ‘‘(3) USE OF PENALTIES COLLECTED.— the end of each of the four succeeding 1-year ‘‘(E) The mailings shall be marked with a ‘‘(A) IN GENERAL.—There is established a periods, a report containing the information Postal Service label or marking that makes separate account in the Treasury known as described in paragraph (1).’’. it clear to Postal Service employees that it the ‘PACT Anti-Trafficking Fund’. Notwith- SEC. 3. TREATMENT OF CIGARETTES AND SMOKE- is a permitted mailing of otherwise non- standing any other provision of law and sub- LESS TOBACCO AS NONMAILABLE mailable tobacco products that may be deliv- ject to subparagraph (B), an amount equal to MATTER. ered only to a permitted government agency 50 percent of any criminal and civil penalties (a) IN GENERAL.—Chapter 83 of title 18, or business and may not be delivered to any collected by the United States Government United States Code, is amended by inserting residence or individual person. in enforcing the provisions of this Act shall after section 1716D the following: ‘‘(F) The mailing shall be delivered only to be transferred into the PACT Anti-Traf- ‘‘§ 1716E. Tobacco products as nonmailable a verified adult employee of the recipient ficking Fund and shall be available to the ‘‘(a) PROHIBITION.—All cigarettes and business or government agency, who shall be Attorney General for purposes of enforcing smokeless tobacco (as those terms are de- required to sign for the mailing. the provisions of this Act and other laws re- fined in section 1 of the Act of October 19, ‘‘(4) CERTAIN INDIVIDUALS.—Tobacco prod- lating to contraband tobacco products. 1949, commonly referred to as the Jenkins ucts mailed by adult individuals for non- ‘‘(B) ALLOCATION OF FUNDS.—Of the amount Act) are nonmailable and shall not be depos- commercial purposes, including the return of available to the Attorney General under sub- ited in or carried through the mails. The a damaged or unacceptable tobacco product paragraph (A), not less than 50 percent shall United States Postal Service shall not ac- to its manufacturer, pursuant to a final rule be made available only to the agencies and cept for delivery or transmit through the that the Postal Service shall issue, not later offices within the Department of Justice mails any package that it knows or has rea- than 180 days after the date of the enactment that were responsible for the enforcement sonable cause to believe contains any ciga- of the Prevent All Cigarette Trafficking Act actions in which the penalties concerned rettes or smokeless tobacco made non- of 2009, which shall establish the standards were imposed or for any underlying inves- mailable by this subsection. For the pur- and requirements that apply to all such tigations. poses of subsection (a) reasonable cause in- mailings, which shall include the following: ‘‘(4) NONEXCLUSIVITY OF REMEDY.— cludes— ‘‘(A) The Postal Service shall verify that ‘‘(A) IN GENERAL.—The remedies available ‘‘(1) a statement on a publicly available any person submitting an otherwise non- under this section and section 3 are in addi- website, or an advertisement, by any person mailable tobacco product into the mails as tion to any other remedies available under that such person will mail matter which is authorized by this section is the individual Federal, State, local, tribal, or other law. nonmailable under this section in return for identified on the return address label of the ‘‘(B) STATE COURT PROCEEDINGS.—Nothing payment; or package and is an adult. in this Act shall be construed to expand, re- ‘‘(2) the placement of the person on the list ‘‘(B) For a mailing to an individual, the strict, or otherwise modify any right of an created under section 2A(e) of the Jenkins Postal Service shall require the person sub- authorized State official to proceed in State Act. mitting the otherwise nonmailable tobacco court, or take other enforcement actions, on ‘‘(b) EXCEPTIONS.—This section shall not product into the mails as authorized by this the basis of an alleged violation of State or apply to the following: subsection to affirm that the recipient is an other law. ‘‘(1) CIGARS.—Cigars (as that term is de- adult. ‘‘(C) TRIBAL COURT PROCEEDINGS.—Nothing fined in section 5702(a) of the Internal Rev- ‘‘(C) The package shall not weigh more in this Act shall be construed to expand, re- enue Code of 1986). than 10 ounces. strict, or otherwise modify any right of an ‘‘(2) GEOGRAPHIC EXCEPTION.—Mailings ‘‘(D) The mailing shall be sent through the authorized Indian tribal government official within the State of Alaska or within the Postal Service’s systems that provide for the to proceed in tribal court, or take other en- State of Hawaii. tracking and confirmation of the delivery. forcement actions, on the basis of an alleged ‘‘(3) BUSINESS PURPOSES.—Tobacco prod- ‘‘(E) No package shall be delivered or violation of tribal law. ucts mailed only for business purposes be- placed in the possession of any individual ‘‘(D) LOCAL GOVERNMENT ENFORCEMENT.— tween legally operating businesses that have who is not a verified adult. For a mailing to Nothing in this Act shall be construed to ex- all applicable State and Federal Government an individual, the Postal Service shall de- pand, restrict, or otherwise modify any right licenses or permits and are engaged in to- liver the package only to the verified adult of an authorized local government official to bacco product manufacturing, distribution, recipient at the recipient address or transfer proceed in State court, or take other en- wholesale, export, import, testing, investiga- it for delivery to an Air/Army Postal Office forcement actions, on the basis of an alleged tion, or research, or for regulatory purposes (APO) or Fleet Postal Office (FPO) number violation of local or other law. between any such businesses and State or designated in the recipient address. ‘‘(d) PERSONS DEALING IN TOBACCO PROD- Federal Government regulatory agencies, ‘‘(F) No person shall initiate more than ten UCTS.—Any person who holds a permit under pursuant to a final rule that the Postal Serv- such mailings in any thirty-day period. section 5712 of the Internal Revenue Code of ice shall issue, not later than 180 days after ‘‘(5) EXCEPTION FOR MAILINGS FOR CONSUMER 1986 (regarding permitting of manufacturers the date of the enactment of the Prevent All TESTING BY MANUFACTURERS.—Subject to and importers of tobacco products and ex- Cigarette Trafficking Act of 2009, which shall paragraph (8), nothing in this Act shall pre- port warehouse proprietors) may bring an ac- establish the standards and requirements clude a legally operating cigarette manufac- tion in an appropriate United States district that apply to all such mailings, which shall turer operating on its own or through its le- court to prevent and restrain violations of include the following: gally authorized agent from using the Postal this Act by any person other than a State, ‘‘(A) The Postal Service shall verify that Service to mail cigarettes to verified adult local, or tribal government. any person submitting an otherwise non- smokers solely for consumer testing pur- ‘‘(e) NOTICE.— mailable tobacco product into the mails as poses, provided that—

VerDate Nov 24 2008 03:02 May 20, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A19MY7.018 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5735 ‘‘(A) the cigarette manufacturer has a fed- pose of evaluating the product for quality as- other Federal agency or of any State, local, eral permit, in good standing, pursuant to surance and benchmarking purposes of ciga- or tribal government, whenever appro- section 5713 of the Internal Revenue Code of rette brands or sub-brands among existing priate.’’. 1986; adult smokers. (b) ACTIONS BY STATE, LOCAL OR TRIBAL ‘‘(B) any package of cigarettes mailed pur- ‘‘(7) DEFINITION OF ADULT.—For purposes of GOVERNMENTS RELATING TO CERTAIN TOBACCO suant to this paragraph shall contain no paragraph (5), the term ‘adult’ means an in- PRODUCTS.— more than 12 packs of cigarettes (240 ciga- dividual of at least 21 years of age. For pur- (1) A State, through its attorney general, rettes); poses of paragraphs (3) and (4), the term or a local government or Indian tribe that ‘‘(C) no individual shall receive more than ‘adult’ means an individual of at least the levies an excise tax on tobacco products, 1 package of cigarettes per manufacturer minimum age required for the legal sale or through its chief law enforcement officer, pursuant to this paragraph in any 30-day pe- purchase of tobacco products as determined may in a civil action in a United States dis- riod; by applicable law at the place the individual trict court obtain appropriate relief with re- ‘‘(D) all taxes on the cigarettes levied by is located. spect to a violation of section 1716E of title the State and locality of delivery have been ‘‘(8) LIMITATIONS.—Paragraph (5) shall 18, United States Code. Appropriate relief in- paid to the State and locality prior to deliv- not— cludes injunctive and equitable relief and ery, and tax stamps or other tax-payment in- ‘‘(A) permit a mailing of cigarettes to an damages equal to the amount of unpaid taxes dicia have been affixed to the cigarettes as individual located in any State that pro- on tobacco products mailed in violation of required by law; hibits the delivery or shipment of cigarettes that section to addressees in that State. ‘‘(E)(i) the recipient has not made any pay- to individuals in the State, or preempt, (2) Nothing in this section shall be deemed ments of any kind in exchange for receiving limit, or otherwise affect any related State to abrogate or constitute a waiver of any the cigarettes; laws; or sovereign immunity of a State or local gov- ‘‘(ii) the recipient is paid a fee by the man- ‘‘(B) permit a manufacturer, directly or ernment or Indian tribe against any ufacturer or manufacturer’s agent for par- through a legally authorized agent, to mail unconsented lawsuit under paragraph (1), or ticipation in consumer product tests; and cigarettes in any calendar years in a cumu- otherwise to restrict, expand, or modify any ‘‘(iii) the recipient, in connection with the lative amount greater than one percent of its sovereign immunity of a State or local gov- tests, evaluates the cigarettes and provides total cigarette sales in the United States in ernment or Indian tribe. feedback to the manufacturer or agent; the previous calendar year. (3) Nothing in this section shall be con- ‘‘(F) the mailing is made pursuant to a ‘‘(9) UNITED STATES GOVERNMENT AGEN- strued to prohibit an authorized State offi- final rule that the Postal Service shall issue, CIES.—Agencies of the United States Govern- cial from proceeding in State court on the not later than 180 days after the date of the ment involved in the consumer testing of to- basis of an alleged violation of any general enactment of the Prevent All Cigarette Traf- bacco products solely for public health pur- civil or criminal statute of such State. ficking Act of 2009, which shall establish poses may make mailings pursuant to the (4) A State, through its attorney general, standards and requirements that apply to all same requirements, restrictions, and Postal or a local government or Indian tribe that such mailings, which shall include the fol- Service rules and procedures that apply to levies an excise tax on tobacco products, lowing: consumer testing mailings of cigarettes by through its chief law enforcement officer, ‘‘(i) The Postal Service shall verify that manufacturers under paragraph (5), except may provide evidence of a violation of para- any person submitting a tobacco product that no such agency shall be required to pay graph (1) for commercial purposes by any into the mails pursuant to this paragraph is the recipients for participating in the con- person not subject to State, local, or tribal a manufacturer permitted to make such sumer testing. government enforcement actions for viola- mailings pursuant to this paragraph, or an ‘‘(c) SEIZURE AND FORFEITURE.—Any ciga- tions of paragraph (1) to the Attorney Gen- agent legally authorized by the manufac- rettes or smokeless tobacco made non- eral, who shall take appropriate actions to turer to submit the tobacco product into the mailable by this subsection that are depos- enforce the provisions of this subsection. mails on the manufacturer’s behalf. ited in the mails shall be subject to seizure (5) The remedies available under this sub- ‘‘(ii) The Postal Service shall require the and forfeiture, pursuant to the procedures section are in addition to any other remedies manufacturer submitting the cigarettes into set forth in chapter 46 of this title. Any to- available under Federal, State, local, tribal, the mails pursuant to this paragraph to af- bacco products so seized and forfeited shall or other law. Nothing in this subsection firm that the manufacturer or its legally au- either be destroyed or retained by Govern- thorized agent has verified that the recipient shall be construed to expand, restrict, or ment officials for the detection or prosecu- otherwise modify any right of an authorized is an adult established smoker who has not tion of crimes or related investigations and made any payment for the cigarettes, has State, local, or tribal government official to then destroyed. proceed in a State, tribal, or other appro- formally stated in writing that he or she ‘‘(d) ADDITIONAL PENALTIES.—In addition wishes to receive such mailings, and has not priate court, or take other enforcement ac- to any other fines and penalties imposed by tions, on the basis of an alleged violation of withdrawn that agreement despite being of- this Act for violations of this section, any fered the opportunity to do so by the manu- State, local, tribal, or other law. person violating this section shall be subject (c) CLERICAL AMENDMENT.—The table of facturer or its legally authorized agent at to an additional civil penalty in the amount least once in every 3-month period. sections at the beginning of chapter 83 of of 10 times the retail value of the non- title 18 is amended by adding after the item ‘‘(iii) The Postal Service shall require the mailable cigarettes or smokeless tobacco, in- manufacturer or its legally authorized agent relating to section 1716D the following new cluding all Federal, State, and local taxes. item: submitting the cigarettes into the mails pur- ‘‘(e) CRIMINAL PENALTY.—Whoever know- suant to this paragraph to affirm that the ingly deposits for mailing or delivery, or ‘‘1716E. Tobacco products as nonmailable.’’. package contains no more than 12 packs of knowingly causes to be delivered by mail, SEC. 4. COMPLIANCE WITH MODEL STATUTE OR cigarettes (240 cigarettes) on which all taxes according to the direction thereon, or at any QUALIFYING STATUTE. levied on the cigarettes by the State and lo- place at which it is directed to be delivered (a) IN GENERAL.—A Tobacco Product Manu- cality of delivery have been paid and all re- by the person to whom it is addressed, any- facturer or importer may not sell in, deliver lated State tax stamps or other tax-payment thing that this section declares to be non- to, or place for delivery sale, or cause to be indicia have been applied. mailable matter shall be fined under this sold in, delivered to, or placed for delivery ‘‘(iv) The mailings shall be sent through title, imprisoned not more than 1 year, or sale in a State that is a party to the Master the Postal Service’s systems that provide for both. Settlement Agreement, any cigarette manu- the tracking and confirmation of the deliv- ‘‘(f) DEFINITION.—As used in this section, factured by a Tobacco Product Manufacturer ery and all related records shall be kept in the term ‘State’ has the meaning given that that is not in full compliance with the terms Postal Service records and made available to term in section 1716(k). of the Model Statute or Qualifying Statute persons enforcing this section for a period of ‘‘(g) USE OF PENALTIES.—There is estab- enacted by such State requiring funds to be at least 3 years thereafter. lished a separate account in the Treasury of placed into a qualified escrow account under ‘‘(v) The mailing shall be marked with a the United States, to be known as the ‘PACT specified conditions, and with any regula- Postal Service label or marking that makes Postal Service Fund’. Notwithstanding any tions promulgated pursuant to such statute. it clear to Postal Service employees that it other provision of law, an amount equal to 50 (b) JURISDICTION TO PREVENT AND RESTRAIN is a permitted mailing of otherwise non- percent of any criminal and civil fines or VIOLATIONS.— mailable tobacco products that may be deliv- monetary penalties collected by the United (1) IN GENERAL.—The United States district ered only to the named recipient after States Government in enforcing the provi- courts shall have jurisdiction to prevent and verifying that the recipient is an adult. sions of this subsection shall be transferred restrain violations of subsection (a) in ac- ‘‘(vi) The Postal Service shall deliver the into the PACT Postal Service Fund and shall cordance with this subsection. mailing only to the named recipient and be available to the Postmaster General for (2) INITIATION OF ACTION.—A State, through only after verifying that the recipient is an the purpose of enforcing the provisions of its attorney general, may bring an action in adult. this subsection. an appropriate United States district court ‘‘(6) DEFINITION OF CONSUMER TESTING.—For ‘‘(h) COORDINATION OF EFFORTS.—In the en- to prevent and restrain violations of sub- purposes of this Act, the term ‘consumer forcement of this section, the Postal Service section (a) by any person. testing’ means testing limited to formal data shall cooperate and coordinate its efforts (3) ATTORNEY FEES.—In any action under collection and analysis for the specific pur- with related enforcement activities of any paragraph (2), a State, through its attorney

VerDate Nov 24 2008 03:02 May 20, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A19MY7.018 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5736 CONGRESSIONAL RECORD — HOUSE May 19, 2009 general, shall be entitled to reasonable at- ‘‘(c)(1) Any officer of the Bureau of Alco- General of the provisions herein within In- torney fees from a person found to have hol, Tobacco, Firearms, and Explosives may, dian country. knowingly violated subsection (a). during normal business hours, enter the (e) AMBIGUITY.—Any ambiguity between (4) NONEXCLUSIVITY OF REMEDIES.—The premises of any person described in sub- the language of this section or its applica- remedy available under paragraph (2) is in section (a) or (b) for the purposes of inspect- tion and any other provision of this Act shall addition to any other remedies available ing— be resolved in favor of this section. under Federal, State, or other law. No provi- ‘‘(A) any records or information required SEC. 7. ENHANCED CONTRABAND TOBACCO EN- sion of this Act or any other Federal law to be maintained by such person under the FORCEMENT. shall be held or construed to prohibit or pre- provisions of law referred to in this chapter; (a) REQUIREMENTS.—The Director of the empt the Master Settlement Agreement, the or Bureau of Alcohol, Tobacco, Firearms and Model Statute (as defined in the Master Set- ‘‘(B) any cigarettes or smokeless tobacco Explosives shall— tlement Agreement), any legislation amend- kept or stored by such person at such prem- (1) create 6 regional contraband tobacco ing or complementary to the Model Statute ises. trafficking teams over a 3-year period in New in effect as of June 1, 2006, or any legislation ‘‘(2) The district courts of the United York City, Washington DC, Detroit, Los An- substantially similar to such existing, States shall have the authority in a civil ac- geles, Seattle, and Miami, amending, or complementary legislation tion under this subsection to compel inspec- (2) create a new Tobacco Intelligence Cen- hereinafter enacted. tions authorized by paragraph (1). ter to oversee investigations and monitor (5) OTHER ENFORCEMENT ACTIONS.—Nothing ‘‘(3) Whoever denies access to an officer and coordinate ongoing investigations and to in this subsection shall be construed to pro- under paragraph (1), or who fails to comply serve as a nerve center for all ongoing to- hibit an authorized State official from pro- with an order issued under paragraph (2), bacco diversion investigations within the ceeding in State court or taking other en- shall be subject to a civil penalty in an Bureau of Alcohol, Tobacco, Firearms, and forcement actions on the basis of an alleged amount not to exceed $10,000.’’. Explosives, in the United States and, where violation of State or other law. SEC. 6. EXCLUSIONS REGARDING INDIAN TRIBES applicable, with law enforcement organiza- AND TRIBAL MATTERS. (6) AUTHORITY OF THE ATTORNEY GENERAL.— tions around the world, (a) IN GENERAL.—Nothing in this Act or The Attorney General may bring an action (3) establish a covert national warehouse the amendments made by this Act shall be in an appropriate United States district for undercover operations, and construed to amend, modify, or otherwise af- court to prevent and restrain violations of (4) create a computer database that will fect— subsection (a) by any person. track and analyze information from retail (1) any agreements, compacts, or other sellers of tobacco products that sell through (c) DEFINITIONS.—In this section the fol- intergovernmental arrangements between the Internet or by mail order or make other lowing definitions apply: any State or local government and any gov- non-face-to-face sales. (1) DELIVERY SALE.—The term ‘‘delivery ernment of an Indian tribe (as that term is (b) AUTHORIZATION OF APPROPRIATIONS.— sale’’ means any sale of cigarettes or smoke- defined in section 4(e) of the Indian Self-De- less tobacco to a consumer if— There is authorized to be appropriated to termination and Education Assistance Act carry out subsection (a) $8,500,000 for each of (A) the consumer submits the order for (25 U.S.C. 450b(e)) relating to the collection such sale by means of a telephone or other the 5 fiscal years beginning with fiscal year of taxes on cigarettes or smokeless tobacco 2010. method of voice transmission, the mails, or sold in Indian country; the Internet or other online service, or the (2) any State laws that authorize or other- SEC. 8. EFFECTIVE DATE. seller is otherwise not in the physical pres- wise pertain to any such intergovernmental (a) IN GENERAL.—Except as provided in ence of the buyer when the request for pur- arrangements or create special rules or pro- subsection (b), this Act shall take effect on chase or order is made; or cedures for the collection of State, local, or the date that is 90 days after the date of en- (B) the cigarettes or smokeless tobacco are tribal taxes on cigarettes or smokeless to- actment of this Act. (b) BATFE AUTHORITY.—Section 5 shall delivered to the buyer by common carrier, bacco sold in Indian country; take effect on the date of enactment of this private delivery service, or other method of (3) any limitations under Federal or State Act. remote delivery, or the seller is not in the law, including Federal common law and trea- physical presence of the buyer when the ties, on State, local, and tribal tax and regu- SEC. 9. SEVERABILITY. buyer obtains possession of the cigarettes or latory authority with respect to the sale, If any provision of this Act, or any amend- smokeless tobacco. use, or distribution of cigarettes and smoke- ment made by this Act, or the application (2) IMPORTER.—The term ‘‘importer’’ means less tobacco by or to Indian tribes, tribal thereof to any person or circumstance, is each of the following: members, tribal enterprises, or in Indian held invalid, the remainder of the Act and (A) SHIPPING OR CONSIGNING.—Any person country; the application of the Act to any other per- in the United States to whom nontaxpaid to- (4) any Federal law, including Federal son or circumstance shall not be affected bacco products manufactured in a foreign common law and treaties, regarding State thereby. country, Puerto Rico, the Virgin Islands, or jurisdiction, or lack thereof, over any tribe, SEC. 10. SENSE OF CONGRESS CONCERNING THE a possession of the United States are shipped tribal members, tribal enterprises, tribal res- PRECEDENTIAL EFFECT OF THIS or consigned. ervations, or other lands held by the United ACT. (B) MANUFACTURING WAREHOUSES.—Any States in trust for one or more Indian tribes; It is the sense of Congress that unique person who removes cigars or cigarettes for and harms are associated with online cigarette sale or consumption in the United States (5) any State or local government author- sales, including problems with verifying the from a customs-bonded manufacturing ware- ity to bring enforcement actions against per- ages of consumers in the digital market and house. sons located in Indian country. the long-term health problems associated (C) UNLAWFUL IMPORTING.—Any person who (b) COORDINATION OF LAW ENFORCEMENT.— with the use of certain tobacco products. smuggles or otherwise unlawfully brings to- Nothing in this Act or the amendments made This Act was enacted recognizing the long- bacco products into the United States. by this Act shall be construed to inhibit or standing interest of Congress in urging com- (3) MASTER SETTLEMENT AGREEMENT.—The otherwise affect any coordinated law en- pliance with States’ laws regulating remote term ‘‘Master Settlement Agreement’’ forcement effort by 1 or more States or other sales of certain tobacco products to citizens means the agreement executed November 23, jurisdictions, including Indian tribes, of those States, including the passage of the 1998, between the attorneys general of 46 through interstate compact or otherwise, Jenkins Act over 50 years ago, which estab- States, the District of Columbia, the Com- that— lished reporting requirements for out-of- monwealth of Puerto Rico, and 4 territories (1) provides for the administration of to- State companies that sell certain tobacco of the United States and certain tobacco bacco product laws or laws pertaining to products to citizens of the taxing States, and manufacturers. interstate sales or other sales of tobacco which gave authority to the Department of (4) MODEL STATUTE; QUALIFYING STATUTE.— products; Justice and the Bureau of Alcohol, Tobacco, The terms ‘‘Model Statute’’ and ‘‘Qualifying (2) provides for the seizure of tobacco prod- Firearms, and Explosives to enforce the Jen- Statute’’ means a statute as defined in sec- ucts or other property related to a violation kins Act. In light of the unique harms and tion IX(d)(2)(e) of the Master Settlement of such laws; or circumstances surrounding the online sale of Agreement. (3) establishes cooperative programs for certain tobacco products, this Act is in- (5) TOBACCO PRODUCT MANUFACTURER.—The the administration of such laws. tended to help collect cigarette excise taxes, term ‘‘Tobacco Product Manufacturer’’ has (c) TREATMENT OF STATE AND LOCAL GOV- to stop tobacco sales to underage youth, and the meaning given that term in section ERNMENTS.—Nothing in this Act or the to help the States enforce their laws that II(uu) of the Master Settlement Agreement. amendments made by this Act shall be con- target the online sales of certain tobacco SEC. 5. INSPECTION BY BUREAU OF ALCOHOL, strued to authorize, deputize, or commission products only. This Act is in no way meant TOBACCO, FIREARMS, AND EXPLO- States or local governments as instrumen- to create a precedent regarding the collec- SIVES OF RECORDS OF CERTAIN talities of the United States. tion of State sales or use taxes by, or the va- CIGARETTE AND SMOKELESS TO- (d) ENFORCEMENT WITHIN INDIAN COUN- lidity of efforts to impose other types of BACCO SELLERS; CIVIL PENALTY. TRY.—Nothing in this Act or the amend- taxes on, out-of-State entities that do not Section 2343(c) of title 18, United States ments made by this Act shall prohibit, limit, have a physical presence within the taxing Code, is amended to read as follows: or restrict enforcement by the Attorney State.

VerDate Nov 24 2008 03:02 May 20, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A19MY7.018 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5737 The SPEAKER pro tempore. Pursu- Internet tobacco carriers out of busi- California officials estimate that ant to the rule, the gentleman from ness. taxes are unpaid on about 15 percent of New York (Mr. WEINER) and the gen- This is not only a matter of revenue, all tobacco sold in its markets at a tleman from Texas (Mr. POE) each will though, Mr. Speaker. This is also the cost of $276 million every year. In a re- control 20 minutes. source for a black market that has cently released study, the State of New The Chair recognizes the gentleman emerged that, according to the GAO, York put its losses at more than $576 from New York. has allowed organizations as nefarious million per year. GENERAL LEAVE as Hezbollah to make the money on the The State of Texas raised cigarette Mr. WEINER. Mr. Speaker, I ask float: buying tobacco, say, in South taxes recently, and this increase is sup- unanimous consent that all Members Carolina, driving it to Michigan, tak- posed to generate an additional $800 may have 5 legislative days to revise ing money that they saved by not million in revenue for the State. and extend their remarks and include charging people the tax, and taking This bill would help to ensure that extraneous material on the bill under that money and exporting it to fund States like California, New York, and consideration. terrorist activities. That is not a hypo- Texas receive or recover tax revenue The SPEAKER pro tempore. Is there thetical. That’s something that the that is due them by people who buy objection to the request of the gen- GAO actually found to have happened. cigarettes. tleman from New York? So I urge my colleagues to support Two senior ranking members of the There was no objection. this. This has broad support. We have Judiciary Committee, Ranking Mem- Mr. WEINER. Mr. Speaker, I yield worked very hard, that even organiza- ber SMITH and Mr. WEINER, have myself such time as I may consume. tions as disparate as the wholesale teamed together to cosponsor the Mr. Speaker, as States and localities marketers, Phillip Morris, the National PACT Act for the second consecutive face increasing pressure on their budg- Association of Attorneys General, Congress. ets around the country, there is one Lorillard, and the Campaign for To- In the 110th Congress, this House source of revenue that not only raises bacco-Free Kids, all are supporters of passed similar legislation on a suspen- money for those localities but also per- the PACT Act. sion calendar; however, our colleagues forms an important health function, I reserve the balance of my time. in the Senate did not ever take up the and that is to provide taxation on Mr. POE of Texas. Mr. Speaker, I bill. packs of cigarettes. The taxation var- yield myself such time as I may con- H.R. 1676 varies slightly from the pre- ies dramatically from State to State, sume. vious legislation passed by the 110th and, frankly, in New York State we Mr. Speaker, I would like to thank Congress. Provisions that were under have the highest State tax in the Na- my colleague and friend on the Judici- the jurisdiction of the Oversight and tion, $2.75 a pack, and the highest local ary Committee, Mr. WEINER, for intro- Government Reform Committee have tax as well. We have a $4.25 per pack. In ducing H.R. 1676, the Prevent All Ciga- been removed. some places it’s much lower. rette Trafficking or PACT Act. This bi- This bill also contains an authoriza- But every State in the union has partisan legislation will help Federal, tion for additional funding for some taxation that they put on their State, and local law enforcement offi- anticigarette trafficking efforts for the tobacco products, and it is collected, cials combat cigarette smuggling and Bureau of Alcohol, Tobacco, Firearms by and large, by wholesalers that put a trafficking in the United States. and Explosives. tax stamp on. Most citizens, when they Tobacco smuggling has become one This bipartisan legislation closes go out and purchase their cigarettes, of the most prevalent forms of smug- loopholes in current tobacco traf- do so legally, pay the tax, and there is gling in recent years in our country. ficking laws, provides law enforcement no problem. Its effects are not felt only in the with new tools to combat innovative However, as the taxes have gone up, United States but other parts of the methods being used by the cigarette we have unwittingly created a large world as well. traffickers to distribute their products, and growing black market for smug- The World Health Organization esti- and bolsters the States’ ability to en- gled tobacco products. And this legisla- mates that illegal cigarettes account force State law. tion, which has bipartisan support in for 10.7 percent, or approximately 600 I urge all my colleagues to support the Judiciary Committee and in this billion cigarettes, of the more than 5.7 this legislation. House, seeks to solve that problem. It trillion cigarettes sold globally each Mr. Speaker, I reserve the balance of does so in a number of ways. year. my time. One, it makes it much more difficult According to a study by the World Mr. WEINER. I thank the gentleman for someone to sell tobacco over the Bank, cigarettes are appealing to for his leadership on this and so many Internet. Right now, UPS, DHL, the smugglers because taxes typically ac- issues on the Judiciary Committee. common carriers all are under agree- count for a large portion of the price, It is indeed the fact that a lot of ment that they, themselves, are say- making it highly profitable to traffic these Web sites continue to exist be- ing, We are not going to ship tobacco them for resale at a reduced price. cause they provide delivery by the across the Internet because too often Tobacco smuggling traditionally in- United States Postal Service. The it’s used as a way to avoid paying the volves the diversion of large quantities irony here is that UPS, FedEx, DHL, taxes. There is one common carrier, of cigarettes from wholesale distribu- the big carriers have entered into an the Postal Service, which still permits tion into the black market. This typi- agreement with the State of New York it. That is the carrier of choice for the cally occurs during the transit of the that they are now following in all 50 overwhelming number of illegally cigarettes, thus allowing the traf- States that they won’t transport those smuggled cigarettes. And, frankly, the fickers to avoid most, if not all, taxes tobacco products because there is a Postal Service has said, Congress, if that will be imposed at retail on the reasonable expectation that these Web you want us not to ship those ciga- cigarettes. sites are operating, and often brag rettes, you’ve got to tell us in a law The profits from tobacco trafficking about the idea that, if you go shopping that you want us not to. That’s what can be and likely are used to finance for tobacco on the Internet, you’re not we are doing today. other illegal activities such as orga- going to have to pay the taxes. Also, it increases the penalties under nized crime and drug trafficking syn- the Jenkins Act. If someone is going to dicates. In addition to the sale of b 1330 seek to avoid paying tobacco taxes, smuggled tobacco on the black market, Well, we need to stop that activity. violating the Jenkins Act is going to it deprives States of significant You can be against the high taxes in be a felony under this act. It is going amounts of tax revenue every year. some States, or in favor of them. I to make it a requirement that sellers Over the last 15 years, cigarette taxes think that the States, in their sov- of Internet tobacco verify the pur- have increased more than 65 percent ereign responsibility, have the right to chaser’s age and identify them through throughout the United States; yet, dur- come up with their own levels of tax- easily accessible databases, which is, in ing this same time, States’ tax reve- ation. But I think that we should all be many cases, going to put some of these nues increased by only 35 percent. able to agree that right now there is a

VerDate Nov 24 2008 03:02 May 20, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.036 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5738 CONGRESSIONAL RECORD — HOUSE May 19, 2009 giant truck-sized loophole that exists cigarettes should be taxed or not, similar legislation is convened, I would sup- in the law that allows many people to whether tobacco should be taxed or port your request for an appropriate number avoid paying the taxes and allows the not. The issue is the black market sale of conferees. I will include a copy of your letter and this funds to go to nefarious hands. of cigarettes and those individuals who response in the Congressional Record in the According to the GAO, Hezbollah fail to pay lawfully imposed taxes on debate on the bill. Thank you for your co- raised $1.5 million from the sale of ille- them. operation as we work towards enactment of gal tobacco in the 5 years 1996 through This legislation is supported by the this legislation. 2000. The largest case that they found tobacco industry and by law enforce- Sincerely, was that millions of dollars of ciga- ment, the Attorney General, and I urge JOHN CONYERS, JR., rettes were smuggled to Michigan from the adoption of this legislation. Chairman. North Carolina in 1996—seized ciga- I yield back the balance of my time. I urge support for the bill, and I yield rettes and property and currency worth Mr. WEINER. I thank Mr. POE again, back the balance of my time. $2 million and proceeds that had been and I just want to make one other The SPEAKER pro tempore. The transferred to Beirut. point: that there are colleagues on question is on the motion offered by But it’s more obviously often smaller other committees who have had an in- the gentleman from New York (Mr. bore problems that have been created terest in this, and they have been WEINER) that the House suspend the as well; that if you have people who are working hand-in-hand with the Judici- rules and pass the bill, H.R. 1676, as increasingly seeking, because of the ary Committee. amended. large amount of taxation that there is I will insert an exchange of letters The question was taken. on many of these products, a lot of the with one of those committees, the The SPEAKER pro tempore. In the programs in our States that are funded Oversight and Reform Committee, at opinion of the Chair, two-thirds being theoretically from the tax revenues this point in the RECORD. in the affirmative, the ayes have it. from tobacco are seeing shortfalls. In HOUSE OF REPRESENTATIVES, COM- Mr. POE of Texas. Mr. Speaker, on fact, we’re reaching a point now where MITTEE ON OVERSIGHT AND GOV- that I demand the yeas and nays. the rising tobacco tax rights are pro- ERNMENT REFORM, The yeas and nays were ordered. ducing less revenue in some States. Washington, DC, May 19, 2009. The SPEAKER pro tempore. Pursu- Some people thump their chest and Hon. JOHN CONYERS, JR., ant to clause 8 of rule XX and the Chairman, Committee on the Judiciary, Ray- say, Isn’t that great. We have less Chair’s prior announcement, further burn House Office Building, Washington, proceedings on this motion will be smoking. But if you look at the back DC. end, you see that the wholesalers and DEAR CHAIRMAN CONYERS: I am writing postponed. the manufacturers are still sending the about H.R. 1676, the ‘‘Prevent All Cigarette f same number of cigarettes out; we’re Trafficking Act of 2009.’’ The Judiciary Com- mittee ordered this measure reported, as HONORING POLICE OFFICERS AND just not collecting the revenues for it. LAW ENFORCEMENT PROFES- I want to offer my gratitude to Mr. amended, on April 28, 2009. I appreciate your efforts to consult with SIONALS DURING POLICE WEEK SCOTT for his chairmanship on the the Committee on Oversight and Govern- Crime Subcommittee, through which Mr. SCOTT of Virginia. Mr. Speaker, ment Reform regarding those provisions of I move to suspend the rules and agree the bill passed. I also want to express H.R. 1676 that fall within the Oversight Com- gratitude to many members of the staff mittee’s jurisdiction. These provisions relate to the resolution (H. Res. 426) honoring who have worked to make not only the to the treatment of cigarettes and smokeless police officers and law enforcement bill work, but also the compromises tobacco as nonmailable matter and new re- professionals during Police Week. and changes that we made. quirements which will be placed on the U.S. The Clerk read the title of the resolu- Mr. COBLE, for example, was con- Postal Service as a result. tion. In the interest of expediting consideration cerned that we wanted to allow some of The text of the resolution is as fol- of H.R. 1676, the Oversight Committee will lows: the smaller test brands to be able to be not separately consider relevant provisions H. RES. 426 sent out so market research could be of this bill. I would, however, request your done. We accommodated those con- support for the appointment of conferees Whereas President John F. Kennedy signed cerns. And I think his staff was very, from the Oversight Committee should H.R. a proclamation declaring May 15th as Peace very helpful. 1676 or a similar Senate bill be considered in Officers Memorial Day to honor law enforce- If the Speaker will indulge me, I conference with the Senate. Moreover, this ment officers killed in the line of duty, and letter should not be construed as a waiver of to designate the calendar week in which May want to mention some of them by 15th occurs as Police Week; name: Perry Apelbaum of the Judiciary the Oversight Committee’s legislative juris- diction over subjects addressed in H.R. 1676 Whereas police officers protect commu- Committee; and Ameer Gopalani, that fall within the jurisdiction of the Over- nities across our Nation; Jesselyn McCurdy, Kimani Little and sight Committee. Whereas police officers selflessly put their Caroline Lynch of the Subcommittee Please include our exchange of letters on lives on the line to keep Americans safe; on Crime, Terrorism, and Homeland this matter in the Congressional Record dur- Whereas police officers perform a variety Security; John Mautz of Congressman ing consideration of this legislation on the of duties to pursue justice and maintain pub- lic safety; COBLE’s staff; and Joseph Dunn of my House floor. Whereas in just the last decade, hundreds staff. Again, I appreciate your willingness to consult the Committee on these matters. of police officers were killed in the line of Also, some of the folks in the private Sincerely, duty, and in just the first four months of 2009 sector who helped us craft this bill in a EDOLPHUS TOWNS, more than 40 officers around the country way that doesn’t impact legitimate op- Chairman. have made the ultimate sacrifice; and erators: Artie Katz, Lenny Schwartz, Whereas police officers and law enforce- and Steve Rosenthal with the New HOUSE OF REPRESENTATIVES, ment personnel have been adversely affected York Association of Wholesale Market- COMMITTEE ON THE JUDICIARY, by the current economic situation, yet con- ers, who helped enlighten the com- Washington, DC, May 19, 2009. tinue to serve bravely: Now, therefore, be it Resolved, That— mittee on how the process actually Hon. EDOLPHUS TOWNS, Chairman, Committee on Oversight and Govern- (1) it is the sense of the House of Rep- worked; John Hoel and Sarah ment Reform, House of Representatives, resentatives that— Knakmuhs with Altria; Eric Lindblom Washington, DC. (A) Police Week provides an opportunity to with the Campaign for Tobacco Free DEAR MR. CHAIRMAN: Thank you for your honor police officers and law enforcement Kids; Anne Holloway with the Amer- letter regarding your committee’s jurisdic- personnel for their selfless acts of bravery; ican Wholesale Marketers Association; tional interest in H.R. 1676, the Prevent All (B) police officers and law enforcement Lynn Beckwith with the National As- Cigarette Trafficking Act of 2009. personnel risk their lives daily to protect sociation of Convenience Stores; and I appreciate your willingness to support Americans; and expediting floor consideration of this impor- (C) police officers and law enforcement per- Laurie McKay with Dickstein Shapiro. tant legislation today. I understand and sonnel who have made the ultimate sacrifice Mr. Speaker, I reserve the balance of agree that this is without prejudice to your should be remembered and honored; my time. Committee’s jurisdictional interests in this (2) the House of Representatives honors po- Mr. POE of Texas. Mr. Speaker, this or similar legislation in the future. In the lice officers for their efforts to create safer bill has nothing to do with whether event a House-Senate conference on this or and more secure communities; and

VerDate Nov 24 2008 03:02 May 20, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.038 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5739 (3) the House of Representatives expresses them in their mission throughout the the line of duty while representing its strong support for the Nation’s police of- country, especially their families. every State, the District of Columbia, ficers and law enforcement personnel. As they continue to protect and U.S. territories, as well as Federal law The SPEAKER pro tempore. Pursu- serve, we take a moment to salute enforcement and the military police. ant to the rule, the gentleman from them for everything that they do every Today, we thank them the best way Virginia (Mr. SCOTT) and the gen- day, much of which goes unnoticed. that we can in the House of Represent- tleman from Texas (Mr. POE) each will We’re able to go about our daily rou- atives. I urge people across the country control 20 minutes. tines because officers in small towns to similarly thank them for their serv- The Chair recognizes the gentleman and big cities and in rural areas ice with a simple smile or a handshake from Virginia. throughout this country stand ready to or a thank you. GENERAL LEAVE take those risks on our behalf. I urge my colleagues to support this Mr. SCOTT of Virginia. Mr. Speaker, Each year, 50,000—50,000—peace offi- important resolution. I ask unanimous consent that all Mem- cers are assaulted in the United States. I reserve the balance of my time. bers have 5 legislative days to revise On May 17, 1792, New York City’s Dep- Mr. SCOTT of Virginia. Mr. Speaker, and extend their remarks and include uty Sheriff Isaac Smith became the I yield 2 minutes to the gentleman extraneous material on the resolution first recorded police officer to be killed who, prior to coming to Congress, was under consideration. in the line of duty in the United a law enforcement professional him- The SPEAKER pro tempore. Is there States. Since that time, 19,705 peace of- self, the gentleman from Michigan (Mr. objection to the request of the gen- ficers have been killed while on duty STUPAK). Mr. STUPAK. I thank the gentleman tleman from Virginia? protecting the rest of us. for yielding. And I stand today in sup- There was no objection. In 2008, 140 officers died in the line of port of House Resolution 426, a resolu- Mr. SCOTT of Virginia. Mr. Speaker, duty while upholding the values that tion offered by our friend, Mr. I yield myself such time as I may con- make this country great—duty, honor, MCNERNEY from California. This reso- sume. sacrifice. Those values and their sac- lution is to recognize Police Week and Mr. Speaker, this resolution honors rifice are a somber reminder that the all the law enforcement officers across police officers and law enforcement freedoms that we share do not come the country that keep us and our com- professionals during Police Week. In without a cost. Of those 140, 10 percent, munities safe. 1962, President Kennedy proclaimed the or 14, were from my home State of As a former city police officer and as week in which May 15 occurs to be Po- Texas. a Michigan State police trooper, law lice Week. For over 40 years, the week Sadly, already in 2009, 48 peace offi- enforcement has always been a legisla- of May 15 has continued to be the time cers have died in the line of duty. Once tive priority for me. When I was elect- to honor men and women in our Na- again, 10 percent from the State of ed to Congress 17 years ago, I was sur- tion’s law enforcement agencies, who Texas. This number includes two addi- prised to learn that there was no for- protect our neighborhoods, our homes, tional officers since I spoke on the mal organization within Congress to and our loved ones. House floor about peace officers 5 days advocate on behalf of law enforcement. The men and women who dedicate ago. Those individuals, Sergeant Dulan So I founded the Law Enforcement their careers to our safety do so at the Earl Murray, Jr. from the Nags Head Caucus with the help of then-Demo- expense of spending long hours away Police Department in North Carolina, cratic caucus chairman STENY HOYER. from their own families, putting them- and Deputy Sheriff Tom Wilson from Today, the Law Enforcement Caucus selves at great risk—and, in too many Warren County Sheriff’s Department in has 110 members and we hold regular instances, making the ultimate sac- Mississippi, died over the weekend briefings throughout the year. I’m rifice. while on duty. proud to be cochair of the caucus, In fact, we have lost over 20,000 offi- In 1961, Congress created Peace Offi- along with my friend DAVE REICHERT, cers in the line of duty over the course cers Memorial Day and designated it to the gentleman from the State of Wash- of our history. Since January 1 of this be commemorated each year on May 15. ington. year, we’ve lost 48 officers—five since Correspondingly, each year, the Presi- As you know, this is a time of great the beginning of this month alone. Yet dent issues a proclamation naming change for the law enforcement com- regardless of the continuing danger, May 15 as National Peace Officers Me- munity. During an economic downturn, day after day, and year after year, morial Day. there’s an increase in crime and in the these dedicated professionals continue I’m proud to sponsor this year’s reso- drug trade. Many in Washington have to make the sacrifices for their com- lution to recognize Peace Officer Me- paid a lot of attention to the integral munities, without asking for thanks or morial Day, which passed the House role that law enforcement plays in pro- praise. unanimously in February of this year. tecting our country. But the Federal And so the law enforcement profes- Peace Officer Memorial Day takes Government has to do more than talk sionals and police officers who toil in place during National Police Week, about the problem. We must also pro- our communities across the Nation de- which was held in Washington, D.C. vide resources, training, and equipment serve our unwavering support and our last week. to ensure that it is there for local law thankful recognition. Many of the families, friends, and enforcement. I commend the gentleman from Cali- colleagues of these fallen officers came We made a strong commitment to fornia (Mr. MCNERNEY) for introducing to Washington last week to remember this goal by providing $3 billion in the this resolution and for giving the them as mothers and fathers, brothers American Recovery and Reinvestment House of Representatives the oppor- and sisters, sons and daughters, and Act of 2009 for law enforcement pro- tunity to show respect and admiration friends of their communities, guarding grams. This effort must continue as we for our law enforcement professionals. all of us. consider fiscal year 2010 appropriation I urge my colleagues to support the They came together to celebrate in bills. After all, our law enforcement of- resolution. many ways. They participated in can- ficers are on the front lines every day, I reserve the balance of my time. dlelight vigils and torch runs, they keeping us and our communities safe. Mr. POE of Texas. I yield myself such broke bread and shared stories, but I urge my colleagues to not only sup- time as I may consume. more importantly, they honored and port this resolution honoring Police I would like to thank the gentleman remembered the fallen. Today, we do as Week, but support law enforcement from California (Mr. MCNERNEY) for in- well. programs by fully funding the Byrne troducing H. Res. 426, which honors po- Those officers have no doubt re- Justice Assistance Grants, the Commu- lice officers and law enforcement pro- turned to serve their communities nity Oriented Policing Services grants, fessionals during National Police while quietly making all of our lives a and many Federal programs that have Week. I’m pleased to cosponsor this little better. gone underfunded when the need is ever resolution that supports the brave men We commemorate the 186 officers growing. and women who wear the badge, as well that died in 2008 and 2009, and all law Mr. POE of Texas. I reserve the bal- as all the professionals who support enforcement officers that have died in ance of my time.

VerDate Nov 24 2008 03:02 May 20, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A19MY7.009 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5740 CONGRESSIONAL RECORD — HOUSE May 19, 2009 Mr. SCOTT of Virginia. Mr. Speaker, Trooper James Scott Burns, Texas Depart- S. 896 I yield such time as he may consume to ment of Public Safety—Texas Highway Pa- Be it enacted by the Senate and House of Rep- the sponsor of this important resolu- trol, TX, EOW: Tuesday, April 29, 2008. resentatives of the United States of America in tion, the gentleman from California Police Officer Everett William Dennis, Congress assembled, Carthage Police Department, TX, EOW: (Mr. MCNERNEY). DIVISION A—PREVENTING MORTGAGE Tuesday, June 3, 2008. FORECLOSURES Mr. MCNERNEY. I rise in proud sup- Sergeant Barbara Jean Shumate, Texas port of H. Res. 426. I thank the gen- Department of Criminal Justice, TX, EOW: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This division may be tleman from Texas for his words and Friday, June 13, 2008. support. We’re basically here to honor Police Officer Gary Gryder, Houston Police cited as the ‘‘Helping Families Save Their Department, TX, EOW: Sunday, June 29, Homes Act of 2009’’. police officers and law enforcement (b) TABLE OF CONTENTS.—The table of con- 2008. professionals. tents of this division is the following: I introduced this resolution last Detective Tommy Keen, Harris County Sheriff’s Department, TX, EOW: Monday, Sec. 1. Short title; table of contents. Tuesday in recognition of National Po- September 15, 2008. TITLE I—PREVENTION OF MORTGAGE lice Week. H. Res. 426 commends police Game Warden George Harold Whatley Jr., FORECLOSURES officers and law enforcement profes- Texas Parks and Wildlife Department—Law Sec. 101. Guaranteed rural housing loans. sionals for the hard and often dan- Enforcement Division, TX, EOW: Friday, Oc- Sec. 102. Modification of housing loans guar- gerous work they perform to keep us tober 10, 2008. anteed by the Department of safe. Sheriff Brent Lee, Trinity County Sheriff’s Veterans Affairs. Almost 47 years ago, in October of Department, TX, EOW: Thursday, November Sec. 103. Additional funding for HUD pro- 1962, President John F. Kennedy signed 27, 2008. grams to assist individuals to Police Officer Robert Davis, San Antonio better withstand the current a resolution designating May 15 as Police Department, TX, EOW: Monday, De- mortgage crisis. Peace Officers Memorial Day and the cember 1, 2008. Sec. 104. Mortgage modification data col- week in which it occurs as Police Police Officer Timothy Abernethy, Hous- lecting and reporting. Week. Since then, police officers have ton Police Department, TX, EOW: Sunday, Sec. 105. Neighborhood Stabilization Pro- held events during Police Week hon- December 7, 2008. gram Refinements. oring their fallen brethren and officers Police Officer Mark Simmons, Amarillo TITLE II—FORECLOSURE MITIGATION who worked tirelessly to keep us safe. Police Department, TX, EOW: Wednesday, AND CREDIT AVAILABILITY December 17, 2008. Sec. 201. Servicer safe harbor for mortgage b 1345 In 2009, 48 officers have died in the line of loan modifications. May 15 just passed, but our law en- duty. 5 of these officers were from Texas: Sec. 202. Changes to HOPE for Homeowners forcement officials should be cele- Senior Corporal Norman Smith, Dallas Po- Program. lice Department, TX, EOW: Tuesday, Janu- brated daily. Sec. 203. Requirements for FHA-approved ary 6, 2009. mortgagees. So far this year more than 40 officers Detention Officer Cesar Arreola, El Paso Sec. 204. Enhancement of liquidity and sta- from around the country have lost County Sheriff’s Office, TX, EOW: Sunday, bility of insured depository in- their lives in the line of duty. Four of- January 18, 2009. stitutions to ensure avail- ficers from California, including Ser- Lieutenant Stuart J. Alexander, Corpus ability of credit and reduction geants Mark Dunakin of Tracy and Christi Police Department, TX, EOW: of foreclosures. Ervin Romans of Danville, both from Wednesday, March 11, 2009. Sec. 205. Application of GSE conforming my district, were killed earlier this Sergeant Randy White, Bridgeport Police loan limit to mortgages as- Department, TX, EOW: Thursday, April 2, sisted with TARP funds. year. My thoughts and prayers are with 2009. Sec. 206. Mortgages on certain homes on the families and loved ones of these Deputy Sheriff D. Robert Harvey, Lubbock leased land. dedicated officers. County Sheriff’s Department, TX, EOW: Sun- Sec. 207. Sense of Congress regarding mort- In honor of their memory and in day, April 26, 2009. gage revenue bond purchases. thanks for the hard work and selfless I yield back the balance of my time. TITLE III—MORTGAGE FRAUD TASK dedication of our Nation’s police offi- Mr. SCOTT of Virginia. I yield myself FORCE cers and law enforcement professionals, as much time as I may consume. Sec. 301. Sense of the Congress on establish- I urge my colleagues to support this Mr. Speaker, I would like to thank ment of a Nationwide Mortgage resolution. These brave men and the gentleman from Texas, the gen- Fraud Task Force. women deserve our respect and grati- tleman from California and the gen- TITLE IV—FORECLOSURE MORATORIUM PROVISIONS tude. I further encourage my col- tleman from Michigan for their strong Sec. 401. Sense of the Congress on fore- leagues to support our law enforcement support of this resolution. I urge my professionals not just during Police closures. colleagues to support it. Sec. 402. Public-Private Investment Pro- Week but every day of the year. I yield back the balance of my time. gram; Additional Appropria- Mr. POE of Texas. Mr. Speaker, I The SPEAKER pro tempore. The tions for the Special Inspector want to thank the gentleman from Vir- question is on the motion offered by General for the Troubled Asset ginia and the gentleman from Cali- the gentleman from Virginia (Mr. Relief Program. Sec. 403. Removal of requirement to liq- fornia for proposing this legislation. SCOTT) that the House suspend the uidate warrants under the Also, we need to constantly remember rules and agree to the resolution, H. that we here in the United States Cap- TARP. Res. 426. Sec. 404. Notification of sale or transfer of itol are protected daily by the Capitol The question was taken; and (two- mortgage loans. Police, two of whom just a few years thirds being in the affirmative) the TITLE V—FARM LOAN RESTRUCTURING ago gave their lives protecting Mem- rules were suspended and the resolu- Sec. 501. Congressional Oversight Panel spe- bers of Congress. tion was agreed to. cial report. I would also like to introduce into A motion to reconsider was laid on TITLE VI—ENHANCED OVERSIGHT OF the RECORD the names of the 19 police the table. THE TROUBLED ASSET RELIEF PRO- officers from the State of Texas who f GRAM have been killed in 2008 and 2009. Sec. 601. Enhanced oversight of the Troubled In 2008, 140 peace officers were killed. Of HELPING FAMILIES SAVE THEIR Asset Relief Program. these fallen officers, 14 were from Texas: HOMES ACT OF 2009 TITLE VII—PROTECTING TENANTS AT Deputy Constable David Joubert, Harris FORECLOSURE ACT County Constable’s Office—Precinct 7, TX, Mr. FRANK of Massachusetts. Mr. EOW: Sunday, January 13, 2008. Speaker, I move to suspend the rules Sec. 701. Short title. Police Officer Matthew B. Thebeau, Corpus and pass the Senate bill (S. 896) to pre- Sec. 702. Effect of foreclosure on preexisting Christi Police Department, TX, EOW: Sun- vent mortgage foreclosures and en- tenancy. day, January 20, 2008. Sec. 703. Effect of foreclosure on section 8 hance mortgage credit availability, as tenancies. Corporal Harry Thielepape, Harris County amended. Constable’s Office—Precinct 6, TX, EOW: Sec. 704. Sunset. Wednesday, February 20, 2008. The Clerk read the title of the Senate TITLE VIII—COMPTROLLER GENERAL Senior Corporal Victor A. Lozada Sr., Dal- bill. ADDITIONAL AUDIT AUTHORITIES las Police Department, TX, EOW: Friday, The text of the Senate bill, as amend- Sec. 801. Comptroller General additional February 22, 2008. ed, is as follows: audit authorities.

VerDate Nov 24 2008 04:13 May 20, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.042 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5741

TITLE I—PREVENTION OF MORTGAGE quent mortgages or mortgages facing immi- (1) IN GENERAL.—The promulgation of regu- FORECLOSURES nent default, as defined by the Secretary, lations necessitated and the administration SEC. 101. GUARANTEED RURAL HOUSING LOANS. through the payment of the guaranty and as- actions required by the amendments made (a) GUARANTEED RURAL HOUSING LOANS.— signment of the mortgage to the Secretary by this section shall be made without regard Section 502(h) of the Housing Act of 1949 (42 and the subsequent modification of the to— U.S.C. 1472(h)) is amended— terms of the mortgage according to a loan (A) the notice and comment provisions of (1) by redesignating paragraphs (13) and modification approved under this section. section 553 of title 5, United States Code; (14) as paragraphs (16) and (17), respectively; ‘‘(ii) ACCEPTANCE OF ASSIGNMENT.—The (B) the Statement of Policy of the Sec- and Secretary may accept assignment of a mort- retary of Agriculture effective July 24, 1971 (2) by inserting after paragraph (12) the fol- gage under a program under this subsection (36 Fed. Reg. 13804), relating to notices of lowing new paragraphs: only if— proposed rulemaking and public participa- ‘‘(13) LOSS MITIGATION.—Upon default or ‘‘(I) the mortgage is in default or facing tion in rulemaking; and imminent default of any mortgage guaran- imminent default; (C) chapter 35 of title 44, United States teed under this subsection, mortgagees shall ‘‘(II) the mortgagee has modified the mort- Code (commonly known as the ‘‘Paperwork engage in loss mitigation actions for the pur- gage or qualified the mortgage for modifica- Reduction Act’’). pose of providing an alternative to fore- tion sufficient to cure the default and pro- (2) CONGRESSIONAL REVIEW OF AGENCY RULE- closure (including actions such as special vide for mortgage payments the mortgagor MAKING.—In carrying out this section, and forbearance, loan modification, pre-fore- is reasonably able to pay, at interest rates the amendments made by this section, the closure sale, deed in lieu of foreclosure, as not exceeding current market interest rates; Secretary shall use the authority provided required, support for borrower housing coun- and under section 808 of title 5, United States seling, subordinate lien resolution, and bor- ‘‘(III) the Secretary arranges for servicing Code. rower relocation), as provided for by the Sec- of the assigned mortgage by a mortgagee SEC. 102. MODIFICATION OF HOUSING LOANS retary. (which may include the assigning mort- GUARANTEED BY THE DEPARTMENT OF VETERANS AFFAIRS. ‘‘(14) PAYMENT OF PARTIAL CLAIMS AND gagee) through procedures that the Sec- (a) MATURITY OF HOUSING LOANS.—Section MORTGAGE MODIFICATIONS.—The Secretary retary has determined to be in the best in- may authorize the modification of mort- terests of the appropriate guaranty fund. 3703(d)(1) of title 38, United States Code, is gages, and establish a program for payment ‘‘(C) PAYMENT OF GUARANTY.—Under the amended by inserting ‘‘at the time of origi- of a partial claim to a mortgagee that agrees program under this paragraph, the Secretary nation’’ after ‘‘loan’’. (b) IMPLEMENTATION.—The Secretary of to apply the claim amount to payment of a may pay the guaranty for a mortgage, in the Veterans Affairs may implement the amend- mortgage on a 1- to 4-family residence, for amount determined in accordance with para- ments made by this section through notice, mortgages that are in default or face immi- graph (2), without reduction for any amounts procedure notice, or administrative notice. nent default, as defined by the Secretary. modified, but only upon the assignment, Any payment under such program directed transfer, and delivery to the Secretary of all SEC. 103. ADDITIONAL FUNDING FOR HUD PRO- GRAMS TO ASSIST INDIVIDUALS TO to the mortgagee shall be made at the sole rights, interest, claims, evidence, and records with respect to the mortgage, as de- BETTER WITHSTAND THE CURRENT discretion of the Secretary and on terms and MORTGAGE CRISIS. fined by the Secretary. conditions acceptable to the Secretary, ex- (a) ADDITIONAL APPROPRIATIONS FOR AD- ‘‘(D) DISPOSITION.—After modification of a cept that— VERTISING TO INCREASE PUBLIC AWARENESS mortgage pursuant to this paragraph, and as- ‘‘(A) the amount of the partial claim pay- OF MORTGAGE SCAMS AND COUNSELING ASSIST- signment of the mortgage, the Secretary ment shall be in an amount determined by ANCE.—In addition to any amounts that may the Secretary, and shall not exceed an may provide guarantees under this sub- be appropriated for each of the fiscal years amount equivalent to 30 percent of the un- section for the mortgage. The Secretary may 2010 and 2011 for such purpose, there is au- paid principal balance of the mortgage and subsequently— thorized to be appropriated to the Secretary any costs that are approved by the Sec- ‘‘(i) re-assign the mortgage to the mort- of Housing and Urban Development, to re- retary; gagee under terms and conditions as are main available until expended, $10,000,000 for ‘‘(B) the amount of the partial claim pay- agreed to by the mortgagee and the Sec- each of the fiscal years 2010 and 2011 for pur- ment shall be applied first to any out- retary; poses of providing additional resources to be standing indebtedness on the mortgage, in- ‘‘(ii) act as a Government National Mort- used for advertising to raise awareness of cluding any arrearage, but may also include gage Association issuer, or contract with an mortgage fraud and to support HUD pro- principal reduction; entity for such purpose, in order to pool the grams and approved counseling agencies, ‘‘(C) the mortgagor shall agree to repay mortgage into a Government National Mort- provided that such amounts are used to ad- the amount of the partial claim to the Sec- gage Association security; or vertise in the 100 metropolitan statistical retary upon terms and conditions acceptable ‘‘(iii) re-sell the mortgage in accordance areas with the highest rate of home fore- to the Secretary; with any program that has been established closures, and provided, further that up to ‘‘(D) expenses related to a partial claim or for purchase by the Federal Government of $5,000,000 of such amounts are used for adver- modification are not to be charged to the mortgages insured under this title, and the tisements designed to reach and inform borrower; Secretary may coordinate standards for in- broad segments of the community. ‘‘(E) the Secretary may authorize com- terest rate reductions available for loan (b) ADDITIONAL APPROPRIATIONS FOR THE pensation to the mortgagee for lost income modification with interest rates established HOUSING COUNSELING ASSISTANCE PROGRAM.— on monthly mortgage payments due to inter- for such purchase. In addition to any amounts that may be ap- est rate reduction; ‘‘(E) LOAN SERVICING.—In carrying out the propriated for each of the fiscal years 2010 ‘‘(F) the Secretary may reimburse the program under this subsection, the Sec- and 2011 for such purpose, there is authorized mortgagee from the appropriate guaranty retary may require the existing servicer of a to be appropriated to the Secretary of Hous- fund in connection with any activities that mortgage assigned to the Secretary under ing and Urban Development, to remain avail- the mortgagee is required to undertake con- the program to continue servicing the mort- able until expended, $50,000,000 for each of cerning repayment by the mortgagor of the gage as an agent of the Secretary during the the fiscal years 2010 and 2011 to carry out the amount owed to the Secretary; period that the Secretary acquires and holds Housing Counseling Assistance Program es- ‘‘(G) the Secretary may authorize pay- the mortgage for the purpose of modifying tablished within the Department of Housing ments to the mortgagee on behalf of the bor- the terms of the mortgage. If the mortgage and Urban Development, provided that such rower, under such terms and conditions as is resold pursuant to subparagraph (D)(iii), amounts are used to fund HUD-certified are defined by the Secretary, based on suc- the Secretary may provide for the existing housing-counseling agencies located in the cessful performance under the terms of the servicer to continue to service the mortgage 100 metropolitan statistical areas with the mortgage modification, which shall be used or may engage another entity to service the highest rate of home foreclosures for the to reduce the principal obligation under the mortgage.’’. purpose of assisting homeowners with inquir- modified mortgage; and (b) TECHNICAL AMENDMENTS.—Subsection ies regarding mortgage-modification assist- ‘‘(H) the Secretary may authorize the (h) of section 502 of the Housing Act of 1949 ance and mortgage scams. modification of mortgages with terms ex- (42 U.S.C. 1472(h)) is amended— (c) ADDITIONAL APPROPRIATIONS FOR PER- tended up to 40 years from the date of modi- (1) in paragraph (5)(A), by striking ‘‘(as de- SONNEL AT THE OFFICE OF FAIR HOUSING AND fication. fined in paragraph (13)’’ and inserting ‘‘(as EQUAL OPPORTUNITY.—In addition to any ‘‘(15) ASSIGNMENT.— defined in paragraph (17)’’; and amounts that may be appropriated for each ‘‘(A) PROGRAM AUTHORITY.—The Secretary (2) in paragraph (18)(E)(as so redesignated of the fiscal years 2010 and 2011 for such pur- may establish a program for assignment to by subsection (a)(2)), by— pose, there is authorized to be appropriated the Secretary, upon request of the mort- (A) striking ‘‘paragraphs (3), (6), (7)(A), (8), to the Secretary of Housing and Urban De- gagee, of a mortgage on a 1- to 4-family resi- and (10)’’ and inserting ‘‘paragraphs (3), (6), velopment, to remain available until ex- dence guaranteed under this chapter. (7)(A), (8), (10), (13), and (14)’’; and pended, $5,000,000 for each of the fiscal years ‘‘(B) PROGRAM REQUIREMENTS.— (B) striking ‘‘paragraphs (2) through (13)’’ 2010 and 2011 for purposes of hiring additional ‘‘(i) IN GENERAL.—The Secretary may en- and inserting ‘‘paragraphs (2) through (15)’’. personnel at the Office of Fair Housing and courage loan modifications for eligible delin- (c) PROCEDURE.— Equal Opportunity within the Department of

VerDate Nov 24 2008 03:02 May 20, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A19MY7.011 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5742 CONGRESSIONAL RECORD — HOUSE May 19, 2009 Housing and Urban Development, provided SEC. 105. NEIGHBORHOOD STABILIZATION PRO- mitigation plan to a mortgage or class of that such amounts are used to hire personnel GRAM REFINEMENTS. mortgages will likely provide an anticipated at the local branches of such Office located (a) IN GENERAL.—Section 2301(c) of the recovery on the outstanding principal mort- Foreclosure Prevention Act of 2008 (42 U.S.C. in the 100 metropolitan statistical areas with gage debt that will exceed the anticipated 5301 note) is amended— the highest rate of home foreclosures. recovery through foreclosures. (1) by redesignating paragraph (3) as para- ‘‘(b) NO LIABILITY.—A servicer that is SEC. 104. MORTGAGE MODIFICATION DATA COL- graph (4); and deemed to be acting in the best interests of LECTING AND REPORTING. ‘‘(3) EXCEPTION FOR CERTAIN STATES.—Each all investors or other parties under this sec- State that has received the minimum alloca- tion shall not be liable to any party who is (a) REPORTING REQUIREMENTS.—Not later tion of amounts pursuant to the requirement owed a duty under subsection (a)(1), and than 120 days after the date of the enactment under section 2302 may, to the extent such shall not be subject to any injunction, stay, of this Act, and quarterly thereafter, the State has fulfilled the requirements of para- or other equitable relief to such party, based Comptroller of the Currency and the Direc- graph (2), distribute any remaining amounts solely upon the implementation by the tor of the Office of Thrift Supervision, shall to areas with homeowners at risk of fore- servicer of a qualified loss mitigation plan. jointly submit a report to the Committee on closure or in foreclosure without regard to ‘‘(c) STANDARD INDUSTRY PRACTICE.—The Banking, Housing, and Urban Affairs of the the percentage of home foreclosures in such qualified loss mitigation plan guidelines issued by the Secretary of the Treasury Senate, the Committee on Financial Serv- areas.’’. under the Emergency Economic Stabiliza- ices of the House of Representatives on the (b) RETROACTIVE EFFECTIVE DATE.—The amendment made by subsection (a) shall tion Act of 2008 shall constitute standard in- volume of mortgage modifications reported take effect as if enacted on the date of enact- dustry practice for purposes of all Federal to the Office of the Comptroller of the Cur- ment of the Foreclosure Prevention Act of and State laws. rency and the Office of Thrift Supervision, 2008 (Public Law 110–289). ‘‘(d) SCOPE OF SAFE HARBOR.—Any person, under the mortgage metrics program of each including a trustee, issuer, and loan origi- TITLE II—FORECLOSURE MITIGATION such Office, during the previous quarter, in- nator, shall not be liable for monetary dam- AND CREDIT AVAILABILITY ages or be subject to an injunction, stay, or cluding the following: SEC. 201. SERVICER SAFE HARBOR FOR MORT- other equitable relief, based solely upon the (1) A copy of the data collection instru- GAGE LOAN MODIFICATIONS. cooperation of such person with a servicer ment currently used by the Office of the (a) CONGRESSIONAL FINDINGS.—Congress when such cooperation is necessary for the Comptroller of the Currency and the Office finds the following: servicer to implement a qualified loss miti- of Thrift Supervision to collect data on loan (1) Increasing numbers of mortgage fore- gation plan that meets the requirements of modifications. closures are not only depriving many Ameri- subsection (a). (2) The total number of mortgage modifica- cans of their homes, but are also desta- ‘‘(e) REPORTING.—Each servicer that en- tions resulting in each of the following: bilizing property values and negatively af- gages in qualified loss mitigation plans (A) Additions of delinquent payments and fecting State and local economies as well as under this section shall regularly report to fees to loan balances. the national economy. the Secretary of the Treasury the extent, (B) Interest rate reductions and freezes. (2) In order to reduce the number of fore- scope, and results of the servicer’s modifica- (C) Term extensions. closures and to stabilize property values, tion activities. The Secretary of the Treas- (D) Reductions of principal. local economies, and the national economy, ury shall prescribe regulations or guidance (E) Deferrals of principal. servicers must be given— specifying the form, content, and timing of (F) Combinations of modifications de- (A) authorization to— such reports. ‘‘(f) DEFINITIONS.—As used in this section— scribed in subparagraph (A), (B), (C), (D), or (i) modify mortgage loans and engage in ‘‘(1) the term ‘qualified loss mitigation (E). other loss mitigation activities consistent plan’ means— (3) The total number of mortgage modifica- with applicable guidelines issued by the Sec- ‘‘(A) a residential loan modification, work- tions in which the total monthly principal retary of the Treasury or his designee under out, or other loss mitigation plan, including and interest payment resulted in the fol- the Emergency Economic Stabilization Act to the extent that the Secretary of the lowing: of 2008; and Treasury determines appropriate, a loan (A) An increase. (ii) refinance mortgage loans under the sale, real property disposition, trial modi- (B) Remained the same. Hope for Homeowners program; and fication, pre-foreclosure sale, and deed in (C) Decreased less than 10 percent. (B) a safe harbor to enable such servicers lieu of foreclosure, that is described or au- (D) Decreased between 10 percent and 20 to exercise these authorities. thorized in guidelines issued by the Sec- percent. (b) SAFE HARBOR.—Section 129A of the retary of the Treasury or his designee under (E) Decreased 20 percent or more. Truth in Lending Act (15 U.S.C. 1639a) is the Emergency Economic Stabilization Act (4) The total number of loans that have amended to read as follows: been modified and then entered into default, of 2008; and ‘‘SEC. 129. DUTY OF SERVICERS OF RESIDENTIAL ‘‘(B) a refinancing of a mortgage under the where the loan modification resulted in— MORTGAGES. (A) higher monthly payments by the home- Hope for Homeowners program; ‘‘(a) IN GENERAL.—Notwithstanding any ‘‘(2) the term ‘servicer’ means the person owner; other provision of law, whenever a servicer responsible for the servicing for others of (B) equivalent monthly payments by the of residential mortgages agrees to enter into residential mortgage loans(including of a homeowner; a qualified loss mitigation plan with respect pool of residential mortgage loans); and (C) lower monthly payments by the home- to 1 or more residential mortgages origi- ‘‘(3) the term ‘securitization vehicle’ owner of up to 10 percent; nated before the date of enactment of the means a trust, special purpose entity, or (D) lower monthly payments by the home- Helping Families Save Their Homes Act of other legal structure that is used to facili- owner of between 10 percent to 20 percent; or 2009, including mortgages held in a tate the issuing of securities, participation (E) lower monthly payments by the home- securitization or other investment vehicle— certificates, or similar instruments backed owner of more than 20 percent. ‘‘(1) to the extent that the servicer owes a by or referring to a pool of assets that in- (b) DATA COLLECTION.— duty to investors or other parties to maxi- cludes residential mortgages (or instruments (1) REQUIRED.— mize the net present value of such mort- that are related to residential mortgages (A) IN GENERAL.—Not later than 60 days gages, the duty shall be construed to apply such as credit-linked notes). after the date of the enactment of this Act, to all such investors and parties, and not to ‘‘(g) RULE OF CONSTRUCTION.—No provision the Comptroller of the Currency and the Di- any individual party or group of parties; and of subsection (b) or (d) shall be construed as rector of the Office of Thrift Supervision, ‘‘(2) the servicer shall be deemed to have affecting the liability of any servicer or per- shall issue mortgage modification data col- satisfied the duty set forth in paragraph (1) son as described in subsection (d) for actual lection and reporting requirements to insti- if, before December 31, 2012, the servicer im- fraud in the origination or servicing of a tutions covered under the reporting require- plements a qualified loss mitigation plan loan or in the implementation of a qualified ment of the mortgage metrics program of that meets the following criteria: loss mitigation plan, or for the violation of a the Comptroller or the Director. ‘‘(A) Default on the payment of such mort- State or Federal law, including laws regu- (B) INCLUSIVENESS OF COLLECTIONS.—The gage has occurred, is imminent, or is reason- lating the origination of mortgage loans, requirements under subparagraph (A) shall ably foreseeable, as such terms are defined commonly referred to as predatory lending provide for the collection of all mortgage by guidelines issued by the Secretary of the laws.’’. modification data needed by the Comptroller Treasury or his designee under the Emer- SEC. 202. CHANGES TO HOPE FOR HOMEOWNERS of the Currency and the Director of the Of- gency Economic Stabilization Act of 2008. PROGRAM. fice of Thrift Supervision to fulfill the re- ‘‘(B) The mortgagor occupies the property (a) PROGRAM CHANGES.—Section 257 of the porting requirements under subsection (a). securing the mortgage as his or her principal National Housing Act (12 U.S.C. 1715z–23) is (2) REPORT.—The Comptroller of the Cur- residence. amended— rency shall report all requirements estab- ‘‘(C) The servicer reasonably determined, (1) in subsection (c)— lished under paragraph (1) to each com- consistent with the guidelines issued by the (A) in the heading for paragraph (1), by mittee receiving the report required under Secretary of the Treasury or his designee, striking ‘‘THE BOARD’’ and inserting ‘‘SEC- subsection (a). that the application of such qualified loss RETARY’’;

VerDate Nov 24 2008 04:13 May 20, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A19MY7.011 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5743 (B) in paragraph (1), by striking ‘‘Board’’ mortgagee makes a good faith effort to de- sured under section 203(b) to the maximum inserting ‘‘Secretary, after consultation with termine that the mortgagor has not been extent possible consistent with the require- the Board,’’; convicted under Federal or State law for ments of this section.’’; and (C) in paragraph (1)(A), by inserting ‘‘con- fraud during the period described in subpara- (11) by adding at the end the following new sistent with section 203(b) to the maximum graph (A).’’; subsections: extent possible’’ before the semicolon; and (F) in paragraph (11), by inserting before ‘‘(x) PAYMENTS TO SERVICERS AND ORIGINA- (D) by adding after paragraph (2) the fol- the period at the end the following: ‘‘, except TORS.—The Secretary may establish a pay- lowing: that the Secretary may provide exceptions ment to the— ‘‘(3) DUTIES OF BOARD.—The Board shall ad- to such latter requirement (relating to ‘‘(1) servicer of the existing senior mort- vise the Secretary regarding the establish- present ownership interest) for any mort- gage ‘‘or existing subordinate mortgage’’ for ment and implementation of the HOPE for gagor who has inherited a property’’; and every loan insured under the HOPE for Homeowners Program.’’; (G) by adding at the end: Homeowners Program; and (2) by striking ‘‘Board’’ each place such ‘‘(12) BAN ON MILLIONAIRES.—The mort- ‘‘(2) originator of each new loan insured term appears in subsections (e), (h)(1), (h)(3), gagor shall not have a net worth, as of the under the HOPE for Homeowners Program. (j), (l), (n), (s)(3), and (v) and inserting ‘‘Sec- date the mortgagor first applies for a mort- ‘‘(y) AUCTIONS.—The Secretary, with the retary’’; gage to be insured under the Program under concurrence of the Board, shall, if feasible, (3) in subsection (e)— this section, that exceeds $1,000,000.’’; establish a structure and organize proce- (A) by striking paragraph (1) and inserting (4) in subsection (h)(2), by striking ‘‘The dures for an auction to refinance eligible the following: Board shall prohibit the Secretary from pay- mortgages on a wholesale or bulk basis.’’. ‘‘(1) BORROWER CERTIFICATION.— ing’’ and inserting ‘‘The Secretary shall not (b) REDUCING TARP FUNDS TO OFFSET ‘‘(A) NO INTENTIONAL DEFAULT OR FALSE IN- pay’’; and COSTS OF PROGRAM CHANGES.—Paragraph (3) FORMATION.—The mortgagor shall provide a (5) in subsection (i)— of section 115(a) of the Emergency Economic certification to the Secretary that the mort- (A) by redesignating paragraphs (1) and (2) Stabilization Act of 2008 (12 U.S.C. 5225) is gagor has not intentionally defaulted on the as subparagraphs (A) and (B), respectively, amended by inserting ‘‘, as such amount is existing mortgage or mortgages or any other and adjusting the margins accordingly; reduced by $1,244,000,000,’’ after substantial debt within the last 5 years and (B) in the matter preceding subparagraph ‘‘$700,000,000,000’’. has not knowingly, or willfully and with ac- (A), as redesignated by this paragraph, by (c) TECHNICAL CORRECTION.—The second tual knowledge, furnished material informa- striking ‘‘For each’’ and inserting the fol- section 257 of the National Housing Act tion known to be false for the purpose of ob- lowing: (Public Law 110–289; 122 Stat. 2839; 12 U.S.C. taining the eligible mortgage to be insured ‘‘(1) PREMIUMS.—For each’’; 1715z–24) is amended by striking the section and has not been convicted under Federal or (C) in subparagraph (A), as redesignated by heading and inserting the following: State law for fraud during the 10-year period this paragraph, by striking ‘‘equal to 3 per- ‘‘SEC. 258. PILOT PROGRAM FOR AUTOMATED ending upon the insurance of the mortgage cent’’ and inserting ‘‘not more than 3 per- PROCESS FOR BORROWERS WITH- under this section. cent’’; and OUT SUFFICIENT CREDIT HISTORY.’’. ‘‘(B) LIABILITY FOR REPAYMENT.—The mort- (D) in subparagraph (B), as redesignated by SEC. 203. REQUIREMENTS FOR FHA-APPROVED gagor shall agree in writing that the mort- this paragraph, by striking ‘‘equal to 1.5 per- MORTGAGEES. gagor shall be liable to repay to the Sec- cent’’ and inserting ‘‘not more than 1.5 per- (a) MORTGAGEE REVIEW BOARD.— retary any direct financial benefit achieved cent’’; (1) IN GENERAL.—Section 202(c)(2) of the Na- from the reduction of indebtedness on the ex- (E) by adding at the end the following: tional Housing Act (12 U.S.C. 1708(c)) is isting mortgage or mortgages on the resi- ‘‘(2) CONSIDERATIONS.—In setting the pre- amended— dence refinanced under this section derived mium under this subsection, the Secretary (A) in subparagraph (E), by inserting from misrepresentations made by the mort- shall consider— ‘‘and’’ after the semicolon; gagor in the certifications and documenta- ‘‘(A) the financial integrity of the HOPE (B) in subparagraph (F), by striking ‘‘; tion required under this paragraph, subject for Homeowners Program; and and’’ and inserting ‘‘or their designees.’’; and to the discretion of the Secretary. ‘‘(B) the purposes of the HOPE for Home- (C) by striking subparagraph (G). ‘‘(C) CURRENT BORROWER DEBT-TO-INCOME owners Program described in subsection (2) PROHIBITION AGAINST LIMITATIONS ON RATIO.—As of the date of application for a (b).’’; MORTGAGEE REVIEW BOARD’S POWER TO TAKE commitment to insure or insurance under (6) in subsection (k)— ACTION AGAINST MORTGAGEES.—Section 202(c) this section, the mortgagor shall have had, (A) by striking the subsection heading and of the National Housing Act (12 U.S.C. or thereafter is likely to have, due to the inserting ‘‘EXIT FEE’’; 1708(c)) is amended by adding at the end the terms of the mortgage being reset, a ratio of (B) in paragraph (1), in the matter pre- following new paragraph: mortgage debt to income, taking into con- ceding subparagraph (A), by striking ‘‘such ‘‘(9) PROHIBITION AGAINST LIMITATIONS ON sideration all existing mortgages of that sale or refinancing’’ and inserting ‘‘the mort- MORTGAGEE REVIEW BOARD’S POWER TO TAKE mortgagor at such time, greater than 31 per- gage being insured under this section’’; and ACTION AGAINST MORTGAGEES.—No State or cent (or such higher amount as the Sec- (C) in paragraph (2), by striking ‘‘and the local law, and no Federal law (except a Fed- retary determines appropriate).’’; mortgagor’’ and all that follows through the eral law enacted expressly in limitation of (B) in paragraph (4)— end and inserting ‘‘may, upon any sale or this subsection after the effective date of (i) in subparagraph (A), by striking ‘‘, sub- disposition of the property to which the this sentence), shall preclude or limit the ex- ject to standards established by the Board mortgage relates, be entitled to up to 50 per- ercise by the Board of its power to take any under subparagraph (B),’’; and cent of appreciation, up to the appraised action authorized under paragraphs (3) and (ii) in subparagraph (B)(i), by striking value of the home at the time when the (6) of this subsection against any mort- ‘‘shall’’ and inserting ‘‘may’’; and mortgage being refinanced under this section gagee.’’. (C) in paragraph (7), by striking ‘‘; and pro- was originally made. The Secretary may (b) LIMITATIONS ON PARTICIPATION AND vided that’’ and all that follows through share any amounts received under this para- MORTGAGEE APPROVAL AND USE OF NAME.— ‘‘new second lien’’; graph with ‘‘or assign the rights of any Section 202 of the National Housing Act (12 (D) in paragraph (9)— amounts due to the Secretary to’’ the holder U.S.C. 1708) is amended— (i) by striking ‘‘by procuring (A) an income of the existing senior mortgage on the eligi- (1) by redesignating subsections (d), (e), tax return transcript of the income tax re- ble mortgage, the holder of any existing sub- and (f) as subsections (e), (f), and (g), respec- turn of the mortgagor, or (B)’’ and inserting ordinate mortgage on the eligible mortgage, tively; ‘‘in accordance with procedures and stand- or both.’’; (2) by inserting after subsection (c) the fol- ards that the Secretary shall establish (pro- (7) in the heading for subsection (n), by lowing new subsection: vided that such procedures and standards are striking ‘‘THE BOARD’’ and inserting ‘‘SEC- ‘‘(d) LIMITATIONS ON PARTICIPATION IN consistent with section 203(b) to the max- RETARY’’; ORIGINATION AND MORTGAGEE APPROVAL.— imum extent possible) which may include re- (8) in subsection (p), by striking ‘‘Under ‘‘(1) REQUIREMENT.—Any person or entity quiring the mortgagee to procure’’; and the direction of the Board, the’’ and insert- that is not approved by the Secretary to (ii) by striking ‘‘and by any other method, ing ‘‘The’’; serve as a mortgagee, as such term is defined in accordance with procedures and standards (9) in subsection (s)— in subsection (c)(7), shall not participate in that the Board shall establish’’; (A) in the first sentence of paragraph (2), the origination of an FHA-insured loan ex- (E) in paragraph (10)— by striking ‘‘Board of Directors of’’ and in- cept as authorized by the Secretary. (i) by striking ‘‘The mortgagor shall not’’ serting ‘‘Advisory Board for’’; and ‘‘(2) ELIGIBILITY FOR APPROVAL.—In order and inserting the following: (B) in paragraph (3)(A)(ii), by striking to be eligible for approval by the Secretary, ‘‘(A) PROHIBITION.—The mortgagor shall ‘‘subsection (e)(1)(B) and such other’’ and in- an applicant mortgagee shall not be, and not’’; and serting ‘‘such’’; shall not have any officer, partner, director, (ii) by adding at the end the following: (10) in subsection (v), by inserting after the principal, manager, supervisor, loan proc- ‘‘(B) DUTY OF MORTGAGEE.—The duty of the period at the end the following: ‘‘The Sec- essor, loan underwriter, or loan originator of mortgagee to ensure that the mortgagor is retary shall conform documents, forms, and the applicant mortgagee who is— in compliance with the prohibition under procedures for mortgages insured under this ‘‘(A) currently suspended, debarred, under subparagraph (A) shall be satisfied if the section to those in place for mortgages in- a limited denial of participation (LDP), or

VerDate Nov 24 2008 03:02 May 20, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A19MY7.011 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5744 CONGRESSIONAL RECORD — HOUSE May 19, 2009 otherwise restricted under part 25 of title 24 (D) by inserting ‘‘as required,’’ after ‘‘deeds through the payment of insurance benefits of the Code of Federal Regulations, 2 Code of in lieu of foreclosure,’’; and and assignment of the mortgage to the Sec- Federal Regulations, part 180 as imple- (E) by inserting ‘‘or section 230(c),’’ before retary and the subsequent modification of mented by part 2424, or any successor regula- ‘‘as provided’’. the terms of the mortgage according to a tions to such parts, or under similar provi- (2) AMENDMENT TO PARTIAL CLAIM AUTHOR- loan modification approved by the mort- sions of any other Federal agency; ITY.—Section 230(b) of the National Housing gagee. ‘‘(B) under indictment for, or has been con- Act (12 U.S.C. 1715u(b)) is amended to read as ‘‘(B) PAYMENT OF BENEFITS AND ASSIGN- victed of, an offense that reflects adversely follows: MENT.—In carrying out this paragraph, the upon the applicant’s integrity, competence ‘‘(b) PAYMENT OF PARTIAL CLAIM.— Secretary may pay insurance benefits for a or fitness to meet the responsibilities of an ‘‘(1) ESTABLISHMENT OF PROGRAM.—The mortgage, in the amount determined in ac- approved mortgagee; Secretary may establish a program for pay- cordance with section 204(a)(5), without re- ‘‘(C) subject to unresolved findings con- ment of a partial claim to a mortgagee that duction for any amounts modified, but only tained in a Department of Housing and agrees to apply the claim amount to pay- upon the assignment, transfer, and delivery Urban Development or other governmental ment of a mortgage on a 1- to 4-family resi- to the Secretary of all rights, interest, audit, investigation, or review; dence that is in default or faces imminent claims, evidence, and records with respect to ‘‘(D) engaged in business practices that do default, as defined by the Secretary. the mortgage specified in clauses (i) through not conform to generally accepted practices ‘‘(2) PAYMENTS AND EXCEPTIONS.—Any pay- (iv) of section 204(a)(1)(A). of prudent mortgagees or that demonstrate ment of a partial claim under the program ‘‘(C) DISPOSITION.—After modification of a irresponsibility; established in paragraph (1) to a mortgagee mortgage pursuant to this paragraph, the ‘‘(E) convicted of, or who has pled guilty or shall be made in the sole discretion of the Secretary may provide insurance under this nolo contendre to, a felony related to par- Secretary and on terms and conditions ac- title for the mortgage. The Secretary may ticipation in the real estate or mortgage ceptable to the Secretary, except that— subsequently— loan industry— ‘‘(A) the amount of the payment shall be in ‘‘(i) re-assign the mortgage to the mort- ‘‘(i) during the 7-year period preceding the an amount determined by the Secretary, not gagee under terms and conditions as are date of the application for licensing and reg- to exceed an amount equivalent to 30 percent agreed to by the mortgagee and the Sec- istration; or of the unpaid principal balance of the mort- retary; ‘‘(ii) at any time preceding such date of ap- gage and any costs that are approved by the ‘‘(ii) act as a Government National Mort- plication, if such felony involved an act of Secretary; gage Association issuer, or contract with an ‘‘(B) the amount of the partial claim pay- fraud, dishonesty, or a breach of trust, or entity for such purpose, in order to pool the ment shall first be applied to any arrearage money laundering; mortgage into a Government National Mort- on the mortgage, and may also be applied to ‘‘(F) in violation of provisions of the gage Association security; or achieve principal reduction; S.A.F.E. Mortgage Licensing Act of 2008 (12 ‘‘(iii) re-sell the mortgage in accordance ‘‘(C) the mortgagor shall agree to repay U.S.C. 5101 et seq.) or any applicable provi- with any program that has been established the amount of the insurance claim to the sion of State law; or for purchase by the Federal Government of Secretary upon terms and conditions accept- ‘‘(G) in violation of any other requirement mortgages insured under this title, and the able to the Secretary; as established by the Secretary. Secretary may coordinate standards for in- ‘‘(D) the Secretary may permit compensa- ‘‘(3) RULEMAKING AND IMPLEMENTATION.— terest rate reductions available for loan tion to the mortgagee for lost income on The Secretary shall conduct a rulemaking to modification with interest rates established carry out this subsection. The Secretary monthly payments, due to a reduction in the interest rate charged on the mortgage; for such purchase. shall implement this subsection not later ‘‘(D) LOAN SERVICING.—In carrying out this than the expiration of the 60-day period be- ‘‘(E) expenses related to the partial claim or modification may not be charged to the paragraph, the Secretary may require the ex- ginning upon the date of the enactment of isting servicer of a mortgage assigned to the this subsection by notice, mortgagee letter, borrower; ‘‘(F) loans may be modified to extend the Secretary to continue servicing the mort- or interim final regulations, which shall gage as an agent of the Secretary during the take effect upon issuance.’’; and term of the mortgage to a maximum of 40 years from the date of the modification; and period that the Secretary acquires and holds (3) by adding at the end the following new the mortgage for the purpose of modifying subsection: ‘‘(G) the Secretary may permit incentive payments to the mortgagee, on the bor- the terms of the mortgage, provided that the ‘‘(h) USE OF NAME.—The Secretary shall, Secretary compensates the existing servicer by regulation, require each mortgagee ap- rower’s behalf, based on successful perform- ance of a modified mortgage, which shall be appropriately, as such compensation is de- proved by the Secretary for participation in termined by the Secretary consistent, to the the FHA mortgage insurance programs of used to reduce the amount of principal in- maximum extent possible, with section the Secretary— debtedness. 203(b). If the mortgage is resold pursuant to ‘‘(1) to use the business name of the mort- ‘‘(3) PAYMENTS IN CONNECTION WITH CERTAIN subparagraph (C)(iii), the Secretary may pro- gagee that is registered with the Secretary ACTIVITIES.—The Secretary may pay the vide for the existing servicer to continue to in connection with such approval in all ad- mortgagee, from the appropriate insurance service the mortgage or may engage another vertisements and promotional materials, as fund, in connection with any activities that entity to service the mortgage.’’. such terms are defined by the Secretary, re- the mortgagee is required to undertake con- (4) IMPLEMENTATION.—The Secretary of lating to the business of such mortgagee in cerning repayment by the mortgagor of the Housing and Urban Development may imple- such mortgage insurance programs; and amount owed to the Secretary.’’. ment the amendments made by this sub- ‘‘(2) to maintain copies of all such adver- (3) ASSIGNMENT.—Section 230(c) of the Na- section through notice or mortgagee letter. tisements and promotional materials, in tional Housing Act (12 U.S.C. 1715u(c)) is (e) CHANGE OF STATUS.—The National such form and for such period as the Sec- amended— Housing Act is amended by striking section retary requires.’’. (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; 532 (12 U.S.C. 1735f–10) and inserting the fol- (c) PAYMENT FOR LOSS MITIGATION.—Sec- (B) by redesignating paragraphs (1), (2), tion 204(a)(2) of the National Housing Act (12 and (3) as subparagraphs (A), (B), and (C), re- lowing new section: U.S.C. 1710(a)(2)) is amended— spectively; ‘‘SEC. 532. CHANGE OF MORTGAGEE STATUS. (1) by inserting ‘‘or faces imminent de- (C) in paragraph (1)(B) (as so redesig- ‘‘(a) NOTIFICATION.—Upon the occurrence of fault, as defined by the Secretary’’ after ‘‘de- nated)— any action described in subsection (b), an ap- fault’’; (i) by redesignating subparagraphs (A), (B), proved mortgagee shall immediately submit (2) by inserting ‘‘support for borrower and (C) as clauses (i), (ii), and (iii), respec- to the Secretary, in writing, notification of housing counseling, partial claims, borrower tively; such occurrence. incentives, preforeclosure sale,’’ after ‘‘loan (ii) in the matter preceding clause (i) (as so ‘‘(b) ACTIONS.—The actions described in modification,’’; and redesignated), by striking ‘‘under a program this subsection are as follows: (3) by striking ‘‘204(a)(1)(A)’’ and inserting under this subsection’’ and inserting ‘‘under ‘‘(1) The debarment, suspension or a Lim- ‘‘subsection (a)(1)(A) or section 230(c)’’. this paragraph’’; and ited Denial of Participation (LDP), or appli- (d) PAYMENT OF FHA MORTGAGE INSURANCE (iii) in clause (i) (as so redesignated), by in- cation of other sanctions, other exclusions, BENEFITS.— serting ‘‘or facing imminent default, as de- fines, or penalties applied to the mortgagee (1) ADDITIONAL LOSS MITIGATION ACTIONS.— fined by the Secretary’’ after ‘‘default’’; or to any officer, partner, director, principal, Section 230(a) of the National Housing Act (D) in paragraph (1)(C) (as so redesignated), manager, supervisor, loan processor, loan un- (12 U.S.C. 1715u(a)) is amended— by striking ‘‘under a program under this sub- derwriter, or loan originator of the mort- (A) by inserting ‘‘or imminent default, as section’’ and inserting ‘‘under this para- gagee pursuant to applicable provisions of defined by the Secretary’’ after ‘‘default’’; graph’’; and State or Federal law. (B) by striking ‘‘loss’’ and inserting (E) by adding at the end the following: ‘‘(2) The revocation of a State-issued mort- ‘‘loan’’; ‘‘(2) ASSIGNMENT AND LOAN MODIFICATION.— gage loan originator license issued pursuant (C) by inserting ‘‘preforeclosure sale, sup- ‘‘(A) AUTHORITY.—The Secretary may en- to the S.A.F.E. Mortgage Licensing Act of port for borrower housing counseling, subor- courage loan modifications for eligible delin- 2008 (12 U.S.C. 5101 et seq.) or any other simi- dinate lien resolution, borrower incentives,’’ quent mortgages or mortgages facing immi- lar declaration of ineligibility pursuant to after ‘‘loan modification,’’; nent default, as defined by the Secretary, State law.’’.

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(f) CIVIL MONEY PENALTIES.—Section 536 of SEC. 204. ENHANCEMENT OF LIQUIDITY AND STA- ‘‘(1) If, in the judgment of the Board, a the National Housing Act (12 U.S.C. 1735f–14) BILITY OF INSURED DEPOSITORY IN- loan to the insurance fund, or to the sta- STITUTIONS TO ENSURE AVAIL- is amended— bilization fund described in section 217 of ABILITY OF CREDIT AND REDUC- this title, is required at any time for pur- (1) in subsection (b)— TION OF FORECLOSURES. poses of this subchapter, the Secretary of the (A) in paragraph (1)— (a) TEMPORARY INCREASE IN DEPOSIT INSUR- Treasury shall make the loan, but loans (i) in the matter preceding subparagraph ANCE EXTENDED.—Section 136 of the Emer- (A), by inserting ‘‘or any of its owners, offi- gency Economic Stabilization Act of 2008 (12 under this paragraph shall not exceed in the cers, or directors’’ after ‘‘mortgagee or lend- U.S.C. 5241) is amended— aggregate $6,000,000,000 outstanding at any er’’; (1) in subsection (a)— one time. Except as otherwise provided in (ii) in subparagraph (H), by striking ‘‘title (A) in paragraph (1), by striking ‘‘Decem- this subsection, section 217, and in sub- I’’ and all that follows through ‘‘under this ber 31, 2009’’ and inserting ‘‘December 31, section (e) of this section, each loan under Act.’’ and inserting ‘‘title I or II of this Act, 2013’’; this paragraph shall be made on such terms or any implementing regulation, handbook, (B) by striking paragraph (2); as may be fixed by agreement between the or mortgagee letter that is issued under this (C) by redesignating paragraph (3) as para- Board and the Secretary of the Treasury.’’. Act.’’; and graph (2); and (3) TEMPORARY INCREASES OF BORROWING (iii) by inserting after subparagraph (J) the (D) in paragraph (2), as so redesignated, by AUTHORITY FOR NCUA.—Section 203(d) of the following: striking ‘‘December 31, 2009’’ and inserting Federal Credit Union Act (12 U.S.C. 1783(d)) ‘‘(K) Violation of section 202(d) of this Act ‘‘December 31, 2013’’; and is amended by adding at the end the fol- (12 U.S.C. 1708(d)). (2) in subsection (b)— lowing: ‘‘(L) Use of ‘Federal Housing Administra- (A) in paragraph (1), by striking ‘‘Decem- ‘‘(4) TEMPORARY INCREASES AUTHORIZED.— tion’, ‘Department of Housing and Urban De- ber 31, 2009’’ and inserting ‘‘December 31, ‘‘(A) RECOMMENDATIONS FOR INCREASE.— velopment’, ‘Government National Mortgage 2013’’; During the period beginning on the date of Association’, ‘Ginnie Mae’, the acronyms (B) by striking paragraph (2); enactment of this paragraph and ending on ‘HUD’, ‘FHA’, or ‘GNMA’, or any official seal (C) by redesignating paragraph (3) as para- December 31, 2010, if, upon the written rec- or logo of the Department of Housing and graph (2); and ommendation of the Board (upon a vote of Urban Development, except as authorized by (D) in paragraph (2), as so redesignated, by not less than two-thirds of the members of the Secretary.’’; striking ‘‘December 31, 2009’’ and inserting the Board) and the Board of Governors of the (B) in paragraph (2)— ‘‘December 31, 2013’’; and Federal Reserve System (upon a vote of not (i) in subparagraph (B), by striking ‘‘or’’ at (b) EXTENSION OF RESTORATION PLAN PE- less than two-thirds of the members of such the end; RIOD.—Section 7(b)(3)(E)(ii) of the Federal Board), the Secretary of the Treasury (in (ii) in subparagraph (C), by striking the pe- Deposit Insurance Act (12 U.S.C. consultation with the President) determines riod at the end and inserting ‘‘; or’’; and 1817(b)(3)(E)(ii)) is amended by striking ‘‘5- that additional amounts above the (iii) by adding at the end the following new year period’’ and inserting ‘‘8-year period’’. $6,000,000,000 amount specified in paragraph subparagraph: (c) FDIC AND NCUA BORROWING AUTHOR- (1) are necessary, such amount shall be in- ‘‘(D) causing or participating in any of the ITY.— creased to the amount so determined to be violations set forth in paragraph (1) of this (1) FDIC.—Section 14(a) of the Federal De- necessary, not to exceed $30,000,000,000. subsection.’’; and posit Insurance Act (12 U.S.C. 1824(a)) is ‘‘(B) REPORT REQUIRED.—If the borrowing (C) by amending paragraph (3) to read as amended— authority of the Board is increased above follows: (A) by striking ‘‘$30,000,000,000’’ and insert- $6,000,000,000 pursuant to subparagraph (A), ‘‘(3) PROHIBITION AGAINST MISLEADING USE ing ‘‘$100,000,000,000’’; the Board shall promptly submit a report to OF FEDERAL ENTITY DESIGNATION.—The Sec- (B) by striking ‘‘The Corporation is au- the Committee on Banking, Housing, and retary may impose a civil money penalty, as thorized’’ and inserting the following: Urban Affairs of the Senate and the Com- adjusted from time to time, under subsection ‘‘(1) IN GENERAL.—The Corporation is au- mittee on Financial Services of the House of (a) for any use of ‘Federal Housing Adminis- thorized’’; Representatives describing the reasons and tration’, ‘Department of Housing and Urban (C) by striking ‘‘There are hereby’’ and in- need for the additional borrowing authority Development’, ‘Government National Mort- serting the following: and its intended uses.’’. gage Association’, ‘Ginnie Mae’, the acro- ‘‘(2) FUNDING.—There are hereby’’; and (d) EXPANDING SYSTEMIC RISK SPECIAL AS- nyms ‘HUD’, ‘FHA’, or ‘GNMA’, or any offi- (D) by adding at the end the following: SESSMENTS.—Section 13(c)(4)(G)(ii) of the cial seal or logo of the Department of Hous- ‘‘(3) TEMPORARY INCREASES AUTHORIZED.— Federal Deposit Insurance Act (12 U.S.C. ing and Urban Development, by any person, ‘‘(A) RECOMMENDATIONS FOR INCREASE.— 1823(c)(4)(G)(ii)) is amended to read as fol- party, company, firm, partnership, or busi- During the period beginning on the date of lows: ness, including sellers of real estate, closing enactment of this paragraph and ending on ‘‘(ii) REPAYMENT OF LOSS.— agents, title companies, real estate agents, December 31, 2010, if, upon the written rec- ‘‘(I) IN GENERAL.—The Corporation shall re- mortgage brokers, appraisers, loan cor- ommendation of the Board of Directors cover the loss to the Deposit Insurance Fund respondents, and dealers, except as author- (upon a vote of not less than two-thirds of arising from any action taken or assistance ized by the Secretary.’’; and the members of the Board of Directors) and provided with respect to an insured deposi- (2) in subsection (g), by striking ‘‘The the Board of Governors of the Federal Re- tory institution under clause (i) from 1 or term’’ and all that follows through the end serve System (upon a vote of not less than more special assessments on insured deposi- of the sentence and inserting ‘‘For purposes two-thirds of the members of such Board), tory institutions, depository institution of this section, a person acts knowingly the Secretary of the Treasury (in consulta- holding companies (with the concurrence of when a person has actual knowledge of acts tion with the President) determines that ad- the Secretary of the Treasury with respect or should have known of the acts.’’. ditional amounts above the $100,000,000,000 to holding companies), or both, as the Cor- amount specified in paragraph (1) are nec- poration determines to be appropriate. (g) EXPANDED REVIEW OF FHA MORTGAGEE essary, such amount shall be increased to ‘‘(II) TREATMENT OF DEPOSITORY INSTITU- APPLICANTS AND NEWLY APPROVED MORTGA- the amount so determined to be necessary, TION HOLDING COMPANIES.—For purposes of GEES.—Not later than the expiration of the 3- not to exceed $500,000,000,000. this clause, sections 7(c)(2) and 18(h) shall month period beginning upon the date of the ‘‘(B) REPORT REQUIRED.—If the borrowing apply to depository institution holding com- enactment of this Act, the Secretary of authority of the Corporation is increased panies as if they were insured depository in- Housing and Urban Development shall— above $100,000,000,000 pursuant to subpara- stitutions. (1) expand the existing process for review- graph (A), the Corporation shall promptly ‘‘(III) REGULATIONS.—The Corporation shall ing new applicants for approval for partici- submit a report to the Committee on Bank- prescribe such regulations as it deems nec- pation in the mortgage insurance programs ing, Housing, and Urban Affairs of the Sen- essary to implement this clause. In pre- of the Secretary for mortgages on 1- to 4- ate and the Committee on Financial Services scribing such regulations, defining terms, family residences for the purpose of identi- of the House of Representatives describing and setting the appropriate assessment rate fying applicants who represent a high risk to the reasons and need for the additional bor- or rates, the Corporation shall establish the Mutual Mortgage Insurance Fund; and rowing authority and its intended uses. rates sufficient to cover the losses incurred (2) implement procedures that, for mortga- ‘‘(C) RESTRICTION ON USAGE.—The Corpora- as a result of the actions of the Corporation gees approved during the 12-month period tion may not borrow pursuant to subpara- under clause (i) and shall consider: the types ending upon such date of enactment— graph (A) to fund obligations of the Corpora- of entities that benefit from any action (A) expand the number of mortgages origi- tion incurred as a part of a program estab- taken or assistance provided under this sub- nated by such mortgagees that are reviewed lished by the Secretary of the Treasury pur- paragraph; economic conditions, the effects for compliance with applicable laws, regula- suant to the Emergency Economic Stabiliza- on the industry, and such other factors as tions, and policies; and tion Act of 2008 to purchase or guarantee as- the Corporation deems appropriate and rel- (B) include a process for random reviews of sets.’’. evant to the action taken or the assistance such mortgagees and a process for reviews (2) NCUA.—Section 203(d)(1) of the Federal provided. Any funds so collected that exceed that is based on volume of mortgages origi- Credit Union Act (12 U.S.C. 1783(d)(1)) is actual losses shall be placed in the Deposit nated by such mortgagees. amended to read as follows: Insurance Fund.’’.

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(e) ESTABLISHMENT OF A NATIONAL CREDIT ‘‘(2) REPAYMENT OF ADVANCES.— vances from the Treasury to meet corporate UNION SHARE INSURANCE FUND RESTORATION ‘‘(A) IN GENERAL.—The advances made stabilization costs with full repayment of PLAN PERIOD.—Section 202(c)(2) of the Fed- under this section shall be repaid by the Sta- borrowings to Treasury at the Board’s dis- eral Credit Union Act (12 U.S.C. 1782(c)(2)) is bilization Fund, and interest on such ad- cretion not due until 7 years from the initial amended by adding at the end the following vance shall be paid, to the General fund of advance, to the extent operating expenses of new subparagraph: the Treasury. the Fund exceed income, the financial condi- ‘‘(D) FUND RESTORATION PLANS.— ‘‘(B) VARIABLE RATE OF INTEREST.—The tion of the Fund may reflect a deficit. With ‘‘(i) IN GENERAL.—Whenever— Secretary of the Treasury shall make the planned and required future repayments, the ‘‘(I) the Board projects that the equity first rate determination at the time of the Board shall resolve all deficits prior to ter- ratio of the Fund will, within 6 months of first advance under this section and shall mination of the Fund. such determination, fall below the minimum reset the rate again for all advances on each ‘‘(h) CLOSING OF STABILIZATION FUND.— amount specified in subparagraph (C); or anniversary of the first advance. The inter- Within 90 days following the seventh anni- ‘‘(II) the equity ratio of the Fund actually est rate shall be equal to the average market versary of the initial Stabilization Fund ad- falls below the minimum amount specified in yield on outstanding marketable obligations vance, or earlier at the Board’s discretion, subparagraph (C) without any determination of the United States with remaining periods the Board shall distribute any funds, prop- under sub-clause (I) having been made, to maturity equal to 12 months. erty, or other assets remaining in the Sta- the Board shall establish and implement a ‘‘(3) REPAYMENT SCHEDULE.—The Stabiliza- bilization Fund to the Insurance Fund and restoration plan within 90 days that meets tion Fund shall repay the advances on a shall close the Stabilization Fund. If the the requirements of clause (ii) and such first-in, first-out basis, with interest on the Board extends the final repayment date as other conditions as the Board determines to amount repaid, at times and dates deter- permitted under subsection (c)(3), the man- be appropriate. mined by the Board at its discretion. All ad- datory date for closing the Stabilization ‘‘(ii) REQUIREMENTS OF RESTORATION vances shall be repaid not later than the Fund shall be extended by the same number PLAN.—A restoration plan meets the require- date of the seventh anniversary of the first of days.’’. ments of this clause if the plan provides that advance to the Stabilization Fund, unless (2) CONFORMING AMENDMENT.—Section the equity ratio of the Fund will meet or ex- the Board extends this final repayment date. 202(c)(3)(A) of the Federal Credit Union Act ceed the minimum amount specified in sub- The Board shall obtain the concurrence of (12 U.S.C. 1782(c)(3)(A)) is amended by insert- paragraph (C) before the end of the 8-year pe- the Secretary of the Treasury on any pro- ing ‘‘, subject to the requirements of section riod beginning upon the implementation of posed extension, including the terms and 217(e),’’ after ‘‘The Board shall’’. the plan (or such longer period as the Board conditions of the extended repayment. SEC. 205. APPLICATION OF GSE CONFORMING may determine to be necessary due to ex- ‘‘(d) ASSESSMENT TO REPAY ADVANCES.—At LOAN LIMIT TO MORTGAGES AS- traordinary circumstances). least 90 days prior to each repayment de- SISTED WITH TARP FUNDS. ‘‘(iii) TRANSPARENCY.—Not more than 30 scribed in subsection (c)(3), the Board shall In making any assistance available to pre- days after the Board establishes and imple- set the amount of the upcoming repayment vent and mitigate foreclosures on residential ments a restoration plan under clause (i), the and determine if the Stabilization Fund will properties, including any assistance for Board shall publish in the Federal Register a have sufficient funds to make the repay- mortgage modifications, using any amounts detailed analysis of the factors considered ment. If the Stabilization Fund might not made available to the Secretary of the and the basis for the actions taken with re- have sufficient funds to make the repay- Treasury under title I of the Emergency Eco- gard to the plan.’’. ment, the Board shall assess each federally nomic Stabilization Act of 2008, the Sec- (f) TEMPORARY CORPORATE CREDIT UNION insured credit union a special premium due retary shall provide that the limitation on STABILIZATION FUND.— and payable within 60 days in an aggregate the maximum original principal obligation (1) ESTABLISHMENT OF STABILIZATION amount calculated to ensure the Stabiliza- of a mortgage that may be modified, refi- FUND.—Title II of the Federal Credit Union tion Fund is able to make the repayment. nanced, made, guaranteed, insured, or other- Act (12 U.S.C. 1781 et seq.) is amended by The premium charge for each credit union wise assisted, using such amounts shall not adding at the end the following new section: shall be stated as a percentage of its insured be less than the dollar amount limitation on ‘‘SEC. 217. TEMPORARY CORPORATE CREDIT shares as represented on the credit union’s the maximum original principal obligation UNION STABILIZATION FUND. previous call report. The percentage shall be of a mortgage that may be purchased by the ‘‘(a) ESTABLISHMENT OF STABILIZATION identical for each credit union. Any credit Federal Home Loan Mortgage Corporation FUND.—There is hereby created in the Treas- union that fails to make timely payment of that is in effect, at the time that the mort- ury of the United States a fund to be known the special premium is subject to the proce- gage is modified, refinanced, made, guaran- as the ‘Temporary Corporate Credit Union dures and penalties described under sub- teed, insured, or otherwise assisted using Stabilization Fund.’ The Board will admin- sections (d), (e), and (f) of section 202. such amounts, for the area in which the ister the Stabilization Fund as prescribed by ‘‘(e) DISTRIBUTIONS FROM INSURANCE property involved in the transaction is lo- section 209. FUND.—At the end of any calendar year in cated. ‘‘(b) EXPENDITURES FROM STABILIZATION which the Stabilization Fund has an out- SEC. 206. MORTGAGES ON CERTAIN HOMES ON FUND.—Money in the Stabilization Fund standing advance from the Treasury, the In- LEASED LAND. shall be available upon requisition by the surance Fund is prohibited from making the Section 255(b)(4) of the National Housing Board, without fiscal year limitation, for distribution to insured credit unions de- Act (12 U.S.C. 1715z–20(b)(4)) is amended by making payments for the purposes described scribed in section 202(c)(3). In lieu of the dis- striking subparagraph (B) and inserting: in section 203(a), subject to the following ad- tribution described in that section, the In- ‘‘(B) under a lease that has a term that ditional limitations: surance Fund shall make a distribution to ends no earlier than the minimum number of ‘‘(1) All payments other than administra- the Stabilization Fund of the maximum years, as specified by the Secretary, beyond tive payments shall be connected to the con- amount possible that does not reduce the In- the actuarial life expectancy of the mort- servatorship, liquidation, or threatened con- surance Fund’s equity ratio below the nor- gagor or comortgagor, whichever is the later servatorship or liquidation, of a corporate mal operating level and does not reduce the date.’’. credit union. Insurance Fund’s available assets ratio ‘‘(2) Prior to authorizing each payment the below 1.0 percent. SEC. 207. SENSE OF CONGRESS REGARDING Board shall— ‘‘(f) INVESTMENT OF STABILIZATION FUND MORTGAGE REVENUE BOND PUR- CHASES. ‘‘(A) certify that, absent the existence of ASSETS.—The Board may request the Sec- the Stabilization Fund, the Board would retary of the Treasury to invest such portion It is the sense of the Congress that the have made the identical payment out of the of the Stabilization Fund as is not, in the Secretary of the Treasury should use National Credit Union Share Insurance Fund Board’s judgment, required to meet the cur- amounts made available in this Act to pur- (Insurance Fund); and rent needs of the Stabilization Fund. Such chase mortgage revenue bonds for single- ‘‘(B) report each such certification to the investments shall be made by the Secretary family housing issued through State housing Committee on Banking, Housing, and Urban of the Treasury in public debt securities, finance agencies and through units of local Affairs of the Senate and the Committee on with maturities suitable to the needs of the government and agencies thereof. Financial Services of the House of Rep- Stabilization Fund, as determined by the TITLE III—MORTGAGE FRAUD TASK resentatives. Board, and bearing interest at a rate deter- FORCE ‘‘(c) AUTHORITY TO BORROW.— mined by the Secretary of the Treasury, tak- SEC. 301. SENSE OF CONGRESS ON ESTABLISH- ‘‘(1) IN GENERAL.—The Stabilization Fund ing into consideration current market yields MENT OF A NATIONWIDE MORTGAGE is authorized to borrow from the Secretary on outstanding marketable obligations of FRAUD TASK FORCE. of the Treasury from time-to-time as deemed the United States of comparable maturity. (a) IN GENERAL.—It is the sense of the Con- necessary by the Board. The maximum out- ‘‘(g) REPORTS.—The Board shall submit an gress that the Department of Justice estab- standing amount of all borrowings from the annual report to Congress on the financial lish a Nationwide Mortgage Fraud Task Treasury by the Stabilization Fund and the condition and the results of the operation of Force (hereinafter referred to in this section National Credit Union Share Insurance the Stabilization Fund. The report is due to as the ‘‘Task Force’’) to address mortgage Fund, combined, is limited to the amount Congress within 30 days after each anniver- fraud in the United States. provided for in section 203(d)(1), including sary of the first advance made under sub- (b) SUPPORT.—If the Department of Justice any authorized increases in that amount. section (c)(1). Because the Fund will use ad- establishes the Task Force referred to in

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subsection (a), it is the sense of the Congress (c) FHA-REGULATED LOAN MODIFICATION (G) require strict investor screening proce- that the Attorney General should provide AGREEMENTS.—If a mortgage holder, institu- dures for public-private investment funds; the Task Force with the appropriate staff, tion, or mortgage servicer to which sub- and administrative support, and other resources section (a) applies reaches a loan modifica- (H) require each manager of a public-pri- necessary to carry out the duties of the Task tion agreement with a homeowner under the vate fund to identify for the Secretary, on a Force. auspices of the Federal Housing Administra- periodic basis, each investor that, individ- (c) MANDATORY FUNCTIONS.—If the Depart- tion before any plan referred to in such sub- ually or together with affiliates, directly or ment of Justice establishes the Task Force section takes effect, subsection (a) shall indirectly, holds equity interests equal to at referred to in subsection (a), it is the sense of cease to apply to such institution as of the least 10 percent of the equity interest of the the Congress that the Attorney General effective date of the loan modification agree- fund including if such interests are held in a should— ment. vehicle formed for the purpose of directly or (1) establish coordinating entities, and so- (d) DUTY OF CONSUMER TO MAINTAIN PROP- indirectly investing in the fund. licit the voluntary participation of Federal, ERTY.—Any homeowner for whose benefit (2) INTERACTION BETWEEN PUBLIC-PRIVATE State, and local law enforcement and pros- any foreclosure proceeding or sale is barred INVESTMENT FUNDS AND THE TERM-ASSET ecutorial agencies in such entities, to orga- under subsection (a) from being instituted, BACKED SECURITIES LOAN FACILITY.—The Sec- nize initiatives to address mortgage fraud, continued , or consummated with respect to retary shall consult with the Special Inspec- including initiatives to enforce State mort- any homeowner mortgage should not, with tor General and shall issue regulations gov- respect to any property securing such mort- gage fraud laws and other related Federal erning the interaction of the Public-Private gage, destroy, damage, or impair such prop- and State laws; Investment Program, the Term-Asset erty, allow the property to deteriorate, or (2) provide training to Federal, State, and Backed Securities Loan Facility, and other commit waste on the property. local law enforcement and prosecutorial similar public-private investment programs. (e) DUTY OF CONSUMER TO RESPOND TO REA- Such regulations shall address concerns re- agencies with respect to mortgage fraud, in- SONABLE INQUIRIES.—Any homeowner for garding the potential for excessive leverage cluding related Federal and State laws; whose benefit any foreclosure proceeding or that could result from interactions between (3) collect and disseminate data with re- sale is barred under subsection (a) from spect to mortgage fraud, including Federal, being instituted, continued, or consummated such programs. State, and local data relating to mortgage with respect to any homeowner mortgage (3) REPORT.—Not later than 60 days after fraud investigations and prosecutions; and should respond to reasonable inquiries from the date of the establishment of a program (4) perform other functions determined by a creditor or servicer during the period dur- described in paragraph (1), the Special In- the Attorney General to enhance the detec- ing which such foreclosure proceeding or sale spector General shall submit a report to Con- tion of, prevention of, and response to mort- is barred. gress on the implementation of this section. (c) ADDITIONAL APPROPRIATIONS FOR THE gage fraud in the United States. SEC. 402. PUBLIC-PRIVATE INVESTMENT PRO- (d) OPTIONAL FUNCTIONS.—If the Depart- GRAM; ADDITIONAL APPROPRIA- SPECIAL INSPECTOR GENERAL.— ment of Justice establishes the Task Force TIONS FOR THE SPECIAL INSPEC- (1) IN GENERAL.—Of amounts made avail- referred to in subsection (a), it is the sense of TOR GENERAL FOR THE TROUBLED able under section 115(a) of the Emergency the Congress that the Task Force should— ASSET RELIEF PROGRAM. Economic Stabilization Act of 2008 (Public (1) initiate and coordinate Federal mort- (a) SHORT TITLE.—This section may be Law 110–343), $15,000,000 shall be made avail- gage fraud investigations and, through the cited as the ‘‘Public-Private Investment Pro- able to the Special Inspector General, which coordinating entities described under sub- gram Improvement and Oversight Act of shall be in addition to amounts otherwise section (c), State and local mortgage fraud 2009’’. made available to the Special Inspector Gen- (b) PUBLIC-PRIVATE INVESTMENT PRO- investigations; eral. GRAM.— (2) establish a toll-free hotline for— (2) PRIORITIES.—In utilizing funds made (1) IN GENERAL.—Any program established (A) reporting mortgage fraud; available under this section, the Special In- by the Federal Government to create a pub- (B) providing the public with access to in- spector General shall prioritize the perform- lic-private investment fund shall— formation and resources with respect to ance of audits or investigations of recipients (A) in consultation with the Special In- mortgage fraud; and of non-recourse Federal loans made under spector General of the Trouble Asset Relief ‘‘any program that is funded in whole or in (C) directing reports of mortgage fraud to Program (in this section referred to as the the appropriate Federal, State, and local law part by funds appropriated under the Emer- ‘‘Special Inspector General’’), impose strict gency Economic Stabilization Act of 2008,’’ enforcement and prosecutorial agency, in- conflict of interest rules on managers of pub- cluding to the appropriate branch of the to the extent that such priority is consistent lic-private investment funds to ensure that with other aspects of the mission of the Spe- Task Force established under subsection (d); securities bought by the funds are purchased (3) create a database with respect to sus- cial Inspector General. Such audits or inves- in arms-length transactions, that fiduciary tigations shall determine the existence of pensions and revocations of mortgage indus- duties to public and private investors in the any collusion between the loan recipient and try licenses and certifications to facilitate fund are not violated, and that there is full the seller or originator of the asset used as the sharing of such information by States; disclosure of relevant facts and financial in- loan collateral, or any other conflict of in- (4) make recommendations with respect to terests (which conflict of interest rules shall terest that may have led the loan recipient the need for and resources available to pro- be implemented by the manager of a public- to deliberately overstate the value of the vide the equipment and training necessary private investment fund prior to such fund for the Task Force to combat mortgage asset used as loan collateral. receiving Federal Government financing); (d) RULE OF CONSTRUCTION.—Notwith- fraud; and (B) require each public-private investment (5) propose legislation to Federal, State, standing any other provision of law, nothing fund to make a quarterly report to the Sec- in this section shall be construed to apply to and local legislative bodies with respect to retary of the Treasury (in this section re- the elimination and prevention of mortgage any activity of the Federal Deposit Insur- ferred to as the ‘‘Secretary’’) that discloses ance Corporation in connection with insured fraud, including measures to address mort- the 10 largest positions of such fund (which gage loan procedures and property appraiser depository institutions, as described in sec- reports shall be publicly disclosed at such tion 13(c)(2)(B) of the Federal Deposit Insur- practices that provide opportunities for time as the Secretary of the Treasury deter- mortgage fraud. ance Act. mines that such disclosure will not harm the (e) DEFINITION.—In this section, the term TITLE IV—FORECLOSURE MORATORIUM ongoing business operations of the fund); ‘‘public-private investment fund’’ means a fi- PROVISIONS (C) allow the Special Inspector General ac- nancial vehicle that is— SEC. 401. SENSE OF THE CONGRESS ON FORE- cess to all books and records of a public-pri- (1) established by the Federal Government CLOSURES. vate investment fund, including all records to purchase pools of loans, securities, or as- (a) IN GENERAL.—It is the sense of the Con- of financial transactions in machine read- sets from a financial institution described in gress that mortgage holders, institutions, able form, and the confidentiality of all such section 101(a)(1) of the Emergency Economic and mortgage servicers should not initiate a information shall be maintained by the Spe- Stabilization Act of 2008 (12 U.S.C. 5211(a)(1)); foreclosure proceeding or a foreclosure sale cial Inspector General; and on any homeowner until the foreclosure (D) require each manager of a public-pri- (2) funded by a combination of cash or eq- mitigation provisions, like the Hope for vate investment fund to retain all books, uity from private investors and funds pro- Homeowners program, as required under documents, and records relating to such pub- vided by the Secretary of the Treasury or title II, and the President’s ‘‘Homeowner Af- lic-private investment fund, including elec- funds appropriated under the Emergency fordability and Stability Plan’’ have been tronic messages; Economic Stabilization Act of 2008. implemented and determined to be oper- (E) require each manager of a public-pri- (f) OFFSET OF COSTS OF PROGRAM ational by the Secretary of Housing and vate investment fund to acknowledge, in CHANGES.—Notwithstanding the amendment Urban Development and the Secretary of the writing, a fiduciary duty to both the public made by section 202(b) of this Act, paragraph Treasury. and private investors in such fund; (3) of section 115(a) of the Emergency Eco- (b) SCOPE OF MORATORIUM.—The fore- (F) require each manager of a public-pri- nomic Stabilization Act of 2008 (12 U.S.C. closure moratorium referred to in subsection vate investment fund to develop a robust 5225) is amended by inserting ‘‘, as such (a) should apply only for first mortgages se- ethics policy that includes methods to en- amount is reduced by $1,259,000,000,’’ after cured by the owner’s principal dwelling. sure compliance with such policy; ‘‘$700,000,000,000’’.

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(g) REGULATIONS.—The Secretary of the (C) by adding at the end the following: TITLE VII—PROTECTING TENANTS AT Treasury may prescribe such regulations or ‘‘(v) public accountability for the exercise FORECLOSURE ACT other guidance as may be necessary or ap- of such authority, including with respect to propriate to define terms or carry out the actions taken by those entities participating SEC. 701. SHORT TITLE. authorities or purposes of this section. in programs established under this Act.’’; This title may be cited as the ‘‘Protecting SEC. 403. REMOVAL OF REQUIREMENT TO LIQ- and Tenants at Foreclosure Act of 2009’’. UIDATE WARRANTS UNDER THE (2) in subsection (a)(2)— TARP. SEC. 702. EFFECT OF FORECLOSURE ON PRE- Section 111(g) of the Emergency Economic (A) by redesignating subparagraph (C) as EXISTING TENANCY. Stabilization Act of 2008 (12 U.S.C. 5221(g)) is subparagraph (F); and (a) IN GENERAL.—In the case of any fore- amended by striking ‘‘shall liquidate war- (B) by striking subparagraphs (A) and (B) closure on a federally-related mortgage loan rants associated with such assistance at the and inserting the following: or on any dwelling or residential real prop- current market price’’ and inserting ‘‘, at ‘‘(A) DEFINITION.—In this paragraph, the the market price, may liquidate warrants as- term ‘governmental unit’ has the meaning erty after the date of enactment of this title, any immediate successor in interest in such sociated with such assistance’’. given under section 101(27) of title 11, United property pursuant to the foreclosure shall SEC. 404. NOTIFICATION OF SALE OR TRANSFER States Code, and does not include any in- assume such interest subject to— OF MORTGAGE LOANS. sured depository institution as defined under (1) the provision, by such successor in in- (a) IN GENERAL.—Section 131 of the Truth section 3 of the Federal Deposit Insurance terest of a notice to vacate to any bona fide in Lending Act (15 U.S.C. 1641) is amended by Act (12 U.S.C. 8113). adding at the end the following: tenant at least 90 days before the effective ‘‘(B) GAO PRESENCE.—The Secretary shall ‘‘(g) NOTICE OF NEW CREDITOR.— date of such notice; and provide the Comptroller General with appro- ‘‘(1) IN GENERAL.—In addition to other dis- (2) the rights of any bona fide tenant, as of closures required by this title, not later than priate space and facilities in the Department the date of such notice of foreclosure— 30 days after the date on which a mortgage of the Treasury as necessary to facilitate (A) under any bona fide lease entered into loan is sold or otherwise transferred or as- oversight of the TARP until the termination before the notice of foreclosure to occupy the signed to a third party, the creditor that is date established in section 5230 of this title. premises until the end of the remaining term the new owner or assignee of the debt shall ‘‘(C) ACCESS TO RECORDS.— of the lease, except that a successor in inter- notify the borrower in writing of such trans- ‘‘(i) IN GENERAL.—Notwithstanding any est may terminate a lease effective on the fer, including— other provision of law, and for purposes of date of sale of the unit to a purchaser who ‘‘(A) the identity, address, telephone num- reviewing the performance of the TARP, the will occupy the unit as a primary residence, ber of the new creditor; Comptroller General shall have access, upon subject to the receipt by the tenant of the 90 ‘‘(B) the date of transfer; request, to any information, data, schedules, day notice under paragraph (1); or ‘‘(C) how to reach an agent or party having books, accounts, financial records, reports, (B) without a lease or with a lease ter- authority to act on behalf of the new cred- files, electronic communications, or other minable at will under State law, subject to itor; papers, things, or property belonging to or in the receipt by the tenant of the 90 day notice ‘‘(D) the location of the place where trans- use by the TARP, any entity established by under subsection (1), fer of ownership of the debt is recorded; and the Secretary under this Act, any entity except that nothing under this section shall ‘‘(E) any other relevant information re- that is established by a Federal reserve bank affect the requirements for termination of garding the new creditor. and receives funding from the TARP, or any any Federal- or State-subsidized tenancy or ‘‘(2) DEFINITION.—As used in this sub- entity (other than a governmental unit) par- of any State or local law that provides section, the term ‘mortgage loan’ means any ticipating in a program established under longer time periods or other additional pro- consumer credit transaction that is secured the authority of this Act, and to the officers, tections for tenants. by the principal dwelling of a consumer.’’. employees, directors, independent public ac- (b) PRIVATE RIGHT OF ACTION.—Section (b) BONA FIDE LEASE OR TENANCY.—For 130(a) of the Truth in Lending Act (15 U.S.C. countants, financial advisors and any and all purposes of this section, a lease or tenancy 1640(a)) is amended by inserting ‘‘subsection other agents and representatives thereof, at shall be considered bona fide only if— (f) or (g) of section 131,’’ after ‘‘section 125,’’. such time as the Comptroller General may (1) the mortgagor ‘‘or the child, spouse, or TITLE V—FARM LOAN RESTRUCTURING request. parent of the mortgagor’’ under the contract ‘‘(ii) VERIFICATION.—The Comptroller Gen- is not the tenant; SEC. 501. CONGRESSIONAL OVERSIGHT PANEL SPECIAL REPORT. eral shall be afforded full facilities for (2) the lease or tenancy was the result of Section 125(b) of the Emergency Economic verifying transactions with the balances or an arms-length transaction; and Stabilization Act of 2008 (12 U.S.C. 5233(b)) is securities held by, among others, deposi- (3) the lease or tenancy requires the re- amended by adding at the end the following: tories, fiscal agents, and custodians. ceipt of rent that is not substantially less ‘‘(3) SPECIAL REPORT ON FARM LOAN RE- ‘‘(iii) COPIES.—The Comptroller General than fair market rent for the property ‘‘or STRUCTURING.—Not later than 60 days after may make and retain copies of such books, the unit’s rent is reduced or subsidized due the date of enactment of this paragraph, the accounts, and other records as the Comp- to a Federal, State, or local subsidy’’. Oversight Panel shall submit a special report troller General determines appropriate. (c) DEFINITION.—For purposes of this sec- on farm loan restructuring that— ‘‘(D) AGREEMENT BY ENTITIES.—Each con- tion, the term ‘‘federally-related mortgage ‘‘(A) analyzes the state of the commercial tract, term sheet, or other agreement be- loan’’ has the same meaning as in section 3 farm credit markets and the use of loan re- tween the Secretary or the TARP (or any of the Real Estate Settlement Procedures structuring as an alternative to foreclosure TARP vehicle, officer, director, employee, Act of 1974 (12 U.S.C. 2602). by recipients of financial assistance under independent public accountant, financial ad- the Troubled Asset Relief Program; and visor, or other TARP agent or representa- SEC. 703. EFFECT OF FORECLOSURE ON SECTION 8 TENANCIES. ‘‘(B) includes an examination of and rec- tive) and an entity (other than a govern- ommendation on the different methods for mental unit) participating in a program es- Section 8(o)(7) of the United States Hous- farm loan restructuring that could be used tablished under this Act shall provide for ac- ing Act of 1937 (42 U.S.C. 1437f(o)(7)) is as part of a foreclosure mitigation program cess by the Comptroller General in accord- amended— for farm loans made by recipients of finan- ance with this section. (1) by inserting before the semicolon in cial assistance under the Troubled Asset Re- ‘‘(E) RESTRICTION ON PUBLIC DISCLOSURE.— subparagraph (C) the following: ‘‘and in the lief Program, including any programs for di- ‘‘(i) IN GENERAL.—The Comptroller General case of an owner who is an immediate suc- rect loan restructuring or modification car- may not publicly disclose proprietary or cessor in interest pursuant to foreclosure ried out by the Farm Service Agency of the trade secret information obtained under this during the term of the lease vacating the Department of Agriculture, the farm credit property prior to sale shall not constitute section. system, and the Making Home Affordable other good cause, except that the owner may ‘‘(ii) EXCEPTION FOR CONGRESSIONAL COM- Program of the Department of the Treas- terminate the tenancy effective on the date MITTEES.—This subparagraph does not limit ury.’’. of transfer of the unit to the owner if the disclosures to congressional committees or TITLE VI—ENHANCED OVERSIGHT OF THE owner— TROUBLED ASSET RELIEF PROGRAM members thereof having jurisdiction over a ‘‘(i) will occupy the unit as a primary resi- private or public entity referred to under SEC. 601. ENHANCED OVERSIGHT OF THE TROU- dence; and BLED ASSET RELIEF PROGRAM. subparagraph (C). ‘‘(ii) has provided the tenant a notice to Section 116 of the Emergency Economic ‘‘(iii) RULE OF CONSTRUCTION.—Nothing in vacate at least 90 days before the effective Stabilization Act of 2008 (12 U.S.C. 5226) is this section shall be construed to alter or date of such notice.’’; and amended— amend the prohibitions against the disclo- (2) by inserting at the end of subparagraph (1) in subsection (a)(1)(A)— sure of trade secrets or other information (F) the following: ‘‘In the case of any fore- (A) in clause (iii), by striking ‘‘and’’ at the prohibited by section 1905 of title 18, United closure on any federally-related mortgage end; States Code, section 714(c) of title 31, United loan (as that term is defined in section 3 of (B) in clause (iv), by striking the period at States Code, or other applicable provisions the Real Estate Settlement Procedures Act the end and inserting ‘‘; and’’; and of law.’’. of 1974 (12 U.S.C. 2602)) or on any residential

VerDate Nov 24 2008 03:02 May 20, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A19MY7.012 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5749 real property in which a recipient of assist- under subsection (e), to the extent that the Sec. 1502. Conforming amendments. ance under this subsection resides, the im- access and request relates to that assistance; Sec. 1503. Effective date. mediate successor in interest in such prop- and Sec. 1504. Regulations. erty pursuant to the foreclosure shall as- ‘‘(iii) the officers, directors, employees, Sec. 1505. Amendment to table of contents. sume such interest subject to the lease be- independent public accountants, financial SEC. 1002. FINDINGS AND PURPOSES. tween the prior owner and the tenant and to advisors and any and all representatives of the housing assistance payments contract any entity described under clause (i) or (ii); (a) FINDINGS.—The Congress finds that— between the prior owner and the public hous- to the extent that the access and request re- (1) a lack of affordable housing and limited ing agency for the occupied unit, except that lates to that assistance; scale of housing assistance programs are the this provision and the provisions related to ‘‘(B) The Comptroller General shall have primary causes of homelessness; and foreclosure in subparagraph (C) shall not access as provided under subparagraph (A) at (2) homelessness affects all types of com- shall not affect any State or local law that such time as the Comptroller General may munities in the United States, including provides longer time periods or other addi- request. rural, urban, and suburban areas. tional protections for tenants.’’. ‘‘(C) Each contract, term sheet, or other (b) PURPOSES.—The purposes of this divi- SEC. 704. SUNSET. agreement between the Board or any Federal sion are— This title, and any amendments made by reserve bank (or any entity established by (1) to consolidate the separate homeless as- this title are repealed, and the requirements the Board or any Federal reserve bank) and sistance programs carried out under title IV under this title shall terminate, on Decem- an entity receiving assistance from any ac- of the McKinney-Vento Homeless Assistance ber 31, 2012. tion taken by the Board described under sub- Act (consisting of the supportive housing TITLE VIII—COMPTROLLER GENERAL section (e) shall provide for access by the program and related innovative programs, ADDITIONAL AUDIT AUTHORITIES Comptroller General in accordance with this the safe havens program, the section 8 assist- SEC. 801. COMPTROLLER GENERAL ADDITIONAL paragraph.’’. ance program for single-room occupancy AUDIT AUTHORITIES. (d) AUDITS OF CERTAIN ACTIONS OF THE dwellings, and the shelter plus care program) (a) BOARD OF GOVERNORS OF THE FEDERAL BOARD OF GOVERNORS OF THE FEDERAL RE- into a single program with specific eligible RESERVE SYSTEM.—Section 714 of title 31, SERVE SYSTEM.—Section 714 of title 31, activities; United States Code, is amended— United States Code, is amended by adding at (2) to codify in Federal law the continuum (1) in subsection (a), by striking ‘‘Federal the end the following: of care planning process as a required and in- Reserve Board,’’ and inserting ‘‘Board of ‘‘(e) Notwithstanding subsection (b), the tegral local function necessary to generate Governors of the Federal Reserve System (in Comptroller General may conduct audits, in- the local strategies for ending homelessness; this section referred to as the ‘Board’),’’; and cluding onsite examinations when the Comp- and (2) in subsection (b)— troller General determines such audits and (3) to establish a Federal goal of ensuring (A) in the matter preceding paragraph (1), examinations are appropriate, of any action that individuals and families who become by striking ‘‘Federal Reserve Board,’’ and in- taken by the Board under the third undesig- homeless return to permanent housing with- serting ‘‘Board’’; and nated paragraph of section 13 of the Federal in 30 days. (B) in paragraph (4), by striking ‘‘of Gov- Reserve Act (12 U.S.C. 343); with respect to a SEC. 1003. DEFINITION OF HOMELESSNESS. single and specific partnership or corpora- ernors’’. (a) IN GENERAL.—Section 103 of the McKin- (b) CONFIDENTIAL INFORMATION.—Section tion.’’. ney-Vento Homeless Assistance Act (42 714(c) of title 31, United States Code, is DIVISION B—HOMELESSNESS REFORM U.S.C. 11302) is amended— amended by striking paragraph (3) and in- SEC. 1001. SHORT TITLE; TABLE OF CONTENTS. (1) by redesignating subsections (b) and (c) serting the following: (a) SHORT TITLE.—This division may be as subsections (c) and (d); and ‘‘(3) Except as provided under paragraph cited as the ‘‘Homeless Emergency Assist- (4), an officer or employee of the Govern- (2) by striking subsection (a) and inserting ance and Rapid Transition to Housing Act of ment Accountability Office may not disclose the following: 2009’’. to any person outside the Government Ac- ‘‘(a) IN GENERAL.—For purposes of this Act, (b) TABLE OF CONTENTS.—The table of con- countability Office information obtained in the terms ‘homeless’, ‘homeless individual’, tents for this division is as follows: audits or examinations conducted under sub- and ‘homeless person’ means— section (e) and maintained as confidential by DIVISION B—HOMELESSNESS REFORM ‘‘(1) an individual or family who lacks a the Board or the Federal reserve banks. Sec. 1001. Short title; table of contents. fixed, regular, and adequate nighttime resi- ‘‘(4) This subsection shall not— Sec. 1002. Findings and purposes. dence; ‘‘(A) authorize an officer or employee of an Sec. 1003. Definition of homelessness. ‘‘(2) an individual or family with a primary Sec. 1004. United States Interagency Council agency to withhold information from any nighttime residence that is a public or pri- on Homelessness. committee or subcommittee of jurisdiction vate place not designed for or ordinarily used of Congress, or any member of such com- TITLE I—HOUSING ASSISTANCE as a regular sleeping accommodation for mittee or subcommittee; or GENERAL PROVISIONS human beings, including a car, park, aban- ‘‘(B) limit any disclosure by the Govern- Sec. 1101. Definitions. doned building, bus or train station, airport, ment Accountability Office to any com- Sec. 1102. Community homeless assistance or camping ground; mittee or subcommittee of jurisdiction of planning boards. ‘‘(3) an individual or family living in a su- Congress, or any member of such committee Sec. 1103. General provisions. pervised publicly or privately operated shel- or subcommittee.’’. Sec. 1104. Protection of personally identi- ter designated to provide temporary living (c) ACCESS TO RECORDS.—Section 714(d) of fying information by victim arrangements (including hotels and motels title 31, United States Code, is amended— service providers. paid for by Federal, State, or local govern- (1) in paragraph (1), by inserting ‘‘The Sec. 1105. Authorization of appropriations. ment programs for low-income individuals or Comptroller General shall have access to the TITLE II—EMERGENCY SOLUTIONS by charitable organizations, congregate shel- officers, employees, contractors, and other GRANTS PROGRAM ters, and transitional housing); agents and representatives of an agency and Sec. 1201. Grant assistance. ‘‘(4) an individual who resided in a shelter any entity established by an agency at any Sec. 1202. Eligible activities. or place not meant for human habitation and reasonable time as the Comptroller General Sec. 1203. Participation in Homeless Man- who is exiting an institution where he or she may request. The Comptroller General may agement Information System. temporarily resided; make and retain copies of such books, ac- Sec. 1204. Administrative provision. ‘‘(5) an individual or family who— counts, and other records as the Comptroller Sec. 1205. GAO study of administrative fees. ‘‘(A) will imminently lose their housing, General determines appropriate.’’ after the TITLE III—CONTINUUM OF CARE including housing they own, rent, or live in first sentence; PROGRAM without paying rent, are sharing with others, (2) in paragraph (2), by inserting ‘‘, copies Sec. 1301. Continuum of care. and rooms in hotels or motels not paid for by of any record,’’ after ‘‘records’’; and Sec. 1302. Eligible activities. Federal, State, or local government pro- (3) by adding at the end the following: Sec. 1303. High performing communities. grams for low-income individuals or by char- ‘‘(3)(A) For purposes of conducting audits Sec. 1304. Program requirements. itable organizations, as evidenced by— Sec. 1305. Selection criteria, allocation and examinations under subsection (e), the ‘‘(i) a court order resulting from an evic- amounts, and funding. Comptroller General shall have access, upon Sec. 1306. Research. tion action that notifies the individual or request, to any information, data, schedules, family that they must leave within 14 days; books, accounts, financial records, reports, TITLE IV—RURAL HOUSING STABILITY ‘‘(ii) the individual or family having a pri- files, electronic communications, or other ASSISTANCE PROGRAM mary nighttime residence that is a room in papers, things or property belonging to or in Sec. 1401. Rural housing stability assistance. a hotel or motel and where they lack the re- use by— Sec. 1402. GAO study of homelessness and sources necessary to reside there for more ‘‘(i) any entity established by any action homeless assistance in rural than 14 days; or taken by the Board described under sub- areas. ‘‘(iii) credible evidence indicating that the section (e); TITLE V—REPEALS AND CONFORMING owner or renter of the housing will not allow ‘‘(ii) any entity receiving assistance from AMENDMENTS the individual or family to stay for more any action taken by the Board described Sec. 1501. Repeals. than 14 days, and any oral statement from an

VerDate Nov 24 2008 03:02 May 20, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A19MY7.012 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5750 CONGRESSIONAL RECORD — HOUSE May 19, 2009 individual or family seeking homeless assist- ‘‘(17) The Attorney General of the United there are no suitable alternatives, result in ance that is found to be credible shall be con- States, or the designee of the Attorney Gen- the destruction of a homeless person’s prop- sidered credible evidence for purposes of this eral. erty without due process, or are selectively clause; ‘‘(18) The Director of the Office of Manage- enforced against homeless persons; and ‘‘(B) has no subsequent residence identi- ment and Budget, or the designee of the Di- ‘‘(13) not later than the expiration of the 6- fied; and rector. month period beginning upon completion of ‘‘(C) lacks the resources or support net- ‘‘(19) The Director of the Office of Faith- the study requested in a letter to the Acting works needed to obtain other permanent Based and Community Initiatives, or the Comptroller General from the Chair and housing; and designee of the Director. Ranking Member of the House Financial ‘‘(6) unaccompanied youth and homeless ‘‘(20) The Director of USA FreedomCorps, Services Committee and several other mem- families with children and youth defined as or the designee of the Director.’’; bers regarding various definitions of home- homeless under other Federal statutes who— (B) in subsection (c), by striking ‘‘annu- lessness in Federal statutes, convene a meet- ‘‘(A) have experienced a long term period ally’’ and inserting ‘‘four times each year, ing of representatives of all Federal agencies without living independently in permanent and the rotation of the positions of Chair- and committees of the House of Representa- housing, person and Vice Chairperson required under tives and the Senate having jurisdiction over ‘‘(B) have experienced persistent insta- subsection (b) shall occur at the first meet- any Federal program to assist homeless indi- bility as measured by frequent moves over ing of each year’’; and viduals or families, local and State govern- such period, and (C) by adding at the end the following: ments, academic researchers who specialize ‘‘(C) can be expected to continue in such ‘‘(e) ADMINISTRATION.—The Executive Di- in homelessness, nonprofit housing and serv- status for an extended period of time because rector of the Council shall report to the ice providers that receive funding under any of chronic disabilities, chronic physical Chairman of the Council.’’; Federal program to assist homeless individ- health or mental health conditions, sub- (3) in section 203(a) (42 U.S.C. 11313(a))— uals or families, organizations advocating on stance addiction, histories of domestic vio- (A) by redesignating paragraphs (1), (2), (3), behalf of such nonprofit providers and home- lence or childhood abuse, the presence of a (4), (5), (6), and (7) as paragraphs (2), (3), (4), less persons receiving housing or services child or youth with a disability, or multiple (5), (9), (10), and (11), respectively; under any such Federal program, and home- barriers to employment. (B) by inserting before paragraph (2), as so less persons receiving housing or services ‘‘(b) DOMESTIC VIOLENCE AND OTHER DAN- redesignated by subparagraph (A), the fol- under any such Federal program, at which GEROUS OR LIFE-THREATENING CONDITIONS.— lowing: meeting such representatives shall discuss Notwithstanding any other provision of this ‘‘(1) not later than 12 months after the date all issues relevant to whether the definitions section, the Secretary shall consider to be of the enactment of the Homeless Emergency of ‘homeless’ under paragraphs (1) through homeless any individual or family who is Assistance and Rapid Transition to Housing (4) of section 103(a) of the McKinney-Vento fleeing, or is attempting to flee, domestic vi- Act of 2009, develop, make available for pub- Homeless Assistance Act, as amended by sec- olence, dating violence, sexual assault, lic comment, and submit to the President tion 1003 of the Homeless Emergency Assist- stalking, or other dangerous or life-threat- and to Congress a National Strategic Plan to ance and Rapid Transition to Housing Act of ening conditions in the individual’s or fam- End Homelessness, and shall update such 2009, should be modified by the Congress, in- ily’s current housing situation, including plan annually;’’; cluding whether there is a compelling need where the health and safety of children are (C) in paragraph (5), as redesignated by for a uniform definition of homelessness jeopardized, and who have no other residence subparagraph (A), by striking ‘‘at least 2, but under Federal law, the extent to which the and lack the resources or support networks in no case more than 5’’ and inserting ‘‘not differences in such definitions create bar- to obtain other permanent housing.’’. less than 5, but in no case more than 10’’; riers for individuals to accessing services (b) REGULATIONS.—Not later than the expi- (D) by inserting after paragraph (5), as so and to collaboration between agencies, and ration of the 6-month period beginning upon redesignated by subparagraph (A), the fol- the relative availability, and barriers to ac- the date of the enactment of this division, lowing: cess by persons defined as homeless, of main- the Secretary of Housing and Urban Develop- ‘‘(6) encourage the creation of State Inter- stream programs identified by the Govern- ment shall issue regulations that provide agency Councils on Homelessness and the ment Accountability Office in the two re- sufficient guidance to recipients of funds formulation of jurisdictional 10-year plans to ports identified in paragraph (7) of this sub- under title IV of the McKinney-Vento Home- end homelessness at State, city, and county section; and shall submit transcripts of such less Assistance Act to allow uniform and levels; meeting, and any majority and dissenting consistent implementation of the require- ‘‘(7) annually obtain from Federal agencies recommendations from such meetings, to ments of section 103 of such Act, as amended their identification of consumer-oriented en- each committee of the House of Representa- by subsection (a) of this section. This sub- titlement and other resources for which per- tives and the Senate having jurisdiction over section shall take effect on the date of the sons experiencing homelessness may be eligi- any Federal program to assist homeless indi- enactment of this division. ble and the agencies’ identification of im- viduals or families not later than the expira- (c) CLARIFICATION OF EFFECT ON OTHER provements to ensure access; develop mecha- tion of the 60-day period beginning upon con- LAWS.—This section and the amendments nisms to ensure access by persons experi- clusion of such meeting.’’. made by this section to section 103 of the encing homelessness to all Federal, State, (4) in section 203(b)(1) (42 U.S.C. 11313(b))— McKinney-Vento Homeless Assistance Act and local programs for which the persons are (A) by striking ‘‘Federal’’ and inserting (42 U.S.C. 11302) may not be construed to af- eligible, and to verify collaboration among ‘‘national’’; fect, alter, limit, annul, or supersede any entities within a community that receive (B) by striking ‘‘; and’’ and inserting ‘‘and other provision of Federal law providing a Federal funding under programs targeted for pay for expenses of attendance at meetings definition of ‘‘homeless’’, ‘‘homeless indi- persons experiencing homelessness, and which are concerned with the functions or vidual’’, or ‘‘homeless person’’ for purposes other programs for which persons experi- activities for which the appropriation is other than such Act, except to the extent encing homelessness are eligible, including made;’’; that such provision refers to such section 103 mainstream programs identified by the Gov- (5) in section 205(d) (42 U.S.C. 11315(d)), by or the definition provided in such section 103. ernment Accountability Office in the reports striking ‘‘property.’’ and inserting ‘‘prop- SEC. 1004. UNITED STATES INTERAGENCY COUN- entitled ‘Homelessness: Coordination and erty, both real and personal, public and pri- CIL ON HOMELESSNESS. Evaluation of Programs Are Essential’, vate, without fiscal year limitation, for the (a) IN GENERAL.—Title II of the McKinney- issued February 26, 1999, and ‘Homelessness: purpose of aiding or facilitating the work of Vento Homeless Assistance Act (42 U.S.C. Barriers to Using Mainstream Programs’, the Council.’’; and 11311 et seq.) is amended— issued July 6, 2000; (6) by striking section 208 (42 U.S.C. 11318) (1) in section 201 (42 U.S.C. 11311), by insert- ‘‘(8) conduct research and evaluation re- and inserting the following: ing before the period at the end the following lated to its functions as defined in this sec- ‘‘SEC. 208. AUTHORIZATION OF APPROPRIATIONS. ‘‘whose mission shall be to coordinate the tion; ‘‘There are authorized to be appropriated Federal response to homelessness and to cre- ‘‘(9) develop joint Federal agency and other to carry out this title $3,000,000 for fiscal ate a national partnership at every level of initiatives to fulfill the goals of the agen- year 2010 and such sums as may be necessary government and with the private sector to cy;’’; for fiscal years 2011. Any amounts appro- reduce and end homelessness in the nation (E) in paragraph (10), as so redesignated by priated to carry out this title shall remain while maximizing the effectiveness of the subparagraph (A), by striking ‘‘and’’ at the available until expended.’’. Federal Government in contributing to the end; (b) EFFECTIVE DATE.—The amendments end of homelessness’’; (F) in paragraph (11), as so redesignated by made by subsection (a) shall take effect on, (2) in section 202 (42 U.S.C. 11312)— subparagraph (A), by striking the period at and shall apply beginning on, the date of the (A) in subsection (a)— the end and inserting a semicolon; enactment of this division. (i) by redesignating paragraph (16) as para- (G) by adding at the end the following new TITLE I—HOUSING ASSISTANCE GENERAL graph (22); and paragraphs: PROVISIONS (ii) by inserting after paragraph (15) the ‘‘(12) develop constructive alternatives to SEC. 1101. DEFINITIONS. following: criminalizing homelessness and laws and Subtitle A of title IV of the McKinney- ‘‘(16) The Commissioner of Social Security, policies that prohibit sleeping, feeding, sit- Vento Homeless Assistance Act (42 U.S.C. or the designee of the Commissioner. ting, resting, or lying in public spaces when 11361 et seq.) is amended—

VerDate Nov 24 2008 03:02 May 20, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A19MY7.012 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5751 (1) by striking the subtitle heading and in- application for a grant under subtitle C ing or permanent housing under this title serting the following: that— with respect to— ‘‘(A) satisfies section 422; and ‘‘(A) the administration, maintenance, re- ‘‘Subtitle A—General Provisions’’; ‘‘(B) is submitted to the Secretary by a pair, and security of such housing; (2) by redesignating sections 401 and 402 (42 collaborative applicant. ‘‘(B) utilities, fuel, furnishings, and equip- U.S.C. 11361, 11362) as sections 403 and 406, re- ‘‘(5) CONSOLIDATED PLAN.—The term ‘Con- ment for such housing; or spectively; and solidated Plan’ means a comprehensive hous- ‘‘(C) coordination of services as needed to (3) by inserting before section 403 (as so re- ing affordability strategy and community ensure long-term housing stability. designated by paragraph (2) of this section) development plan required in part 91 of title ‘‘(14) OUTPATIENT HEALTH SERVICES.—The the following new section: 24, Code of Federal Regulations. term ‘outpatient health services’ means out- ‘‘SEC. 401. DEFINITIONS. ‘‘(6) ELIGIBLE ENTITY.—The term ‘eligible patient health care services, mental health ‘‘For purposes of this title: entity’ means, with respect to a subtitle, a services, and outpatient substance abuse public entity, a private entity, or an entity services. ‘‘(1) AT RISK OF HOMELESSNESS.—The term ‘at risk of homelessness’ means, with respect that is a combination of public and private ‘‘(15) PERMANENT HOUSING.—The term ‘per- to an individual or family, that the indi- entities, that is eligible to directly receive manent housing’ means community-based vidual or family— grant amounts under such subtitle. housing without a designated length of stay, ‘‘(7) FAMILIES WITH CHILDREN AND YOUTH DE- and includes both permanent supportive ‘‘(A) has income below 30 percent of me- FINED AS HOMELESS UNDER OTHER FEDERAL housing and permanent housing without sup- dian income for the geographic area; STATUTES.—The term ‘families with children portive services. ‘‘(B) has insufficient resources imme- and youth defined as homeless under other ‘‘(16) PERSONALLY IDENTIFYING INFORMA- diately available to attain housing stability; Federal statutes’ means any children or TION.—The term ‘personally identifying in- and youth that are defined as ‘homeless’ under formation’ means individually identifying ‘‘(C)(i) has moved frequently because of any Federal statute other than this subtitle, information for or about an individual, in- economic reasons; but are not defined as homeless under sec- cluding information likely to disclose the lo- ‘‘(ii) is living in the home of another be- tion 103, and shall also include the parent, cation of a victim of domestic violence, dat- cause of economic hardship; parents, or guardian of such children or ing violence, sexual assault, or stalking, in- ‘‘(iii) has been notified that their right to youth under subtitle B of title VII this Act cluding— occupy their current housing or living situa- (42 U.S.C. 11431 et seq.). ‘‘(A) a first and last name; tion will be terminated; ‘‘(8) GEOGRAPHIC AREA.—The term ‘geo- ‘‘(B) a home or other physical address; ‘‘(iv) lives in a hotel or motel; graphic area’ means a State, metropolitan ‘‘(C) contact information (including a post- ‘‘(v) lives in severely overcrowded housing; city, urban county, town, village, or other al, e-mail or Internet protocol address, or ‘‘(vi) is exiting an institution; or nonentitlement area, or a combination or telephone or facsimile number); ‘‘(vii) otherwise lives in housing that has consortia of such, in the United States, as ‘‘(D) a social security number; and characteristics associated with instability described in section 106 of the Housing and ‘‘(E) any other information, including date and an increased risk of homelessness. Community Development Act of 1974 (42 of birth, racial or ethnic background, or reli- Such term includes all families with children U.S.C. 5306). gious affiliation, that, in combination with and youth defined as homeless under other ‘‘(9) HOMELESS INDIVIDUAL WITH A DIS- any other non-personally identifying infor- Federal statutes. ABILITY.— mation, would serve to identify any indi- ‘‘(2) CHRONICALLY HOMELESS.— ‘‘(A) IN GENERAL.—The term ‘homeless in- vidual. ‘‘(A) IN GENERAL.—The term ‘chronically dividual with a disability’ means an indi- ‘‘(17) PRIVATE NONPROFIT ORGANIZATION.— homeless’ means, with respect to an indi- vidual who is homeless, as defined in section The term ‘private nonprofit organization’ vidual or family, that the individual or fam- 103, and has a disability that— means an organization— ily— ‘‘(i)(I) is expected to be long-continuing or ‘‘(A) no part of the net earnings of which ‘‘(i) is homeless and lives or resides in a of indefinite duration; inures to the benefit of any member, found- place not meant for human habitation, a safe ‘‘(II) substantially impedes the individual’s er, contributor, or individual; haven, or in an emergency shelter; ability to live independently; ‘‘(B) that has a voluntary board; ‘‘(ii) has been homeless and living or resid- ‘‘(III) could be improved by the provision of ‘‘(C) that has an accounting system, or has ing in a place not meant for human habi- more suitable housing conditions; and designated a fiscal agent in accordance with tation, a safe haven, or in an emergency ‘‘(IV) is a physical, mental, or emotional requirements established by the Secretary; shelter continuously for at least 1 year or on impairment, including an impairment caused and at least 4 separate occasions in the last 3 by alcohol or drug abuse, post traumatic ‘‘(D) that practices nondiscrimination in years; and stress disorder, or brain injury; the provision of assistance. ‘‘(iii) has an adult head of household (or a ‘‘(ii) is a developmental disability, as de- ‘‘(18) PROJECT.—The term ‘project’ means, minor head of household if no adult is fined in section 102 of the Developmental with respect to activities carried out under present in the household) with a diagnosable Disabilities Assistance and Bill of Rights Act subtitle C, eligible activities described in substance use disorder, serious mental ill- of 2000 (42 U.S.C. 15002); or section 423(a), undertaken pursuant to a spe- ness, developmental disability (as defined in ‘‘(iii) is the disease of acquired immuno- cific endeavor, such as serving a particular section 102 of the Developmental Disabilities deficiency syndrome or any condition arising population or providing a particular re- Assistance and Bill of Rights Act of 2000 (42 from the etiologic agency for acquired im- source. U.S.C. 15002)), post traumatic stress disorder, munodeficiency syndrome. ‘‘(19) PROJECT-BASED.—The term ‘project- cognitive impairments resulting from a ‘‘(B) RULE.—Nothing in clause (iii) of sub- based’ means, with respect to rental assist- brain injury, or chronic physical illness or paragraph (A) shall be construed to limit eli- ance, that the assistance is provided pursu- disability, including the co-occurrence of 2 gibility under clause (i) or (ii) of subpara- ant to a contract that— or more of those conditions. graph (A). ‘‘(A) is between— ‘‘(B) RULE OF CONSTRUCTION.—A person who ‘‘(10) LEGAL ENTITY.—The term ‘legal enti- ‘‘(i) the recipient or a project sponsor; and currently lives or resides in an institutional ty’ means— ‘‘(ii) an owner of a structure that exists as care facility, including a jail, substance ‘‘(A) an entity described in section 501(c)(3) of the date the contract is entered into; and abuse or mental health treatment facility, of the Internal Revenue Code of 1986 (26 ‘‘(B) provides that rental assistance pay- hospital or other similar facility, and has re- U.S.C. 501(c)(3)) and exempt from tax under ments shall be made to the owner and that sided there for fewer than 90 days shall be section 501(a) of such Code; the units in the structure shall be occupied considered chronically homeless if such per- ‘‘(B) an instrumentality of State or local by eligible persons for not less than the term son met all of the requirements described in government; or of the contract. subparagraph (A) prior to entering that facil- ‘‘(C) a consortium of instrumentalities of ‘‘(20) PROJECT SPONSOR.—The term ‘project ity. State or local governments that has con- sponsor’ means, with respect to proposed eli- ‘‘(3) COLLABORATIVE APPLICANT.—The term stituted itself as an entity. gible activities, the organization directly re- ‘collaborative applicant’ means an entity ‘‘(11) METROPOLITAN CITY; URBAN COUNTY; sponsible for carrying out the proposed eligi- that— NONENTITLEMENT AREA.—The terms ‘metro- ble activities. ‘‘(A) carries out the duties specified in sec- politan city’, ‘urban county’, and ‘non- ‘‘(21) RECIPIENT.—Except as used in sub- tion 402; entitlement area’ have the meanings given title B, the term ‘recipient’ means an eligi- ‘‘(B) serves as the applicant for project such terms in section 102(a) of the Housing ble entity who— sponsors who jointly submit a single applica- and Community Development Act of 1974 (42 ‘‘(A) submits an application for a grant tion for a grant under subtitle C in accord- U.S.C. 5302(a)). under section 422 that is approved by the ance with a collaborative process; and ‘‘(12) NEW.—The term ‘new’ means, with re- Secretary; ‘‘(C) if the entity is a legal entity and is spect to housing, that no assistance has been ‘‘(B) receives the grant directly from the awarded such grant, receives such grant di- provided under this title for the housing. Secretary to support approved projects de- rectly from the Secretary. ‘‘(13) OPERATING COSTS.—The term ‘oper- scribed in the application; and ‘‘(4) COLLABORATIVE APPLICATION.—The ating costs’ means expenses incurred by a ‘‘(C)(i) serves as a project sponsor for the term ‘collaborative application’ means an project sponsor operating transitional hous- projects; or

VerDate Nov 24 2008 03:02 May 20, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A19MY7.013 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5752 CONGRESSIONAL RECORD — HOUSE May 19, 2009 ‘‘(ii) awards the funds to project sponsors ‘‘(i) in a particular structure or unit for nating another body as a collaborative appli- to carry out the projects. not more than the first year of the participa- cant, or permitting other eligible entities to ‘‘(22) SECRETARY.—The term ‘Secretary’ tion; apply directly for grants. means the Secretary of Housing and Urban ‘‘(ii) within a particular geographic area ‘‘(d) CONSTRUCTION.—Nothing in this sec- Development. for the full period of the participation, or the tion shall be construed to displace conflict of ‘‘(23) SERIOUS MENTAL ILLNESS.—The term period remaining after the period referred to interest or government fair practices laws, ‘serious mental illness’ means a severe and in subparagraph (A); and or their equivalent, that govern applicants persistent mental illness or emotional im- ‘‘(B) provides that a person may receive for grant amounts under subtitles B and C. pairment that seriously limits a person’s such assistance and move to another struc- ‘‘(e) APPOINTMENT OF AGENT.— ability to live independently. ture, unit, or geographic area if the person ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(24) SOLO APPLICANT.—The term ‘solo ap- has complied with all other obligations of a collaborative applicant may designate an plicant’ means an entity that is an eligible the program and has moved out of the as- agent to— entity, directly submits an application for a sisted dwelling unit in order to protect the ‘‘(A) apply for a grant under section 422(c); grant under subtitle C to the Secretary, and, health or safety of an individual who is or ‘‘(B) receive and distribute grant funds if awarded such grant, receives such grant has been the victim of domestic violence, awarded under subtitle C; and directly from the Secretary. dating violence, sexual assault, or stalking, ‘‘(C) perform other administrative duties. ‘‘(25) SPONSOR-BASED.—The term ‘sponsor- and who reasonably believed he or she was ‘‘(2) RETENTION OF DUTIES.—Any collabo- based’ means, with respect to rental assist- imminently threatened by harm from fur- rative applicant that designates an agent ance, that the assistance is provided pursu- ther violence if he or she remained in the as- pursuant to paragraph (1) shall regardless of ant to a contract that— sisted dwelling unit. such designation retain all of its duties and ‘‘(A) is between— ‘‘(29) TRANSITIONAL HOUSING.—The term responsibilities under this title. ‘‘(i) the recipient or a project sponsor; and ‘transitional housing’ means housing the ‘‘(f) DUTIES.—A collaborative applicant ‘‘(ii) an independent entity that— purpose of which is to facilitate the move- shall— ‘‘(I) is a private organization; and ment of individuals and families experi- ‘‘(1) design a collaborative process for the ‘‘(II) owns or leases dwelling units; and encing homelessness to permanent housing development of an application under subtitle ‘‘(B) provides that rental assistance pay- within 24 months or such longer period as C, and for evaluating the outcomes of ments shall be made to the independent enti- the Secretary determines necessary. projects for which funds are awarded under ty and that eligible persons shall occupy ‘‘(30) UNIFIED FUNDING AGENCY.—The term subtitle B, in such a manner as to provide in- such assisted units. ‘unified funding agency’ means a collabo- formation necessary for the Secretary— ‘‘(26) STATE.—Except as used in subtitle B, rative applicant that performs the duties de- ‘‘(A) to determine compliance with— the term ‘State’ means each of the several scribed in section 402(g). States, the District of Columbia, the Com- ‘‘(i) the program requirements under sec- ‘‘(31) UNDERSERVED POPULATIONS.—The monwealth of Puerto Rico, the United States tion 426; and term ‘underserved populations’ includes pop- ‘‘(ii) the selection criteria described under Virgin Islands, Guam, American Samoa, the ulations underserved because of geographic Commonwealth of the Northern Mariana Is- section 427; and location, underserved racial and ethnic popu- ‘‘(B) to establish priorities for funding lands, the Trust Territory of the Pacific Is- lations, populations underserved because of lands, and any other territory or possession projects in the geographic area involved; special needs (such as language barriers, dis- of the United States. ‘‘(2) participate in the Consolidated Plan abilities, alienage status, or age), and any ‘‘(27) SUPPORTIVE SERVICES.—The term for the geographic area served by the col- other population determined to be under- ‘supportive services’ means services that ad- laborative applicant; and served by the Secretary, as appropriate. dress the special needs of people served by a ‘‘(3) ensure operation of, and consistent ‘‘(32) VICTIM SERVICE PROVIDER.—The term project, including— participation by, project sponsors in a com- ‘victim service provider’ means a private ‘‘(A) the establishment and operation of a munity-wide homeless management informa- nonprofit organization whose primary mis- child care services program for families ex- tion system (in this subsection referred to as sion is to provide services to victims of do- periencing homelessness; ‘HMIS’) that— mestic violence, dating violence, sexual as- ‘‘(B) the establishment and operation of an ‘‘(A) collects unduplicated counts of indi- employment assistance program, including sault, or stalking. Such term includes rape viduals and families experiencing homeless- providing job training; crisis centers, battered women’s shelters, do- ness; ‘‘(C) the provision of outpatient health mestic violence transitional housing pro- ‘‘(B) analyzes patterns of use of assistance services, food, and case management; grams, and other programs. provided under subtitles B and C for the geo- ‘‘(D) the provision of assistance in obtain- ‘‘(33) VICTIM SERVICES.—The term ‘victim graphic area involved; ing permanent housing, employment coun- services’ means services that assist domestic ‘‘(C) provides information to project spon- seling, and nutritional counseling; violence, dating violence, sexual assault, or sors and applicants for needs analyses and ‘‘(E) the provision of outreach services, ad- stalking victims, including services offered funding priorities; and vocacy, life skills training, and housing by rape crisis centers and domestic violence ‘‘(D) is developed in accordance with stand- search and counseling services; shelters, and other organizations, with a doc- ards established by the Secretary, including ‘‘(F) the provision of mental health serv- umented history of effective work con- standards that provide for— ices, trauma counseling, and victim services; cerning domestic violence, dating violence, ‘‘(i) encryption of data collected for pur- ‘‘(G) the provision of assistance in obtain- sexual assault, or stalking.’’. poses of HMIS; ing other Federal, State, and local assistance SEC. 1102. COMMUNITY HOMELESS ASSISTANCE ‘‘(ii) documentation, including keeping an available for residents of supportive housing PLANNING BOARDS. accurate accounting, proper usage, and dis- (including mental health benefits, employ- Subtitle A of title IV of the McKinney- closure, of HMIS data; ment counseling, and medical assistance, but Vento Homeless Assistance Act (42 U.S.C. ‘‘(iii) access to HMIS data by staff, con- not including major medical equipment); 11361 et seq.) is amended by inserting after tractors, law enforcement, and academic re- ‘‘(H) the provision of legal services for pur- section 401 (as added by section 1101(3) of this searchers; poses including requesting reconsiderations division) the following new section: ‘‘(iv) rights of persons receiving services and appeals of veterans and public benefit ‘‘SEC. 402. COLLABORATIVE APPLICANTS. under this title; claim denials and resolving outstanding war- ‘‘(a) ESTABLISHMENT AND DESIGNATION.—A ‘‘(v) criminal and civil penalties for unlaw- rants that interfere with an individual’s abil- collaborative applicant shall be established ful disclosure of data; and ity to obtain and retain housing; for a geographic area by the relevant parties ‘‘(vi) such other standards as may be deter- ‘‘(I) the provision of— in that geographic area to— mined necessary by the Secretary. ‘‘(i) transportation services that facilitate ‘‘(1) submit an application for amounts ‘‘(g) UNIFIED FUNDING.— an individual’s ability to obtain and main- under this subtitle; and ‘‘(1) IN GENERAL.—In addition to the duties tain employment; and ‘‘(2) perform the duties specified in sub- described in subsection (f), a collaborative ‘‘(ii) health care; and section (f) and, if applicable, subsection (g). applicant shall receive from the Secretary ‘‘(J) other supportive services necessary to ‘‘(b) NO REQUIREMENT TO BEALEGAL ENTI- and distribute to other project sponsors in obtain and maintain housing. TY.—An entity may be established to serve the applicable geographic area funds for ‘‘(28) TENANT-BASED.—The term ‘tenant- as a collaborative applicant under this sec- projects to be carried out by such other based’ means, with respect to rental assist- tion without being a legal entity. project sponsors, if— ance, assistance that— ‘‘(c) REMEDIAL ACTION.—If the Secretary ‘‘(A) the collaborative applicant— ‘‘(A) allows an eligible person to select a finds that a collaborative applicant for a ge- ‘‘(i) applies to undertake such collection housing unit in which such person will live ographic area does not meet the require- and distribution responsibilities in an appli- using rental assistance provided under sub- ments of this section, or if there is no col- cation submitted under this subtitle; and title C, except that if necessary to assure laborative applicant for a geographic area, ‘‘(ii) is selected to perform such respon- that the provision of supportive services to a the Secretary may take remedial action to sibilities by the Secretary; or person participating in a program is feasible, ensure fair distribution of grant amounts ‘‘(B) the Secretary designates the collabo- a recipient or project sponsor may require under subtitle C to eligible entities within rative applicant as the unified funding agen- that the person live— that area. Such measures may include desig- cy in the geographic area, after—

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‘‘(i) a finding by the Secretary that the ap- adopt and provide best practices in housing ‘‘(b) ALLOCATION.—An entity that receives plicant— and services for persons experiencing home- a grant under section 412, and serves an area ‘‘(I) has the capacity to perform such re- less. that includes 1 or more geographic areas (or sponsibilities; and ‘‘(b) RESERVATION.—The Secretary shall re- portions of such areas) served by collabo- ‘‘(II) would serve the purposes of this Act serve not more than 1 percent of the funds rative applicants that submit applications as they apply to the geographic area; and made available for any fiscal year for car- under subtitle C, shall allocate the funds ‘‘(ii) the Secretary provides the collabo- rying out subtitles B and C, to provide tech- made available through the grant to carry rative applicant with the technical assist- nical assistance under subsection (a).’’. out activities described in section 415, in ance necessary to perform such responsibil- SEC. 1104. PROTECTION OF PERSONALLY IDENTI- consultation with the collaborative appli- ities as such assistance is agreed to by the FYING INFORMATION BY VICTIM cants.’’; and collaborative applicant. SERVICE PROVIDERS. (5) in section 414(b) (42 U.S.C. 11373(b)), as ‘‘(2) REQUIRED ACTIONS BY A UNIFIED FUND- Subtitle A of the McKinney-Vento Home- so redesignated by paragraph (3) of this sec- ING AGENCY.—A collaborative applicant that less Assistance Act (42 U.S.C. 11361 et seq.), tion, by striking ‘‘amounts appropriated’’ is either selected or designated as a unified as amended by the preceding provisions of and all that follows through ‘‘for any’’ and funding agency for a geographic area under this title, is further amended by adding at inserting ‘‘amounts appropriated under sec- paragraph (1) shall— the end the following new section: tion 408 and made available to carry out this ‘‘(A) require each project sponsor who is ‘‘SEC. 407. PROTECTION OF PERSONALLY IDENTI- subtitle for any’’. funded by a grant received under subtitle C FYING INFORMATION BY VICTIM SEC. 1202. ELIGIBLE ACTIVITIES. to establish such fiscal control and fund ac- SERVICE PROVIDERS. counting procedures as may be necessary to ‘‘In the course of awarding grants or imple- The McKinney-Vento Homeless Assistance assure the proper disbursal of, and account- menting programs under this title, the Sec- Act is amended by striking section 415 (42 ing for, Federal funds awarded to the project retary shall instruct any victim service pro- U.S.C. 11374), as so redesignated by section sponsor under subtitle C in order to ensure vider that is a recipient or subgrantee not to 1201(3) of this division, and inserting the fol- that all financial transactions carried out disclose for purposes of the Homeless Man- lowing new section: under subtitle C are conducted, and records agement Information System any personally ‘‘SEC. 415. ELIGIBLE ACTIVITIES. maintained, in accordance with generally ac- identifying information about any client. cepted accounting principles; and The Secretary may, after public notice and ‘‘(a) IN GENERAL.—Assistance provided ‘‘(B) arrange for an annual survey, audit, comment, require or ask such recipients and under section 412 may be used for the fol- or evaluation of the financial records of each subgrantees to disclose for purposes of the lowing activities: project carried out by a project sponsor fund- Homeless Management Information System ‘‘(1) The renovation, major rehabilitation, ed by a grant received under subtitle C. non-personally identifying information that or conversion of buildings to be used as ‘‘(h) CONFLICT OF INTEREST.—No board has been de-identified, encrypted, or other- emergency shelters. member of a collaborative applicant may wise encoded. Nothing in this section shall ‘‘(2) The provision of essential services re- participate in decisions of the collaborative be construed to supersede any provision of lated to emergency shelter or street out- applicant concerning the award of a grant, or any Federal, State, or local law that pro- reach, including services concerned with em- provision of other financial benefits, to such vides greater protection than this subsection ployment, health, education, family support member or the organization that such mem- for victims of domestic violence, dating vio- services for homeless youth, substance abuse ber represents.’’. lence, sexual assault, or stalking.’’. services, victim services, or mental health SEC. 1103. GENERAL PROVISIONS. SEC. 1105. AUTHORIZATION OF APPROPRIATIONS. services, if— Subtitle A of the McKinney-Vento Home- Subtitle A of the McKinney-Vento Home- ‘‘(A) such essential services have not been less Assistance Act (42 U.S.C. 11361 et seq.) is less Assistance Act (42 U.S.C. 11361 et seq.), provided by the local government during any amended by inserting after section 403 (as so as amended by the preceding provisions of part of the immediately preceding 12-month redesignated by section 1101(2) of this divi- this title, is further amended by adding at period or the Secretary determines that the sion) the following new sections: the end the following new section: local government is in a severe financial def- ‘‘SEC. 404. PREVENTING INVOLUNTARY FAMILY ‘‘SEC. 408. AUTHORIZATION OF APPROPRIATIONS. icit; or SEPARATION. ‘‘There are authorized to be appropriated ‘‘(B) the use of assistance under this sub- ‘‘(a) IN GENERAL.—After the expiration of to carry out this title $2,200,000,000 for fiscal title would complement the provision of the 2-year period that begins upon the date year 2010 and such sums as may be necessary those essential services. of the enactment of the Homeless Emergency for fiscal year 2011.’’. ‘‘(3) Maintenance, operation, insurance, Assistance and Rapid Transition to Housing TITLE II—EMERGENCY SOLUTIONS provision of utilities, and provision of fur- Act of 2009, and except as provided in sub- GRANTS PROGRAM nishings related to emergency shelter. section (b), any project sponsor receiving ‘‘(4) Provision of rental assistance to pro- SEC. 1201. GRANT ASSISTANCE. vide short-term or medium-term housing to funds under this title to provide emergency Subtitle B of title IV of the McKinney- shelter, transitional housing, or permanent homeless individuals or families or individ- Vento Homeless Assistance Act (42 U.S.C. uals or families at risk of homelessness. housing to families with children under age 11371 et seq.) is amended— 18 shall not deny admission to any family Such rental assistance may include tenant- (1) by striking the subtitle heading and in- based or project-based rental assistance. based on the age of any child under age 18. serting the following: ‘‘(b) EXCEPTION.—Notwithstanding the re- ‘‘(5) Housing relocation or stabilization quirement under subsection (a), project ‘‘Subtitle B—Emergency Solutions Grants services for homeless individuals or families sponsors of transitional housing receiving Program’’; or individuals or families at risk of home- funds under this title may target transi- (2) by striking section 417 (42 U.S.C. 11377); lessness, including housing search, medi- tional housing resources to families with (3) by redesignating sections 413 through ation or outreach to property owners, legal children of a specific age only if the project 416 (42 U.S.C. 11373–6) as sections 414 through services, credit repair, providing security or sponsor— 417, respectively; and utility deposits, utility payments, rental as- ‘‘(1) operates a transitional housing pro- (4) by striking section 412 (42 U.S.C. 11372) sistance for a final month at a location, as- gram that has a primary purpose of imple- and inserting the following: sistance with moving costs, or other activi- menting an evidence-based practice that re- ‘‘SEC. 412. GRANT ASSISTANCE. ties that are effective at— quires that housing units be targeted to fam- ‘‘The Secretary shall make grants to ‘‘(A) stabilizing individuals and families in ilies with children in a specific age group; States and local governments (and to private their current housing; or and nonprofit organizations providing assistance ‘‘(B) quickly moving such individuals and ‘‘(2) provides such assurances, as the Sec- to persons experiencing homelessness or at families to other permanent housing. retary shall require, that an equivalent ap- risk of homelessness, in the case of grants ‘‘(b) MAXIMUM ALLOCATION FOR EMERGENCY propriate alternative living arrangement for made with reallocated amounts) for the pur- SHELTER ACTIVITIES.—A grantee of assist- the whole family or household unit has been pose of carrying out activities described in ance provided under section 412 for any fiscal secured. section 415. year may not use an amount of such assist- ‘‘SEC. 405. TECHNICAL ASSISTANCE. ‘‘SEC. 413. AMOUNT AND ALLOCATION OF ASSIST- ance for activities described in paragraphs ‘‘(a) IN GENERAL.—The Secretary shall ANCE. (1) through (3) of subsection (a) that exceeds make available technical assistance to pri- ‘‘(a) IN GENERAL.—Of the amount made the greater of— vate nonprofit organizations and other non- available to carry out this subtitle and sub- ‘‘(1) 60 percent of the aggregate amount of governmental entities, States, metropolitan title C for a fiscal year, the Secretary shall such assistance provided for the grantee for cities, urban counties, and counties that are allocate nationally 20 percent of such such fiscal year; or not urban counties, to implement effective amount for activities described in section ‘‘(2) the amount expended by such grantee planning processes for preventing and ending 415. The Secretary shall be required to cer- for such activities during fiscal year most re- homelessness, to improve their capacity to tify that such allocation will not adversely cently completed before the effective date prepare collaborative applications, to pre- affect the renewal of existing projects under under section 1503 of the Homeless Emer- vent the separation of families in emergency this subtitle and subtitle C for those individ- gency Assistance and Rapid Transition to shelter or other housing programs, and to uals or families who are homeless. Housing Act of 2009.’’.

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AGEMENT INFORMATION SYSTEM. agency in a geographic area shall submit an The date established under this paragraph Section 416 of the McKinney-Vento Home- application to the Secretary at such time shall not occur before the expiration of the less Assistance Act (42 U.S.C. 11375), as so re- and in such manner as the Secretary may re- 24-month period beginning on the date that designated by section 1201(3) of this division, quire, and containing such information as funds are obligated for activities described is amended by adding at the end the fol- the Secretary determines necessary— under paragraphs (1) or (2) of section 423(a). lowing new subsection: ‘‘(A) to determine compliance with the pro- The Secretary shall recapture the funds not ‘‘(f) PARTICIPATION IN HMIS.—The Sec- gram requirements and selection criteria expended by such date. The Secretary shall retary shall ensure that recipients of funds under this subtitle; and reallocate the funds for another homeless as- under this subtitle ensure the consistent par- ‘‘(B) to establish priorities for funding sistance and prevention project that meets ticipation by emergency shelters and home- projects in the geographic area. the requirements of this subtitle to be car- lessness prevention and rehousing programs ‘‘(2) ANNOUNCEMENT OF AWARDS.— ried out, if possible and appropriate, in the in any applicable community-wide homeless ‘‘(A) IN GENERAL.—Except as provided in same geographic area as the area served management information system.’’. subparagraph (B), the Secretary shall an- through the original grant. SEC. 1204. ADMINISTRATIVE PROVISION. nounce, within 5 months after the last date ‘‘(e) RENEWAL FUNDING FOR UNSUCCESSFUL Section 418 of the McKinney-Vento Home- for the submission of applications described APPLICANTS.—The Secretary may renew less Assistance Act (42 U.S.C. 11378) is in this subsection for a fiscal year, the funding for a specific project previously amended by striking ‘‘5 percent’’ and insert- grants conditionally awarded under sub- funded under this subtitle that the Secretary ing ‘‘7.5 percent’’. section (a) for that fiscal year. determines meets the purposes of this sub- SEC. 1205. GAO STUDY OF ADMINISTRATIVE FEES. ‘‘(B) TRANSITION.—For a period of up to 2 title, and was included as part of a total ap- Not later than the expiration of the 12- years beginning after the effective date plication that met the criteria of subsection month period beginning on the date of the under section 1503 of the Homeless Emer- (c), even if the application was not selected enactment of this division, the Comptroller gency Assistance and Rapid Transition to to receive grant assistance. The Secretary General of the United States shall— Housing Act of 2009, the Secretary shall an- may renew the funding for a period of not (1) conduct a study to examine the appro- nounce, within 6 months after the last date more than 1 year, and under such conditions priate administrative costs for admin- for the submission of applications described as the Secretary determines to be appro- in this subsection for a fiscal year, the istering the program authorized under sub- priate. grants conditionally awarded under sub- ‘‘(f) CONSIDERATIONS IN DETERMINING RE- title B of title IV of the McKinney-Vento section (a) for that fiscal year. NEWAL FUNDING.—When providing renewal Homeless Assistance Act (42 U.S.C. 11371 et ‘‘(d) OBLIGATION, DISTRIBUTION, AND UTILI- funding for leasing, operating costs, or rent- seq.); and ZATION OF FUNDS.— al assistance for permanent housing, the (2) submit to Congress a report on the find- ‘‘(1) REQUIREMENTS FOR OBLIGATION.— Secretary shall make adjustments propor- ings of the study required under paragraph ‘‘(A) IN GENERAL.—Not later than 9 months tional to increases in the fair market rents (1). after the announcement referred to in sub- in the geographic area. TITLE III—CONTINUUM OF CARE section (c)(2), each recipient or project spon- ‘‘(g) MORE THAN 1 APPLICATION FOR A GEO- PROGRAM sor shall meet all requirements for the obli- GRAPHIC AREA.—If more than 1 collaborative SEC. 1301. CONTINUUM OF CARE. gation of those funds, including site control, applicant applies for funds for a geographic The McKinney-Vento Homeless Assistance matching funds, and environmental review area, the Secretary shall award funds to the Act is amended— requirements, except as provided in subpara- collaborative applicant with the highest (1) by striking the subtitle heading for sub- graphs (B) and (C). score based on the selection criteria set forth title C of title IV (42 U.S.C. 11381 et seq.) and ‘‘(B) ACQUISITION, REHABILITATION, OR CON- in section 427. inserting the following: STRUCTION.—Not later than 24 months after ‘‘(h) APPEALS.— the announcement referred to in subsection ‘‘(1) IN GENERAL.—The Secretary shall es- ‘‘Subtitle C—Continuum of Care Program’’; (c)(2), each recipient or project sponsor seek- tablish a timely appeal procedure for grant and ing the obligation of funds for acquisition of amounts awarded or denied under this sub- (2) by striking sections 421 and 422 (42 housing, rehabilitation of housing, or con- title pursuant to a collaborative application U.S.C. 11381 and 11382) and inserting the fol- struction of new housing for a grant an- or solo application for funding. lowing new sections: nounced under subsection (c)(2) shall meet ‘‘(2) PROCESS.—The Secretary shall ensure ‘‘SEC. 421. PURPOSES. all requirements for the obligation of those that the procedure permits appeals sub- ‘‘The purposes of this subtitle are— funds, including site control, matching mitted by entities carrying out homeless ‘‘(1) to promote community-wide commit- funds, and environmental review require- housing and services projects (including ment to the goal of ending homelessness; ments. emergency shelters and homelessness pre- ‘‘(2) to provide funding for efforts by non- ‘‘(C) EXTENSIONS.—At the discretion of the vention programs), and all other applicants profit providers and State and local govern- Secretary, and in compelling circumstances, under this subtitle. ments to quickly rehouse homeless individ- the Secretary may extend the date by which ‘‘(i) SOLO APPLICANTS.—A solo applicant uals and families while minimizing the trau- a recipient or project sponsor shall meet the may submit an application to the Secretary ma and dislocation caused to individuals, requirements described in subparagraphs (A) for a grant under subsection (a) and be families, and communities by homelessness; and (B) if the Secretary determines that awarded such grant on the same basis as ‘‘(3) to promote access to, and effective uti- compliance with the requirements was de- such grants are awarded to other applicants lization of, mainstream programs described layed due to factors beyond the reasonable based on the criteria described in section 427, in section 203(a)(7) and programs funded with control of the recipient or project sponsor. but only if the Secretary determines that State or local resources; and Such factors may include difficulties in ob- the solo applicant has attempted to partici- ‘‘(4) to optimize self-sufficiency among in- taining site control for a proposed project, pate in the continuum of care process but dividuals and families experiencing home- completing the process of obtaining secure was not permitted to participate in a reason- lessness. financing for the project, obtaining approv- able manner. The Secretary may award such ‘‘SEC. 422. CONTINUUM OF CARE APPLICATIONS als from State or local governments, or com- grants directly to such applicants in a man- AND GRANTS. pleting the technical submission require- ner determined to be appropriate by the Sec- ‘‘(a) PROJECTS.—The Secretary shall award ments for the project. retary. grants, on a competitive basis, and using the ‘‘(2) OBLIGATION.—Not later than 45 days ‘‘(j) FLEXIBILITY TO SERVE PERSONS DE- selection criteria described in section 427, to after a recipient or project sponsor meets the FINED AS HOMELESS UNDER OTHER FEDERAL carry out eligible activities under this sub- requirements described in paragraph (1), the LAWS.— title for projects that meet the program re- Secretary shall obligate the funds for the ‘‘(1) IN GENERAL.—A collaborative appli- quirements under section 426, either by di- grant involved. cant may use not more than 10 percent of rectly awarding funds to project sponsors or ‘‘(3) DISTRIBUTION.—A recipient that re- funds awarded under this subtitle (con- by awarding funds to unified funding agen- ceives funds through such a grant— tinuum of care funding) for any of the types cies. ‘‘(A) shall distribute the funds to project of eligible activities specified in paragraphs ‘‘(b) NOTIFICATION OF FUNDING AVAIL- sponsors (in advance of expenditures by the (1) through (7) of section 423(a) to serve fami- ABILITY.—The Secretary shall release a noti- project sponsors); and lies with children and youth defined as fication of funding availability for grants ‘‘(B) shall distribute the appropriate por- homeless under other Federal statutes, or awarded under this subtitle for a fiscal year tion of the funds to a project sponsor not homeless families with children and youth not later than 3 months after the date of the later than 45 days after receiving a request defined as homeless under section 103(a)(6), enactment of the appropriate Act making for such distribution from the project spon- but only if the applicant demonstrates that appropriations for the Department of Hous- sor. the use of such funds is of an equal or greater ing and Urban Development for such fiscal ‘‘(4) EXPENDITURE OF FUNDS.—The Sec- priority or is equally or more cost effective year. retary may establish a date by which funds in meeting the overall goals and objectives ‘‘(c) APPLICATIONS.— made available through a grant announced of the plan submitted under section ‘‘(1) SUBMISSION TO THE SECRETARY.—To be under subsection (c)(2) for a homeless assist- 427(b)(1)(B), especially with respect to chil- eligible to receive a grant under subsection ance project shall be entirely expended by dren and unaccompanied youth.

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‘‘(2) LIMITATIONS.—The 10 percent limita- reach to property owners, credit repair, pro- ‘‘(B) not earlier than 10 years, but earlier tion under paragraph (1) shall not apply to viding security or utility deposits, rental as- than 15 years, after operation of the project collaborative applicants in which the rate of sistance for a final month at a location, as- begins, the Secretary shall require the re- homelessness, as calculated in the most re- sistance with moving costs, or other activi- cipient or project sponsor to repay 20 percent cent point in time count, is less than one- ties that— of the assistance for each of the years in the tenth of 1 percent of total population. ‘‘(A) are effective at moving homeless indi- 15-year period for which the project fails to ‘‘(3) TREATMENT OF CERTAIN POPULATIONS.— viduals and families immediately into hous- provide that housing. ‘‘(A) IN GENERAL.—Notwithstanding section ing; or ‘‘(2) PREVENTION OF UNDUE BENEFITS.—Ex- 103(a) and subject to subparagraph (B), funds ‘‘(B) may benefit individuals and families cept as provided in paragraph (3), if any awarded under this subtitle may be used for who in the prior 6 months have been home- property is used for a project that receives eligible activities to serve unaccompanied less, but are currently residing in permanent assistance under subsection (a) and consists youth and homeless families and children de- housing. of activities described in paragraph (1) or (2) fined as homeless under section 103(a)(6) only ‘‘(8) In the case of a collaborative applicant of subsection (a), and the sale or other dis- pursuant to paragraph (1) of this subsection that is a legal entity, performance of the du- position of the property occurs before the ex- and such families and children shall not oth- ties described under section 402(f)(3). piration of the 15-year period beginning on erwise be considered as homeless for pur- ‘‘(9) Operation of, participation in, and en- the date that operation of the project begins, poses of this subtitle. suring consistent participation by project the recipient or project sponsor who received ‘‘(B) AT RISK OF HOMELESSNESS.—Subpara- sponsors in, a community-wide homeless the assistance shall comply with such terms graph (A) may not be construed to prevent management information system. and conditions as the Secretary may pre- any unaccompanied youth and homeless fam- ‘‘(10) In the case of a collaborative appli- scribe to prevent the recipient or project ilies and children defined as homeless under cant that is a legal entity, payment of ad- sponsor from unduly benefitting from such section 103(a)(6) from qualifying for, and ministrative costs related to meeting the re- sale or disposition. being treated for purposes of this subtitle as, quirements described in paragraphs (1) and ‘‘(3) EXCEPTION.—A recipient or project at risk of homelessness or from eligibility (2) of section 402(f), for which the collabo- sponsor shall not be required to make the re- for any projects, activities, or services car- rative applicant may use not more than 3 payments, and comply with the terms and ried out using amounts provided under this percent of the total funds made available in conditions, required under paragraph (1) or subtitle for which individuals or families the geographic area under this subtitle for (2) if— that are at risk of homelessness are eligi- such costs. ‘‘(A) the sale or disposition of the property ble.’’. ‘‘(11) In the case of a collaborative appli- used for the project results in the use of the SEC. 1302. ELIGIBLE ACTIVITIES. cant that is a unified funding agency under property for the direct benefit of very low-in- The McKinney-Vento Homeless Assistance section 402(g), payment of administrative come persons; Act is amended by striking section 423 (42 costs related to meeting the requirements of ‘‘(B) all of the proceeds of the sale or dis- U.S.C. 11383) and inserting the following new that section, for which the unified funding position are used to provide transitional or section: agency may use not more than 3 percent of permanent housing meeting the require- ‘‘SEC. 423. ELIGIBLE ACTIVITIES. the total funds made available in the geo- ments of this subtitle; ‘‘(a) IN GENERAL.—Grants awarded under graphic area under this subtitle for such ‘‘(C) project-based rental assistance or op- section 422 to qualified applicants shall be costs, in addition to funds used under para- erating cost assistance from any Federal used to carry out projects that serve home- graph (10). program or an equivalent State or local pro- less individuals or families that consist of ‘‘(12) Payment of administrative costs to gram is no longer made available and the one or more of the following eligible activi- project sponsors, for which each project project is meeting applicable performance ties: sponsor may use not more than 10 percent of standards, provided that the portion of the ‘‘(1) Construction of new housing units to the total funds made available to that project that had benefitted from such assist- provide transitional or permanent housing. project sponsor through this subtitle for ance continues to meet the tenant income ‘‘(2) Acquisition or rehabilitation of a such costs. and rent restrictions for low-income units structure to provide transitional or perma- ‘‘(b) MINIMUM GRANT TERMS.—The Sec- under section 42(g) of the Internal Revenue nent housing, other than emergency shelter, retary may impose minimum grant terms of Code of 1986; or or to provide supportive services. up to 5 years for new projects providing per- ‘‘(D) there are no individuals and families ‘‘(3) Leasing of property, or portions of manent housing. in the geographic area who are homeless, in property, not owned by the recipient or ‘‘(c) USE RESTRICTIONS.— which case the project may serve individuals project sponsor involved, for use in providing ‘‘(1) ACQUISITION, REHABILITATION, AND NEW and families at risk of homelessness. transitional or permanent housing, or pro- CONSTRUCTION.—A project that consists of ac- ‘‘(e) STAFF TRAINING.—The Secretary may viding supportive services. tivities described in paragraph (1) or (2) of allow reasonable costs associated with staff ‘‘(4) Provision of rental assistance to pro- subsection (a) shall be operated for the pur- training to be included as part of the activi- vide transitional or permanent housing to el- pose specified in the application submitted ties described in subsection (a). ‘‘(f) ELIGIBILITY FOR PERMANENT HOUSING.— igible persons. The rental assistance may in- for the project under section 422 for not less Any project that receives assistance under than 15 years. clude tenant-based, project-based, or spon- subsection (a) and that provides project- ‘‘(2) OTHER ACTIVITIES.—A project that con- sor-based rental assistance. Project-based based or sponsor-based permanent housing sists of activities described in any of para- rental assistance, sponsor-based rental as- for homeless individuals or families with a sistance, and operating cost assistance con- graphs (3) through (12) of subsection (a) shall disability, including projects that meet the tracts carried out by project sponsors receiv- be operated for the purpose specified in the requirements of subsection (a) and sub- ing grants under this section may, at the dis- application submitted for the project under section (d)(2)(A) of section 428 may also serve cretion of the applicant and the project spon- section 422 for the duration of the grant pe- individuals who had previously met the re- sor, have an initial term of 15 years, with as- riod involved. quirements for such project prior to moving sistance for the first 5 years paid with funds ‘‘(3) CONVERSION.—If the recipient or into a different permanent housing project. authorized for appropriation under this Act, project sponsor carrying out a project that ‘‘(g) ADMINISTRATION OF RENTAL ASSIST- and assistance for the remainder of the term provides transitional or permanent housing ANCE.—Provision of permanent housing rent- treated as a renewal of an expiring contract submits a request to the Secretary to carry al assistance shall be administered by a as provided in section 429. Project-based out instead a project for the direct benefit of State, unit of general local government, or rental assistance may include rental assist- low-income persons, and the Secretary deter- public housing agency.’’. ance to preserve existing permanent sup- mines that the initial project is no longer SEC. 1303. HIGH PERFORMING COMMUNITIES. portive housing for homeless individuals and needed to provide transitional or permanent The McKinney-Vento Homeless Assistance families. housing, the Secretary may approve the Act is amended by striking section 424 (42 ‘‘(5) Payment of operating costs for hous- project described in the request and author- U.S.C. 11384) and inserting the following: ing units assisted under this subtitle or for ize the recipient or project sponsor to carry ‘‘SEC. 424. INCENTIVES FOR HIGH-PERFORMING the preservation of housing that will serve out that project. COMMUNITIES. homeless individuals and families and for ‘‘(d) REPAYMENT OF ASSISTANCE AND PRE- ‘‘(a) DESIGNATION AS A HIGH-PERFORMING which another form of assistance is expiring VENTION OF UNDUE BENEFITS.— COMMUNITY.— or otherwise no longer available. ‘‘(1) REPAYMENT.—If a recipient or project ‘‘(1) IN GENERAL.—The Secretary shall des- ‘‘(6) Supportive services for individuals and sponsor receives assistance under section 422 ignate, on an annual basis, which collabo- families who are currently homeless, who to carry out a project that consists of activi- rative applicants represent high-performing have been homeless in the prior six months ties described in paragraph (1) or (2) of sub- communities. but are currently residing in permanent section (a) and the project ceases to provide ‘‘(2) CONSIDERATION.—In determining housing, or who were previously homeless transitional or permanent housing— whether to designate a collaborative appli- and are currently residing in permanent sup- ‘‘(A) earlier than 10 years after operation cant as a high-performing community under portive housing. of the project begins, the Secretary shall re- paragraph (1), the Secretary shall establish ‘‘(7) Provision of rehousing services, in- quire the recipient or project sponsor to criteria to ensure that the requirements de- cluding housing search, mediation or out- repay 100 percent of the assistance; or scribed under paragraphs (1)(B) and (2)(B) of

VerDate Nov 24 2008 03:02 May 20, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A19MY7.014 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5756 CONGRESSIONAL RECORD — HOUSE May 19, 2009 subsection (d) are measured by comparing again within the next 2 years has decreased family provided family violence prevention homeless individuals and families under by at least 20 percent from the preceding or treatment services through the project; similar circumstances, in order to encourage year. ‘‘(B) that the address or location of any projects in the geographic area to serve ‘‘(3) COMMUNITY ACTION.—The communities family violence shelter project assisted homeless individuals and families with more that compose the geographic area have— under this subtitle will not be made public, severe barriers to housing stability. ‘‘(A) actively encouraged homeless individ- except with written authorization of the per- ‘‘(3) 2-YEAR PHASE IN.—In each of the first uals and families to participate in homeless son responsible for the operation of such 2 years after the effective date under section assistance services available in that geo- project; 1503 of the Homeless Emergency Assistance graphic area; and ‘‘(C) they will establish policies and prac- and Rapid Transition to Housing Act of 2009, ‘‘(B) included each homeless individual or tices that are consistent with, and do not re- the Secretary shall designate not more than family who sought homeless assistance serv- strict the exercise of rights provided by, sub- 10 collaborative applicants as high-per- ices in the data system used by that commu- title B of title VII, and other laws relating to forming communities. nity for determining compliance with this the provision of educational and related ‘‘(4) EXCESS OF QUALIFIED APPLICANTS.—If, subsection. services to individuals and families experi- during the 2-year period described under ‘‘(4) EFFECTIVENESS OF PREVIOUS ACTIVI- encing homelessness; paragraph (2), more than 10 collaborative ap- TIES.—If recipients in the geographic area ‘‘(D) in the case of programs that provide plicants could qualify to be designated as have used funding awarded under section housing or services to families, they will des- high-performing communities, the Secretary 422(a) for eligible activities described under ignate a staff person to be responsible for en- shall designate the 10 that have, in the dis- section 415(a) in previous years based on the suring that children being served in the pro- cretion of the Secretary, the best perform- authority granted under subsection (c), that gram are enrolled in school and connected to ance based on the criteria described under such activities were effective at reducing the appropriate services in the community, in- subsection (d). number of individuals and families who be- cluding early childhood programs such as ‘‘(5) TIME LIMIT ON DESIGNATION.—The des- came homeless in that community. Head Start, part C of the Individuals with ignation of any collaborative applicant as a ‘‘(5) FLEXIBILITY TO SERVE PERSONS DEFINED Disabilities Education Act, and programs au- high-performing community under this sub- AS HOMELESS UNDER OTHER FEDERAL LAWS.— thorized under subtitle B of title VII of this section shall be effective only for the year in With respect to collaborative applicants ex- Act(42 U.S.C. 11431 et seq.); and which such designation is made. The Sec- ercising the authority under section 422(j) to ‘‘(E) they will provide data and reports as retary, on an annual basis, may renew any serve homeless families with children and required by the Secretary pursuant to the such designation. youth defined as homeless under other Fed- Act; ‘‘(b) APPLICATION.— eral statutes, effectiveness in achieving the ‘‘(5) if a collaborative applicant is a unified ‘‘(1) IN GENERAL.—A collaborative appli- goals and outcomes identified in subsection funding agency under section 402(g) and re- cant seeking designation as a high-per- 427(b)(1)(F) according to such standards as ceives funds under subtitle C to carry out forming community under subsection (a) the Secretary shall promulgate. the payment of administrative costs de- scribed in section 423(a)(11), to establish such shall submit an application to the Secretary ‘‘(e) COOPERATION AMONG ENTITIES.—A col- at such time, and in such manner as the Sec- laborative applicant designated as a high- fiscal control and fund accounting proce- retary may require. performing community under this section dures as may be necessary to assure the proper disbursal of, and accounting for, such ‘‘(2) CONTENT OF APPLICATION.—In any ap- shall cooperate with the Secretary in distrib- funds in order to ensure that all financial plication submitted under paragraph (1), a uting information about successful efforts transactions carried out with such funds are collaborative applicant shall include in such within the geographic area represented by conducted, and records maintained, in ac- application— the collaborative applicant to reduce home- cordance with generally accepted accounting ‘‘(A) a report showing how any money re- lessness.’’. ceived under this subtitle in the preceding principles; SEC. 1304. PROGRAM REQUIREMENTS. year was expended; and ‘‘(6) to monitor and report to the Secretary ‘‘(B) information that such applicant can Section 426 of the McKinney-Vento Home- the provision of matching funds as required meet the requirements described under sub- less Assistance Act (42 U.S.C. 11386) is by section 430; section (d). amended— ‘‘(7) to take the educational needs of chil- (1) by striking subsections (a), (b), and (c) ‘‘(3) PUBLICATION OF APPLICATION.—The dren into account when families are placed Secretary shall— and inserting the following: in emergency or transitional shelter and ‘‘(A) publish any report or information ‘‘(a) SITE CONTROL.—The Secretary shall will, to the maximum extent practicable, submitted in an application under this sec- require that each application include reason- place families with children as close as pos- tion in the geographic area represented by able assurances that the applicant will own sible to their school of origin so as not to the collaborative applicant; and or have control of a site for the proposed disrupt such children’s education; and ‘‘(B) seek comments from the public as to project not later than the expiration of the ‘‘(8) to comply with such other terms and whether the collaborative applicant seeking 12-month period beginning upon notification conditions as the Secretary may establish to designation as a high-performing community of an award for grant assistance, unless the carry out this subtitle in an effective and ef- meets the requirements described under sub- application proposes providing supportive ficient manner.’’; section (d). housing assistance under section 423(a)(3) or (2) by redesignating subsection (d) as sub- ‘‘(c) USE OF FUNDS.—Funds awarded under housing that will eventually be owned or section (c); section 422(a) to a project sponsor who is lo- controlled by the families and individuals (3) in the first sentence of subsection (c) cated in a high-performing community may served. An applicant may obtain ownership (as so redesignated by paragraph (2) of this be used— or control of a suitable site different from subsection), by striking ‘‘recipient’’ and in- ‘‘(1) for any of the eligible activities de- the site specified in the application. If any serting ‘‘recipient or project sponsor’’; scribed in section 423; or recipient or project sponsor fails to obtain (4) by striking subsection (e); ‘‘(2) for any of the eligible activities de- ownership or control of the site within 12 (5) by redesignating subsections (f), (g), and scribed in paragraphs (4) and (5) of section months after notification of an award for (h), as subsections (d), (e), and (f), respec- 415(a). grant assistance, the grant shall be recap- tively; ‘‘(d) DEFINITION OF HIGH-PERFORMING COM- tured and reallocated under this subtitle. (6) in the first sentence of subsection (e) MUNITY.—For purposes of this section, the ‘‘(b) REQUIRED AGREEMENTS.—The Sec- (as so redesignated by paragraph (5) of this term ‘high-performing community’ means a retary may not provide assistance for a pro- section), by striking ‘‘recipient’’ each place geographic area that demonstrates through posed project under this subtitle unless the it appears and inserting ‘‘recipient or project reliable data that all five of the following re- collaborative applicant involved agrees— sponsor’’; quirements are met for that geographic area: ‘‘(1) to ensure the operation of the project (7) by striking subsection (i); and ‘‘(1) TERM OF HOMELESSNESS.—The mean in accordance with the provisions of this (8) by redesignating subsection (j) as sub- length of episodes of homelessness for that subtitle; section (g). geographic area— ‘‘(2) to monitor and report to the Secretary SEC. 1305. SELECTION CRITERIA, ALLOCATION ‘‘(A) is less than 20 days; or the progress of the project; AMOUNTS, AND FUNDING. ‘‘(B) for individuals and families in similar ‘‘(3) to ensure, to the maximum extent The McKinney-Vento Homeless Assistance circumstances in the preceding year was at practicable, that individuals and families ex- Act is amended— least 10 percent less than in the year before. periencing homelessness are involved, (1) by repealing section 429 (42 U.S.C. ‘‘(2) FAMILIES LEAVING HOMELESSNESS.—Of through employment, provision of volunteer 11389); and individuals and families— services, or otherwise, in constructing, reha- (2) by redesignating sections 427 and 428 (42 ‘‘(A) who leave homelessness, fewer than 5 bilitating, maintaining, and operating facili- U.S.C. 11387, 11388) as sections 432 and 433, re- percent of such individuals and families be- ties for the project and in providing sup- spectively; and come homeless again at any time within the portive services for the project; (3) by inserting after section 426 the fol- next 2 years; or ‘‘(4) to require certification from all lowing new sections: ‘‘(B) in similar circumstances who leave project sponsors that— ‘‘SEC. 427. SELECTION CRITERIA. homelessness, the percentage of such indi- ‘‘(A) they will maintain the confidentiality ‘‘(a) IN GENERAL.—The Secretary shall viduals and families who become homeless of records pertaining to any individual or award funds to recipients through a national

VerDate Nov 24 2008 03:02 May 20, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A19MY7.014 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5757 competition between geographic areas based turn to permanent housing for those served cities or counties represented by the collabo- on criteria established by the Secretary. by the project, taking into account the se- rative applicant. ‘‘(b) REQUIRED CRITERIA.— verity of barriers faced by the people the ‘‘(iii) AUTHORITY OF SECRETARY.—Subject ‘‘(1) IN GENERAL.—The criteria established project serves; to the availability of appropriations, the under subsection (a) shall include— ‘‘(ii) considers the full range of opinions Secretary shall increase the estimated need ‘‘(A) the previous performance of the re- from individuals or entities with knowledge amount for a geographic area if necessary to cipient regarding homelessness, including of homelessness in the geographic area or an provide 1 year of renewal funding for all ex- performance related to funds provided under interest in preventing or ending homeless- piring contracts entered into under this sub- section 412 (except that recipients applying ness in the geographic area; title for the geographic area. from geographic areas where no funds have ‘‘(iii) is based on objective criteria that ‘‘(3) HOMELESSNESS COUNTS.—The Secretary been awarded under this subtitle, or under have been publicly announced by the recipi- shall not require that communities conduct subtitles C, D, E, or F of title IV of this Act, ent; and an actual count of homeless people other as in effect prior to the date of the enact- ‘‘(iv) is open to proposals from entities than those described in paragraphs (1) ment of the Homeless Emergency Assistance that have not previously received funds through (4) of section 103(a) of this Act (42 and Rapid Transition to Housing Act of 2009, under this subtitle; U.S.C. 11302(a)). shall receive full credit for performance ‘‘(D) the extent to which the amount of as- ‘‘(c) ADJUSTMENTS.—The Secretary may under this subparagraph), measured by cri- sistance to be provided under this subtitle to adjust the formula described in subsection teria that shall be announced by the Sec- the recipient will be supplemented with re- (b)(2) as necessary— retary, that shall take into account barriers sources from other public and private ‘‘(1) to ensure that each collaborative ap- faced by individual homeless people, and sources, including mainstream programs plicant has sufficient funding to renew all that shall include— identified by the Government Accountability qualified projects for at least one year; and ‘‘(i) the length of time individuals and fam- Office in the two reports described in section ‘‘(2) to ensure that collaborative applicants ilies remain homeless; 203(a)(7); are not discouraged from replacing renewal ‘‘(ii) the extent to which individuals and ‘‘(E) demonstrated coordination by the re- projects with new projects that the collabo- families who leave homelessness experience cipient with the other Federal, State, local, rative applicant determines will better be additional spells of homelessness; private, and other entities serving individ- able to meet the purposes of this Act. ‘‘(iii) the thoroughness of grantees in the uals and families experiencing homelessness ‘‘SEC. 428. ALLOCATION OF AMOUNTS AND INCEN- geographic area in reaching homeless indi- and at risk of homelessness in the planning TIVES FOR SPECIFIC ELIGIBLE AC- viduals and families; and operation of projects; TIVITIES. ‘‘(iv) overall reduction in the number of ‘‘(F) for collaborative applicants exercising ‘‘(a) MINIMUM ALLOCATION FOR PERMANENT homeless individuals and families; the authority under section 422(j) to serve HOUSING FOR HOMELESS INDIVIDUALS AND ‘‘(v) jobs and income growth for homeless homeless families with children and youth FAMILIES WITH DISABILITIES.— individuals and families; defined as homeless under other Federal ‘‘(1) IN GENERAL.—From the amounts made ‘‘(vi) success at reducing the number of in- statutes, program goals and outcomes, which available to carry out this subtitle for a fis- dividuals and families who become homeless; shall include— cal year, a portion equal to not less than 30 ‘‘(vii) other accomplishments by the recipi- ‘‘(i) preventing homelessness among the percent of the sums made available to carry ent related to reducing homelessness; and subset of such families with children and out subtitle B and this subtitle, shall be used ‘‘(viii) for collaborative applicants that youth who are at highest risk of becoming for permanent housing for homeless individ- have exercised the authority under section homeless, as such term is defined for pur- uals with disabilities and homeless families 422(j) to serve families with children and poses of this title; or that include such an individual who is an youth defined as homeless under other Fed- ‘‘(ii) achieving independent living in per- adult or a minor head of household if no eral statutes, success in achieving the goals manent housing among such families with adult is present in the household. and outcomes identified in section children and youth, especially those who ‘‘(2) CALCULATION.—In calculating the por- 427(b)(1)(F); have a history of doubled-up and other tem- tion of the amount described in paragraph (1) ‘‘(B) the plan of the recipient, which shall porary housing situations or are living in a that is used for activities that are described describe— temporary housing situation due to lack of in paragraph (1), the Secretary shall not ‘‘(i) how the number of individuals and available and appropriate emergency shelter, count funds made available to renew con- families who become homeless will be re- through the provision of eligible assistance tracts for existing projects under section 429. duced in the community; that directly contributes to achieving such ‘‘(3) ADJUSTMENT.—The 30 percent figure in ‘‘(ii) how the length of time that individ- results including assistance to address paragraph (1) shall be reduced proportion- uals and families remain homeless will be re- chronic disabilities, chronic physical health ately based on need under section 427(b)(2) in duced; or mental health conditions, substance ad- geographic areas for which subsection (e) ap- ‘‘(iii) how the recipient will collaborate diction, histories of domestic violence or plies in regard to subsection (d)(2)(A). with local education authorities to assist in childhood abuse, or multiple barriers to em- ‘‘(4) SUSPENSION.—The requirement estab- the identification of individuals and families ployment; and lished in paragraph (1) shall be suspended for who become or remain homeless and are in- ‘‘(G) such other factors as the Secretary any year in which funding available for formed of their eligibility for services under determines to be appropriate to carry out grants under this subtitle after making the subtitle B of title VII of this Act (42 U.S.C. this subtitle in an effective and efficient allocation established in paragraph (1) would 11431 et seq.); manner. not be sufficient to renew for 1 year all exist- ‘‘(iv) the extent to which the recipient ‘‘(2) ADDITIONAL CRITERIA.—In addition to ing grants that would otherwise be fully will— the criteria required under paragraph (1), the funded under this subtitle. ‘‘(I) address the needs of all relevant sub- criteria established under paragraph (1) shall ‘‘(5) TERMINATION.—The requirement estab- populations; also include the need within the geographic lished in paragraph (1) shall terminate upon ‘‘(II) incorporate comprehensive strategies area for homeless services, determined as a finding by the Secretary that since the be- for reducing homelessness, including the follows and under the following conditions: ginning of 2001 at least 150,000 new units of interventions referred to in section 428(d); ‘‘(A) NOTICE.—The Secretary shall inform permanent housing for homeless individuals ‘‘(III) set quantifiable performance meas- each collaborative applicant, at a time con- and families with disabilities have been ures; current with the release of the notice of funded under this subtitle. ‘‘(IV) set timelines for completion of spe- funding availability for the grants, of the pro ‘‘(b) SET-ASIDE FOR PERMANENT HOUSING FOR HOMELESS FAMILIES WITH CHILDREN.— cific tasks; rata estimated grant amount under this sub- From the amounts made available to carry ‘‘(V) identify specific funding sources for title for the geographic area represented by out this subtitle for a fiscal year, a portion planned activities; and the collaborative applicant. equal to not less than 10 percent of the sums ‘‘(VI) identify an individual or body re- ‘‘(B) AMOUNT.— made available to carry out subtitle B and sponsible for overseeing implementation of ‘‘(i) FORMULA.—Such estimated grant this subtitle for that fiscal year shall be used specific strategies; and amounts shall be determined by a formula, to provide or secure permanent housing for ‘‘(v) whether the recipient proposes to ex- which shall be developed by the Secretary, homeless families with children. ercise authority to use funds under section by regulation, not later than the expiration ‘‘(c) TREATMENT OF AMOUNTS FOR PERMA- 422(j), and if so, how the recipient will of the 2-year period beginning upon the date NENT OR TRANSITIONAL HOUSING.—Nothing in achieve the goals and outcomes identified in of the enactment of the Homeless Emergency this Act may be construed to establish a section 427(b)(1)(F); Assistance and Rapid Transition to Housing limit on the amount of funding that an ap- ‘‘(C) the methodology of the recipient used Act of 2009, that is based upon factors that plicant may request under this subtitle for to determine the priority for funding local are appropriate to allocate funds to meet the acquisition, construction, or rehabilitation projects under section 422(c)(1), including the goals and objectives of this subtitle. activities for the development of permanent extent to which the priority-setting proc- ‘‘(ii) COMBINATIONS OR CONSORTIA.—For a housing or transitional housing. ess— collaborative applicant that represents a ‘‘(d) INCENTIVES FOR PROVEN STRATEGIES.— ‘‘(i) uses periodically collected information combination or consortium of cities or coun- ‘‘(1) IN GENERAL.—The Secretary shall pro- and analysis to determine the extent to ties, the estimated need amount shall be the vide bonuses or other incentives to geo- which each project has resulted in rapid re- sum of the estimated need amounts for the graphic areas for using funding under this

VerDate Nov 24 2008 03:02 May 20, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A19MY7.014 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5758 CONGRESSIONAL RECORD — HOUSE May 19, 2009 subtitle for activities that have been proven ‘‘(1) there is a demonstrated need for the (A) by striking the section heading and in- to be effective at reducing homelessness gen- project; and serting ‘‘RURAL HOUSING STABILITY erally, reducing homelessness for a specific ‘‘(2) the project complies with program re- GRANT PROGRAM.’’; subpopulation, or achieving homeless pre- quirements and appropriate standards of (B) in subsection (a)— vention and independent living goals as set housing quality and habitability, as deter- (i) by striking ‘‘rural homelessness grant forth in section 427(b)(1)(F). mined by the Secretary. program’’ and inserting ‘‘rural housing sta- ‘‘(2) RULE OF CONSTRUCTION.—For purposes ‘‘(c) CONSTRUCTION.—Nothing in this sec- bility grant program’’; of this subsection, activities that have been tion shall be construed as prohibiting the (ii) by inserting ‘‘in lieu of grants under proven to be effective at reducing homeless- Secretary from renewing contracts under subtitle C’’ after ‘‘eligible organizations’’; ness generally or reducing homelessness for this subtitle in accordance with criteria set and a specific subpopulation includes— forth in a provision of this subtitle other (iii) by striking paragraphs (1), (2), and (3), ‘‘(A) permanent supportive housing for than this section. and inserting the following: chronically homeless individuals and fami- ‘‘SEC. 430. MATCHING FUNDING. ‘‘(1) rehousing or improving the housing lies; ‘‘(a) IN GENERAL.—A collaborative appli- situations of individuals and families who ‘‘(B) for homeless families, rapid rehousing cant in a geographic area in which funds are are homeless or in the worst housing situa- services, short-term flexible subsidies to awarded under this subtitle shall specify tions in the geographic area; overcome barriers to rehousing, support contributions from any source other than a ‘‘(2) stabilizing the housing of individuals services concentrating on improving incomes grant awarded under this subtitle, including and families who are in imminent danger of to pay rent, coupled with performance meas- renewal funding of projects assisted under losing housing; and ures emphasizing rapid and permanent re- subtitles C, D, and F of this title as in effect ‘‘(3) improving the ability of the lowest-in- housing and with leveraging funding from before the effective date under section 1503 of come residents of the community to afford mainstream family service systems such as the Homeless Emergency Assistance and stable housing.’’; Temporary Assistance for Needy Families Rapid Transition to Housing Act of 2009, that (C) in subsection (b)(1)— and Child Welfare services; and shall be made available in the geographic (i) by redesignating subparagraphs (E), (F), ‘‘(C) any other activity determined by the area in an amount equal to not less than 25 and (G) as subparagraphs (I), (J), and (K), re- Secretary, based on research and after notice percent of the funds provided to recipients in spectively; and and comment to the public, to have been the geographic area, except that grants for (ii) by striking subparagraph (D) and in- proven effective at reducing homelessness leasing shall not be subject to any match re- serting the following: generally, reducing homelessness for a spe- quirement. ‘‘(D) construction of new housing units to cific subpopulation, or achieving homeless ‘‘(b) LIMITATIONS ON IN-KIND MATCH.—The provide transitional or permanent housing to prevention and independent living goals as cash value of services provided to the resi- homeless individuals and families and indi- set forth in section 427(b)(1)(F). dents or clients of a project sponsor by an viduals and families at risk of homelessness; ‘‘(3) BALANCE OF INCENTIVES FOR PROVEN entity other than the project sponsor may ‘‘(E) acquisition or rehabilitation of a STRATEGIES.—To the extent practicable, in count toward the contributions in subsection structure to provide supportive services or to providing bonuses or incentives for proven (a) only when documented by a memorandum provide transitional or permanent housing, strategies, the Secretary shall seek to main- of understanding between the project spon- other than emergency shelter, to homeless tain a balance among strategies targeting sor and the other entity that such services individuals and families and individuals and homeless individuals, families, and other will be provided. families at risk of homelessness; subpopulations. The Secretary shall not im- ‘‘(c) COUNTABLE ACTIVITIES.—The contribu- ‘‘(F) leasing of property, or portions of tions required under subsection (a) may con- plement bonuses or incentives that specifi- property, not owned by the recipient or sist of— cally discourage collaborative applicants project sponsor involved, for use in providing ‘‘(1) funding for any eligible activity de- from exercising their flexibility to serve transitional or permanent housing to home- scribed under section 423; and families with children and youth defined as less individuals and families and individuals ‘‘(2) subject to subsection (b), in-kind pro- homeless under other Federal statutes. and families at risk of homelessness, or pro- ‘‘(e) INCENTIVES FOR SUCCESSFUL IMPLEMEN- vision of services of any eligible activity de- viding supportive services to such homeless TATION OF PROVEN STRATEGIES.—If any geo- scribed under section 423. and at-risk individuals and families; graphic area demonstrates that it has fully ‘‘SEC. 431. APPEAL PROCEDURE. ‘‘(G) provision of rental assistance to pro- implemented any of the activities described ‘‘(a) IN GENERAL.—With respect to funding vide transitional or permanent housing to in subsection (d) for all homeless individuals under this subtitle, if certification of con- homeless individuals and families and indi- and families or for all members of subpopula- sistency with the consolidated plan pursuant viduals and families at risk of homelessness, tions for whom such activities are targeted, to section 403 is withheld from an applicant such rental assistance may include tenant- that geographic area shall receive the bonus who has submitted an application for that based or project-based rental assistance; or incentive provided under subsection (d), certification, such applicant may appeal ‘‘(H) payment of operating costs for hous- but may use such bonus or incentive for any such decision to the Secretary. ing units assisted under this title;’’; eligible activity under either section 423 or ‘‘(b) PROCEDURE.—The Secretary shall es- (D) in subsection (b)(2), by striking ‘‘appro- paragraphs (4) and (5) of section 415(a) for tablish a procedure to process the appeals de- priated’’ and inserting ‘‘transferred’’; homeless people generally or for the relevant scribed in subsection (a). (E) in subsection (c)— ‘‘(c) DETERMINATION.—Not later than 45 subpopulation. (i) in paragraph (1)(A), by striking ‘‘appro- days after the date of receipt of an appeal de- ‘‘SEC. 429. RENEWAL FUNDING AND TERMS OF AS- priated’’ and inserting ‘‘transferred’’; and SISTANCE FOR PERMANENT HOUS- scribed in subsection (a), the Secretary shall determine if certification was unreasonably (ii) in paragraph (3), by striking ‘‘appro- ING. priated’’ and inserting ‘‘transferred’’; ‘‘(a) IN GENERAL.—Renewal of expiring con- withheld. If such certification was unreason- (F) in subsection (d)— tracts for leasing, rental assistance, or oper- ably withheld, the Secretary shall review (i) in paragraph (5), by striking ‘‘; and’’ and ating costs for permanent housing contracts such application and determine if such appli- inserting a semicolon; may be funded either— cant shall receive funding under this sub- (ii) in paragraph (6)— ‘‘(1) under the appropriations account for title.’’. (I) by striking ‘‘an agreement’’ and all that this title; or SEC. 1306. RESEARCH. follows through ‘‘families’’ and inserting the ‘‘(2) the section 8 project-based rental as- There is authorized to be appropriated following: ‘‘a description of how individuals sistance account. $8,000,000, for each of fiscal years 2010 and and families who are homeless or who have ‘‘(b) RENEWALS.—The sums made available 2011, for research into the efficacy of inter- under subsection (a) shall be available for ventions for homeless families, to be ex- the lowest incomes in the community will be the renewal of contracts in the case of ten- pended by the Secretary of Housing and involved by the organization’’; and ant-based assistance, successive 1-year Urban Development over the 2 years at 3 dif- (II) by striking the period at the end, and terms, and in the case of project-based as- ferent sites to provide services for homeless inserting a semicolon; and sistance, successive terms of up to 15 years families and evaluate the effectiveness of (iii) by adding at the end the following: at the discretion of the applicant or project such services. ‘‘(7) a description of consultations that took place within the community to ascer- sponsor and subject to the availability of an- TITLE IV—RURAL HOUSING STABILITY tain the most important uses for funding nual appropriations, for rental assistance ASSISTANCE PROGRAM and housing operation costs associated with under this section, including the involve- permanent housing projects funded under SEC. 1401. RURAL HOUSING STABILITY ASSIST- ment of potential beneficiaries of the ANCE. project; and this subtitle, or under subtitle C or F (as in Subtitle G of title IV of the McKinney- ‘‘(8) a description of the extent and nature effect on the day before the effective date of Vento Homeless Assistance Act (42 U.S.C. the Homeless Emergency Assistance and of homelessness and of the worst housing sit- 11408 et seq.) is amended— Rapid Transition to Housing Act of 2009). uations in the community.’’; (1) by striking the subtitle heading and in- The Secretary shall determine whether to (G) by striking subsections (f) and (g) and serting the following: renew a contract for such a permanent hous- inserting the following: ing project on the basis of certification by ‘‘Subtitle G—Rural Housing Stability ‘‘(f) MATCHING FUNDING.— the collaborative applicant for the geo- Assistance Program’’; and ‘‘(1) IN GENERAL.—An organization eligible graphic area that— (2) in section 491— to receive a grant under subsection (a) shall

VerDate Nov 24 2008 04:13 May 20, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A19MY7.014 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5759 specify matching contributions from any (I) in subparagraph (A), by striking ‘‘; or’’ dividuals and families in and from non-rural source other than a grant awarded under this and inserting a semicolon; areas and non-rural communities. subtitle, that shall be made available in the (II) in subparagraph (B)(ii), by striking (6) A general description of homeless as- geographic area in an amount equal to not ‘‘rural census tract.’’ and inserting ‘‘county sistance for individuals and families in rural less than 25 percent of the funds provided for where at least 75 percent of the population is areas and rural communities of the United the project or activity, except that grants rural; or’’; and States. for leasing shall not be subject to any match (III) by adding at the end the following: (7) A description of barriers that homeless requirement. ‘‘(C) any area or community, respectively, assistance providers serving rural areas and ‘‘(2) LIMITATIONS ON IN-KIND MATCH.—The located in a State that has population den- rural communities encounter when seeking cash value of services provided to the bene- sity of less than 30 persons per square mile to access Federal homeless assistance pro- ficiaries or clients of an eligible organization (as reported in the most recent decennial grams, and recommendations for removing by an entity other than the organization census), and of which at least 1.25 percent of such barriers. may count toward the contributions in para- the total acreage of such State is under Fed- (8) An assessment of the type and amount graph (1) only when documented by a memo- eral jurisdiction, provided that no metropoli- of Federal homeless assistance funds award- randum of understanding between the orga- tan city (as such term is defined in section ed to organizations serving rural areas and nization and the other entity that such serv- 102 of the Housing and Community Develop- rural communities and a determination as to ices will be provided. ment Act of 1974) in such State is the sole whether such amount is proportional to the ‘‘(3) COUNTABLE ACTIVITIES.—The contribu- beneficiary of the grant amounts awarded distribution of homeless individuals and tions required under paragraph (1) may con- under this section.’’; families in and from rural areas and rural sist of— (J) in subsection (l)— communities compared to homeless individ- ‘‘(A) funding for any eligible activity de- (i) by striking the subsection heading and uals and families in non-rural areas and non- scribed under subsection (b); and inserting ‘‘PROGRAM FUNDING.—’’; and rural communities. ‘‘(B) subject to paragraph (2), in-kind pro- (ii) by striking paragraph (1) and inserting (9) An assessment of the current roles of vision of services of any eligible activity de- the following: the Department of Housing and Urban Devel- scribed under subsection (b). ‘‘(1) IN GENERAL.—The Secretary shall de- opment, the Department of Agriculture, and ‘‘(g) SELECTION CRITERIA.—The Secretary termine the total amount of funding attrib- other Federal departments and agencies in shall establish criteria for selecting recipi- utable under section 427(b)(2) to meet the administering homeless assistance programs ents of grants under subsection (a), includ- needs of any geographic area in the Nation in rural areas and rural communities and ing— that applies for funding under this section. recommendations for distributing Federal ‘‘(1) the participation of potential bene- The Secretary shall transfer any amounts responsibilities, including homeless assist- ficiaries of the project in assessing the need determined under this subsection from the ance program administration and for, and importance of, the project in the Community Homeless Assistance Program grantmaking, among the departments and community; and consolidate such transferred amounts for agencies so that service organizations in ‘‘(2) the degree to which the project ad- grants under this section, except that the rural areas and rural communities are most dresses the most harmful housing situations present in the community; Secretary shall transfer an amount not less effectively reached and supported. (b) ACQUISITION OF SUPPORTING INFORMA- ‘‘(3) the degree of collaboration with others than 5 percent of the amount available under TION.—In carrying out the study under this in the community to meet the goals de- subtitle C for grants under this section. Any section, the Comptroller General shall seek scribed in subsection (a); amounts so transferred and not used for to obtain views from the following persons: ‘‘(4) the performance of the organization in grants under this section due to an insuffi- (1) The Secretary of Agriculture. improving housing situations, taking ac- cient number of applications shall be trans- (2) The Secretary of Housing and Urban count of the severity of barriers of individ- ferred to be used for grants under subtitle Development. uals and families served by the organization; C.’’; and ‘‘(5) for organizations that have previously (K) by adding at the end the following: (3) The Secretary of Health and Human received funding under this section, the ex- ‘‘(m) DETERMINATION OF FUNDING SOURCE.— Services. tent of improvement in homelessness and the For any fiscal year, in addition to funds (4) The Secretary of Education. worst housing situations in the community awarded under subtitle B, funds under this (5) The Secretary of Labor. since such funding began; title to be used in a city or county shall only (6) The Secretary of Veterans Affairs. ‘‘(6) the need for such funds, as determined be awarded under either subtitle C or sub- (7) The Executive Director of the United by the formula established under section title D.’’. States Interagency Council on Homelessness. (8) Project sponsors and recipients of 427(b)(2); and SEC. 1402. GAO STUDY OF HOMELESSNESS AND ‘‘(7) any other relevant criteria as deter- HOMELESS ASSISTANCE IN RURAL homeless assistance grants serving rural mined by the Secretary.’’; AREAS. areas and rural communities. (H) in subsection (h)— (a) STUDY AND REPORT.—Not later than the (9) Individuals and families in or from (i) in paragraph (1), in the matter pre- expiration of the 12-month period beginning rural areas and rural communities who have ceding subparagraph (A), by striking ‘‘The’’ on the date of the enactment of this division, sought or are seeking Federal homeless as- and inserting ‘‘Not later than 18 months the Comptroller General of the United States sistance services. after funding is first made available pursu- shall conduct a study to examine homeless- (10) National advocacy organizations con- ant to the amendments made by title IV of ness and homeless assistance in rural areas cerned with homelessness, rural housing, and the Homeless Emergency Assistance and and rural communities and submit a report rural community development. Rapid Transition to Housing Act of 2009, to the Congress on the findings and conclu- (c) EFFECTIVE DATE.—This section shall the’’; and sion of the study. The report shall contain take effect on the date of the enactment of (ii) in paragraph (1)(A), by striking ‘‘pro- the following matters: this division viding housing and other assistance to home- (1) A general description of homelessness, TITLE V—REPEALS AND CONFORMING less persons’’ and inserting ‘‘meeting the including the range of living situations AMENDMENTS goals described in subsection (a)’’; among homeless individuals and homeless SEC. 1501. REPEALS. (iii) in paragraph (1)(B), by striking ‘‘ad- families, in rural areas and rural commu- Subtitles D, E, and F of title IV of the dress homelessness in rural areas’’ and in- nities of the United States, including tribal McKinney-Vento Homeless Assistance Act serting ‘‘meet the goals described in sub- lands and colonias. (42 U.S.C. 11391 et seq., 11401 et seq., and 11403 section (a) in rural areas’’; and (2) An estimate of the incidence and preva- et seq.) are hereby repealed. (iv) in paragraph (2)— lence of homelessness among individuals and SEC. 1502. CONFORMING AMENDMENTS. (I) by striking ‘‘The’’ and inserting ‘‘Not families in rural areas and rural commu- (a) CONSOLIDATED PLAN.—Section 403(1) of later than 24 months after funding is first nities of the United States. the McKinney-Vento Homeless Assistance made available pursuant to the amendment (3) An estimate of the number of individ- Act (as so redesignated by section 1101(2) of made by title IV of the Homeless Emergency uals and families from rural areas and rural this division), is amended— Assistance and Rapid Transition to Housing communities who migrate annually to non- (1) by striking ‘‘current housing afford- Act of 2009, the’’; rural areas and non-rural communities for ability strategy’’ and inserting ‘‘consoli- (II) by striking ‘‘, not later than 18 months homeless assistance. dated plan’’; and after the date on which the Secretary first (4) A description of barriers that individ- (2) by inserting before the comma the fol- makes grants under the program,’’; and uals and families in and from rural areas and lowing: ‘‘(referred to in such section as a (III) by striking ‘‘prevent and respond to rural communities encounter when seeking ‘comprehensive housing affordability strat- homelessness’’ and inserting ‘‘meet the goals to access homeless assistance programs, and egy’)’’. described in subsection (a)’’; recommendations for removing such bar- (b) PERSONS EXPERIENCING HOMELESS- (I) in subsection (k)— riers. NESS.—Section 103 of the McKinney-Vento (i) in paragraph (1), by striking ‘‘rural (5) A comparison of the rate of homeless- Homeless Assistance Act (42 U.S.C. 11302), as homelessness grant program’’ and inserting ness among individuals and families in and amended by the preceding provisions of this ‘‘rural housing stability grant program’’; and from rural areas and rural communities com- division, is further amended by adding at the (ii) in paragraph (2)— pared to the rate of homelessness among in- end the following new subsection:

VerDate Nov 24 2008 03:02 May 20, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A19MY7.014 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5760 CONGRESSIONAL RECORD — HOUSE May 19, 2009 ‘‘(e) PERSONS EXPERIENCING HOMELESS- ‘‘Sec. 430. Matching funding. Absent this bill, community banks NESS.—Any references in this Act to home- ‘‘Sec. 431. Appeal procedure. would have been facing a very signifi- less individuals (including homeless persons) ‘‘Sec. 432. Regulations. ‘‘Sec. 433. Reports to Congress. cant increase in their assessment. Be- or homeless groups (including homeless per- cause this bill gives the FDIC bor- sons) shall be considered to include, and to ‘‘Subtitle D—Rural Housing Stability refer to, individuals experiencing homeless- Assistance Program rowing authority, standby authority in ness or groups experiencing homelessness, ‘‘Sec. 491. Rural housing stability assist- case it’s needed, they will not have to respectively.’’. ance. raise the assessment. The FDIC has to (c) RURAL HOUSING STABILITY ASSIST- ‘‘Sec. 492. Use of FHMA inventory for transi- be ready to act. And if there was not ANCE.—Title IV of the McKinney-Vento tional housing for homeless the borrowing authority, they would Homeless Assistance Act is amended by re- persons and for turnkey hous- have to raise the assessment to have a designating subtitle G (42 U.S.C. 11408 et ing.’’. pool of money available. They have seq.), as amended by the preceding provisions The SPEAKER pro tempore. Pursu- been, under Sheila Bair’s leadership, a of this division, as subtitle D. ant to the rule, the gentleman from very thoughtful and responsible organi- SEC. 1503. EFFECTIVE DATE. Massachusetts (Mr. FRANK) and the zation. Borrowing authority we will do. Except as specifically provided otherwise gentlewoman from West Virginia (Mrs. in this division, this division and the amend- It’s in here. CAPITO) each will control 20 minutes. Similarly, there was a problem that ments made by this division shall take effect The Chair recognizes the gentleman on, and shall apply beginning on— threatened a significant increase in the (1) the expiration of the 18-month period from Massachusetts. assessment that our local credit unions Mr. FRANK of Massachusetts. Mr. beginning on the date of the enactment of would have to pay because of the fail- Speaker, this is our sending back to this division, or ure of some large credit unions. There’s the Senate a version of a bill which we (2) the expiration of the 3-month period be- a pattern here of the larger institu- passed earlier this year. They then ginning upon publication by the Secretary of tions’ failure imposing costs on the Housing and Urban Development of final reg- passed the bill in a form very close to smaller. It’s our job to prevent that ulations pursuant to section 1504, ours, but in a couple of areas where we from happening. whichever occurs first. felt it important to insist on our origi- What we have here is a provision that SEC. 1504. REGULATIONS. nal position and also to include some the gentleman from Pennsylvania (Mr. (a) IN GENERAL.—Not later than 12 months things that came up in the interim KANJORSKI) has worked on. We worked after the date of the enactment of this divi- from the administration. sion, the Secretary of Housing and Urban De- It has several purposes. One, it en- with the National Credit Union Admin- velopment shall promulgate regulations gov- hances the ability of the executive istration. It provides a mechanism by erning the operation of the programs that branch to reduce the number of fore- which the significant increased assess- are created or modified by this division. closures. Last year Congress passed the ment on the credit union can be avoid- (b) EFFECTIVE DATE.—This section shall HOPE for Homeowners program, which ed. That’s why the National Credit take effect on the date of the enactment of Union Association has sent in a letter this division. we hoped was going to reduce fore- closures. We didn’t get it right. We had in support of this. SEC. 1505. AMENDMENT TO TABLE OF CONTENTS. We will, as I said, be reducing fore- The table of contents in section 101(b) of a good general idea, but it was passed in a form that was not very usable. closures and helping the mortgage the McKinney-Vento Homeless Assistance market. So the National Association of Act (42 U.S.C. 11301 note) is amended by We have learned from the experience, striking the item relating to the heading for and we have a version here that we REALTORS has sent in a letter in sup- title IV and all that follows through the think is going to work much better. It port of this. And because it is good for item relating to section 492 and inserting the includes, for instance, at the request of the banking industry in general, the following new items: HUD, a provision that will allow them American Bankers Association has sup- ‘‘TITLE IV—HOUSING ASSISTANCE to deal with the problem of second ported this. ‘‘Subtitle A—General Provisions mortgages, which has been an inter- Our major financial institution rep- ‘‘Sec. 401. Definitions. ference in our ability to get fore- resentatives support this bill. As I said, ‘‘Sec. 402. Collaborative applicants. closures. It also includes, as it did it enhances our ability to reduce fore- ‘‘Sec. 403. Housing affordability strategy. originally, a very good version of the closures. It averts significant increases ‘‘Sec. 404. Preventing involuntary family safe harbor for services. That was a bi- in assessments that would go to the separation partisan idea of the gentleman from credit unions and the community ‘‘Sec. 405. Technical assistance. banks. It also includes language which ‘‘Sec. 406. Discharge coordination policy. Pennsylvania (Mr. KANJORSKI) and the gentleman from Delaware (Mr. CASTLE) we have been working on and this ‘‘Sec. 407. Protection of personally identi- House had passed, and it was bipartisan fying information by victim to encourage those who are in charge service providers. of the mortgage process to act when it in our committee, improving the pro- ‘‘Sec. 408. Authorization of appropriations. makes more sense to write down the grams for the homeless. ‘‘Subtitle B—Emergency Solutions Grants mortgage and avoid foreclosure. It We made several important com- Program gives them the legal ability to do that promises on that. The gentlewoman ‘‘Sec. 411. Definitions. and withstand frivolous lawsuits. from West Virginia who is here as the ‘‘Sec. 412. Grant assistance. It also has some provisions in here ranking member of the Housing Sub- ‘‘Sec. 413. Amount and allocation of assist- that are very important to those small- committee on our committee worked ance. er financial institutions that are the on this. We incorporated that in this ‘‘Sec. 414. Allocation and distribution of as- lifeblood of our communities and which bill. So it is widely supported by people sistance. have been unfairly tarnished in this who are in the field of the homeless. It ‘‘Sec. 415. Eligible activities. is, in general, an important piece of ‘‘Sec. 416. Responsibilities of recipients. most recent debate over financial insti- ‘‘Sec. 417. Administrative provisions. tutions. legislation that responds as well as we ‘‘Sec. 418. Administrative costs. Community banks and the Inde- can to this foreclosure crisis. Myself and a majority of the House ‘‘Subtitle C—Continuum of Care Program pendent Community Bankers of Amer- ica have a letter here, which I will put clearly would have preferred if it had ‘‘Sec. 421. Purposes. included the authority of bankruptcy ‘‘Sec. 422. Continuum of care applications into the RECORD, which supports this and grants. bill. courts to reduce mortgages on primary ‘‘Sec. 423. Eligible activities. Community banks were facing a sig- residences. We passed that in the ‘‘Sec. 424. Incentives for high-performing nificant increase in the assessment House. It failed in the Senate. Our col- communities. they get for deposit insurance. That league from California (Ms. LOFGREN) ‘‘Sec. 425. Supportive services. was true. And this bill will extend the and the chairman of the Judiciary ‘‘Sec. 426. Program requirements. deposit insurance, which was tempo- Committee, Mr. CONYERS, and others ‘‘Sec. 427. Selection criteria. rarily at $250,000, and makes it perma- made a very valiant effort to resusci- ‘‘Sec. 428. Allocation of amounts and incen- tives for specific eligible activi- nent. That’s very important for the tate it. It was not possible. I regret ties. smaller banks. It has to be paid for. that. I hope we won’t give up on that. ‘‘Sec. 429. Renewal funding and terms of as- But also there were problems with the I think it’s a glaringly illogical and un- sistance for permanent housing. larger banks who got in trouble. fair part of the law, but it would be a

VerDate Nov 24 2008 03:02 May 20, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A19MY7.014 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5761 mistake, in my judgment, to allow that AMERICAN BANKERS ASSOCIATION, credit unions—U.S. Central and Western Cor- failure to get the votes that we tried to Washington, DC, May 19, 2009. porate Federal Credit Union (Wescorp)—into get in the Senate to stop the very Hon. NANCY PELOSI, conservatorship. The losses at the two cor- many other important parts of the bill. Speaker of the House, House of Representatives, porate credit unions were created by declines Washington, DC. in the value of mortgage-backed securities in So, as I said, I move to suspend the Hon. JOHN BOEHNER, which they invested. Although these securi- rules. I hope we can send this soon to Republican Leader, House of Representatives, ties were originally AAA-rated and appeared the President. If we pass this bill, it Washington, DC. prudent when the investments were made, will go to the Senate; and I believe DEAR SPEAKER PELOSI AND REPRESENTA- market developments proved to the con- TIVE BOEHNER: I am writing on behalf of the trary. Despite these investment losses, the that the Senate will adopt it and send members of the American Bankers Associa- payment and settlement services provided by it on to the President. tion in strong support of S. 896, the Helping these corporate credit unions continue to be INDEPENDENT COMMUNITY Families Save Their Homes Act of 2009, offered on a very sound basis. BANKERS OF AMERICA, which will be considered by the House today The credit union system itself is covering May 18, 2009. on the suspension calendar. the losses on these corporate credit union in- Hon. NANCY PELOSI, The legislation provides the Federal De- vestments by way of a significant NCUSIF Speaker of the House, House of Representatives, posit Insurance Corporation (FDIC) with a insurance assessment on all federally insured Washington, DC. much needed increase in its borrowing au- natural person credit unions. Under current Hon. JOHN A. BOEHNER, thority, extends the period for the restora- law, credit unions must replenish their Minority Leader, House of Representatives, tion of the FDIC’s deposit insurance fund NCUSIF deposits equal to 1% of their insured Washington, DC. from five to eight years, and provides a tem- shares on an annual basis and are also sub- RE S. 896, the Helping Families Save their porary extension (through 2013) of the FDIC’s ject to premium charges when the fund drops Homes Act of 2009 $250,000 deposit insurance limit. below a 1.2% equity ratio. While credit The legislation also will make it easier for unions expect to pay for the corporate credit DEAR SPEAKER PELOSI AND MINORITY LEAD- servicers to modify loan agreements. It im- union problem themselves, they would like ER BOEHNER: The Independent Community proves the Hope for Homeowners Program to to spread the losses over time, as banks are Bankers of America (ICBA), on behalf of its make it more accessible for lenders and bet- permitted to do for their insurance costs 5,000 community bank members nationwide, ter able to help homeowners avoid fore- under current law. are writing to express our strong support for closures. S. 896 would increase NCUA’s borrowing S. 896, the Helping Families Save their ABA urges the House to pass this very im- authority from Treasury from $100 million to Homes Act of 2009, which the House will con- portant legislation. The increase in bor- $6 billion, with the ability to borrow as much sider on the suspension calendar tomorrow. rowing authority will enable the FDIC to re- as $30 billion in exigent circumstances Several provisions in S. 896 are important to duce the proposed special assessment on all through December 2010. The amendment also community bankers: the deposit insurance banks, thereby increasing funds available for establishes a Temporary Corporate Sta- provisions—including extending the increase lending in local communities. bilization Fund that would also help NCUA in deposit insurance coverage to $250,000, in- We look forward to working with you to to spread out credit unions’ insurance costs creasing the FDIC’s borrowing authority, have S. 896 enacted into law as quickly as over seven years. Spreading these costs over making the assessments for the Temporary possible. multiple years means that credit unions can Liquidity Guarantee Program more equi- Sincerely, use the funds that otherwise would have table—plus improvements to the Hope for FLOYD E. STONER. been used to pay the assessment imme- Homeowners Program (H4H). diately to make credit available to their DEPOSIT INSURANCE CREDIT UNION NATIONAL ASSOCIATION, members. CUNA strongly supports both the Washington, DC, May 19, 2009. additional borrowing authority for NCUA as The Emergency Economic Stabilization Hon. NANCY PELOSI, well as the establishment of the Temporary Act temporarily increased deposit insurance Speaker, House of Representatives, Washington, Corporate Stabilization fund. coverage from $100,000 to $250,000. The addi- DC. Time is of the essence. We appreciate the tional coverage has enhanced community Hon. JOHN BOEHNER, timely consideration of the S. 896 and hope bank liquidity and stability at this critical Minority Leader, House of Representatives, the legislation can be enacted expeditiously. time. We are pleased S. 896 would extend this Washington, DC. On behalf of America’s credit unions, increase. Community banks also support pro- DEAR SPEAKER PELOSI AND RANKING MEM- thank you very much for your consideration. visions increasing the FDIC’s authority to BER BOEHNER: On behalf of the Credit Union Please support the S. 896, the Helping Fami- borrow from the Treasury, if needed. The in- National Association (CUNA), I am writing lies Save Their Homes Act. creased authority will allow the FDIC to re- in support of S. 896, the Helping Families Sincerely, duce its planned second quarter special as- Save Their Homes Act. CUNA is the largest DANIEL A. MICA, sessment on all banks, keeping vital capital credit union trade association, representing President & CEO. within community banks to support lending, nearly 90% of America’s 8,000 state and feder- while still ensuring an adequately funded De- ally chartered credit unions and their 92 mil- NATIONAL ASSOCIATION OF posit Insurance Fund. ICBA also supports a lion members. FEDERAL CREDIT UNIONS, provision to allow the FDIC to assess all fi- CUNA strongly supports S. 896, a bill that Arlington, Virginia, May 19, 2009. nancial institutions, including holding com- includes a number of provisions aimed at Hon. NANCY PELOSI, panies, benefiting from its Temporary Li- helping credit unions continue to help their Speaker of the House, House of Representatives, quidity Guarantee Program, in the case of a members weather the financial crisis and Washington, D.C. deficit in the program. Current law only per- maintain member confidence in credit Hon. JOHN BOEHNER, mits assessments against banks and thrifts. unions. Credit unions consider this a critical Minority Leader, House of Representatives, vote. Washington, DC. HOPE FOR HOMEOWNERS AND SERVICER SAFE S. 896 would extend the increase in deposit DEAR SPEAKER PELOSI AND MINORITY LEAD- HARBOR PROVISION insurance coverage ($250,000) for the National ER BOEHNER: On behalf of the National Asso- Credit Union Share Insurance Fund (NCUS ciation of Federal Credit Unions (NAFCU), Community banks support improvements IF) that Congress enacted on as part of the the only trade association exclusively rep- to the Hope for Homeowners Program and Emergency Economic Stabilization Act of resenting the interests of our nation’s fed- the servicer safe harbor provisions found in 2008, until December 31, 2013. This provision eral credit unions, I am writing to express S. 896. ICBA agrees minimizing foreclosures is an important step that will help maintain our support for S. 896, the ‘‘Helping Families is essential to the effort to stabilize the U.S. member confidence in credit unions. Save Their Homes Act of 2009’’ and to urge economy. Foreclosure is often a very S. 896 also includes a number of provisions the House to support this legislation when it lengthy, costly and destructive process that aimed at helping credit unions manage the is considered on the suspension calendar puts downward pressure on the price of near- impact of the financial crisis on the credit today. by homes and has a devastating impact on union system. Even though credit unions use S. 896 would adopt the corporate credit families and communities. The changes to strong underwriting standards to make loans union stabilization fund proposal recently the Hope for Homeowners Program and the to their members and keep most of their released by the National Credit Union Ad- servicer safe harbor provision will foster mortgages in portfolio, no financial institu- ministration (NCUA). NCUA’s decision to more voluntary loan modifications and are a tion is immune from the current economic place two corporate credit unions into con- positive step in bringing stability to the situation. Corporate credit unions, which servatorship earlier this year has led to mortgage and housing markets. provide payment, settlement, investment losses of approximately $5.9 billion to the We strongly urge a yes vote for S. 896. and other services for natural person credit National Credit Union Share Insurance Fund Thank you for considering our views. unions, have been particularly hard hit by (NCUSIF). Under present regulations, nat- Sincerely, the economic maelstrom. ural-person credit unions will be assessed a CAMDEN R. FINE, On March 20, the National Credit Union heavy charge in 2009 to recapitalize the President and CEO. Administration (NCUA) placed two corporate NCUSIF. Swift implementation of the NCUA

VerDate Nov 24 2008 04:13 May 20, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.046 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5762 CONGRESSIONAL RECORD — HOUSE May 19, 2009 proposal is necessary to prevent more than Before I begin to discuss the specific McKinney-Vento homelessness pro- two-thirds of our nation’s credit unions from provisions contained in this bill, I gram which, as the chairman noted, having negative earnings for 2009, as well as would like to talk about one of the pro- was passed in a strong bipartisan man- to ensure that they are adequately capital- visions that is not in this bill. Thanks ner here in the last Congress. ized. The creation of the temporary cor- porate credit union stabilization fund and in large part to unified Republican op- We had significant contributions the seven year timeframe for repayment of position in the House and Senate, the from many of my colleagues on both loans to the fund will provide immediate re- bill does not include bankruptcy sides of the aisle. I’d like to thank Mrs. lief to large insurance fund premiums facing cramdown provisions. I joined with BIGGERT and Mr. GEOFF DAVIS of Ken- natural-person credit unions otherwise. many of my colleagues in speaking tucky from our side. We also applaud the adoption of a longer against this provision, which pre- Mr. Chairman, S. 896 is far from a time frame for the repayment of NCUSIF viously passed the House and, in my perfect bill, but S. 896 no longer con- premiums contained in S. 896. By length- opinion, would have caused untold tains what I believe were harmful ening the repayment term to eight years, damage to the mortgage market and bankruptcy provisions which could Congress ensures credit unions will be able to focus more of their resources on making substantially increased costs for con- have further paralyzed the mortgage fi- loans that will strengthen the economy, sumers. nance market. S. 896 will also make rather than having to divert them to rebuild Allowing bankruptcy judges to uni- crucial changes in the deposit area the NCUSIF. laterally rewrite mortgage contracts is which should help advance the eco- Finally, as part of the Emergency Eco- not the solution to the problems in our nomic recovery. For these reasons, I nomic Stabilization Act of 2008, Congress in- housing markets. The other body urge Members to support S. 896. creased the coverage on FDIC and NCUSIF should, therefore, be commended for I would like to reserve the balance of insured accounts to $250,000 through Decem- rejecting attempts to add cramdown my time. ber 31, 2009. This change serves to maintain provisions to this legislation. Mr. FRANK of Massachusetts. Mr. public confidence in insured depository insti- Unfortunately, not all of the prob- tutions in the current economic environ- Speaker, I did want to respond, and I ment. S. 896 would extend the higher insur- lematic provisions have been removed appreciate the support from the gentle- ance level for four more years, to 2013. This from the bill. The majority continues woman for the bill. extension would ease confusion many credit to insist upon salvaging the failed With regard to the FHA, I just want unions and their members already have HOPE for Homeowners program. Last to read from the National Association about the pending sunset on December 31st. year HOPE for Homeowners was pro- of REALTORS letter because they, as NAFCU thanks you for your time and con- moted as a way to assist hundreds of much as any entity in this country, sideration regarding these matters. We urge thousands of homeowners to modify have an interest in a strong FHA. the House to vote ‘‘yes’’ and support S. 896 their mortgages. To date, the program Contrary to the wishes expressed by when it is considered on the suspension cal- has helped only a handful of distressed endar today. Should you have any questions the gentlewoman from West Virginia, or require any additional information please borrowers. S. 896 attempts to fix HOPE the REALTORS approve of the fact do not hesitate to contact me or Brad for Homeowners by increasing the tax- that we are improving the HOPE for Thaler, NAFCU’s Director of Legislative Af- payer subsidy for lenders seeking to Homeowners program. It says, ‘‘The fairs, at 703–522–4775, ext 204. offload their worst mortgages on the bill reforms the HOPE for Homeowners Sincerely, government. program, preserving benefits to home- B. DAN BERGER, Because mortgages modified under owners while limiting risks to the FHA Senior Vice President of Government Affairs. HOPE for Homeowners received an fund and the taxpayer. The bill also FHA guarantee, the inevitable losses strengthens oversight of FHA-approved NATIONAL ASSOCIATION that will result from defaults on many ® lenders to protect the FHA Fund and OF REALTORS of these mortgages will further under- Washington, DC, May 19, 2009. taxpayers from fraud and abuse.’’ mine, I believe, the solvency of that Hon. BARNEY FRANK, At the hearing that we had earlier House of Representatives, Rayburn House Office critical program. this year—and that was when the Bush It is important to note that the FHA Building, Washington, DC. administration was still in power—ca- is already under stress and that the De- DEAR CHAIRMAN FRANK: The 1.2 million reer employees of the FHA noted that partment of Housing and Urban Devel- members of the National Association of RE- they do not have, and will not have ALTORS® urge support of S. 896, the ‘‘Help- opment has made an unprecedented until this bill becomes law, the power ing Families Save Their Homes Act’’, which budget request of almost $800 million to prevent applicants for FHA funding passed the Senate on May 6, 2009 by a vote of to keep the FHA afloat. Perhaps a bet- who have a record of abuse from apply- 91–5. ter approach than trying to improve S. 896 includes a number of much-needed the HOPE for Homeowners program ing again. provisions to limit foreclosures and keep So at the initiative of the Committee would have been to end it altogether. families in their homes. The bill will expand on Financial Services, the gentle- loan modifications by providing a safe har- I’ve authored legislation that would provide the Department of Housing and woman from California (Ms. SPEIER) bor for mortgage servicers who conduct loan and the gentlewoman from California modifications in good faith. The bill reforms Urban Development with the ability to the Hope for Homeowners program, pre- set up a program to assist struggling (Ms. WATERS), we added that to this serving benefits to homeowners while lim- borrowers that gives the department language. iting risks to the FHA fund and the tax- much-needed flexibility to adjust to So what this bill includes is a very payer. The bill also strengthens oversight of market changes. Yet there are many important power for the FHA to debar, FHA-approved lenders to protect the FHA useful reforms in this legislation that to use the appropriate legal term, peo- fund and taxpayers from fraud and abuse. Fi- ple who have had a record of fraud. nally, the bill establishes a task-force to in- are worthy of Republican support. First, the Senate included provisions That’s one of the reasons why we think vestigate mortgage foreclosure fraud. that the FHA is strengthened by this NAR asks for your support of S. 896, which based on legislation by Dr. PAUL of this will allow more American families to avoid House that will greatly increase the bill. foreclosure and will help in our housing re- transparency and accountability of I reserve the balance of my time. covery. various Federal Reserve liquidity fa- Mrs. CAPITO. In response to the Sincerely, cilities and specific initiatives to res- chairman, we argued this in committee CHARLES MCMILLAN, CIPS, GRI, cue individual firms that the govern- over whether it was wise to throw a 2009 President, National Association of lifeline to HOPE for Homeowners or to ® ment has deemed too big to fail by giv- REALTORS . ing the GAO the statutory authority to re-create the program or a program, I reserve the balance of my time. audit these programs. and that’s why this legislation is im- Mrs. CAPITO. Mr. Speaker, I rise Second, the bill includes provisions portant because it does improve that. today in support of S. 896, the Helping to ease the crippling deposit insurance It does improve HOPE for Homeowners. Families Save Their Homes Act of 2009. premiums that community banks, But I would just like to note, to this As the chairman mentioned, it has banks and credit unions will otherwise date from October 1, 2008, to May 16, broad-based support from a lot of face in the coming months. 2009, we’ve only had 954 applications groups that have been working with And third, the Senate bill includes a and only 55 closings. And this is for a this bill. comprehensive reauthorization of the program that was sold to us basically

VerDate Nov 24 2008 04:13 May 20, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A19MY7.042 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5763 under the guise that it was going to nancial Services Subcommittee on for financial institutions, aim to stabilize insur- help 25,000, at least, homeowners. So Housing and Community Opportunity, ance fees and free up capital so they can lend far we’re looking at 55. I believe that the housing components to consumers and small businesses. In addi- b 1400 of this bill will be essential in helping tion, the bill increases Federal Reserve trans- families and communities. parency and TARP oversight—two very impor- At this point I would like to yield 2 I am especially pleased that the bill tant items for taxpayers. minutes to the gentlewoman from Kan- includes a provision I authored to en- Despite these good provisions in the bill, it sas, a great member of our committee. sure that the FHA loan programs are still falls short. To address these short- Ms. JENKINS. I rise today in support out of bounds for the very worst comings, I intended to offer a few bi-partisan of one provision in particular of the un- subprime lenders who created this amendments but was denied the opportunity. derlying bill which allows for increased mortgage mess in the first place. Mr. Speaker, I would like to insert the text of borrowing authority for the FDIC and S. 896 also includes legislation draft- these amendments for the RECORD and say a the NCUA. ed by my subcommittee to reauthorize few words. Community financial institutions in and expand the McKinney-Vento Home- First, the bill is too light on housing coun- Kansas are facing a sizable special as- lessness Assistance Program. Given the seling. Counselors are on the front lines of the sessment due to the deposit insurance increase in homelessness due to the foreclosure crisis and often the first place funds being drawn down with the fail- foreclosure crisis, inclusion of the homeowners turn to for help. Three hundred ure of numerous institutions across the McKinney-Vento legislation is both Members voted for this language, as part of Nation. Just last week I had a great timely and appropriate. In addition the H.R. 1728, to bolster HUD’s housing coun- opportunity to visit with several bank- bill includes vital protections for rent- seling programs, enhance program coordina- ers from across the State who were in ers facing evictions as a result of their tion, increase grants and streamline the proc- town with the Independent Community landlord’s foreclosure. ess, as well as launch a national outreach Bankers Association. Finally, I am pleased that I was able campaign. Growing up in rural Kansas, I know to work with Senator LEAHY on mak- My second amendment, cosponsored by Mr. full well the close-knit communities in ing improvements to the Neighborhood NEUGEBAUER, would have required HUD and which these and other financial insti- Stabilization Program in order to the Fed to coordinate efforts to produce com- tutions operate across eastern Kansas, allow States that receive the minimum patible and improved residential mortgage dis- faithfully investing the hard-earned allocation of funding to provide that closures. Consumers deserve nothing less. dollars of their neighbors to the better- funding to areas with homes at risk or Again, earlier this month, 300 Members voted ment of the community and the deposi- in foreclosure. for H.R. 1728, which contained the exact lan- tors. While I believe S. 896 is an important guage of this amendment. These bankers impressed upon me piece of legislation, I am disappointed Third, recent reports indicated that one in the need for this borrowing authority. that it does not include a House-passed fifty U.S. children is homeless, and during the With the special assessment as it is provision to allow judges to modify 2007–2008 school year, there was an 18 per- today, banks and credit unions face mortgages through bankruptcy. I am cent increase in the number of homeless stu- further hardship meeting regulatory concerned that without this provision, dents. Why? The rise in foreclosures and de- capital requirements and lending de- we may continue to see an increase in cline in jobs, but also—something fairly un- mands. However, the FDIC has indi- the number of foreclosures. known—some agencies can help all homeless cated that passage of increased bor- I support S. 896, the Helping Families kids, but HUD cannot. Does that make sense? rowing authority may result in a re- Save Their Homes Act of 2009. To help address this mismatch in programs, duction of this special assessment by And I would urge my colleagues to Ms. MCCARTHY, Mr. DAVIS, and I have an as much as half. This potential has my vote ‘‘yes.’’ amendment to allow HUD to provide homeless constituents asking this body and me Mrs. CAPITO. At this point, I have housing and services to all homeless children to pass this provision. no further speakers. I would just like who are already served by programs run by It is clear that recent institutional to reiterate my support for the bill, the Departments of Education, Health and failures have significantly increased and I yield back the balance of my Human Services, and Justice. Homeless kids losses of the insurance funds. However, time. should be our top priority. by and large, the financial institutions GENERAL LEAVE Thanks to concessions made by some of in my district did not cause this eco- Mr. FRANK of Massachusetts. Mr. my colleagues here and in the Senate, the un- nomic trauma. We must be careful that Speaker, I ask unanimous consent that derlying bill, S. 896, moves an inch to help these community institutions which all Members may have 5 legislative these kids, but it should move miles. serve so many folks are not unfairly days in which to revise and extend Speaking of miles, I would like to take a mo- saddled with higher premiums to com- their remarks and include extraneous ment to recognize a courageous, young man pensate for the mistakes of others. material on this legislation. who is fighting with us on this issue. On Sun- Mr. FRANK of Massachusetts. I yield The SPEAKER pro tempore. Is there day, USA Today reported that an 11-year old 3 minutes to the gentlewoman from objection to the request of the gen- boy from Florida, Zach Bonner, is hiking from California (Ms. WATERS), the chair- tleman from Massachusetts? Florida to Washington, DC, and collecting let- woman of the Housing Subcommittee There was no objection. ters from homeless kids on the way to deliver which played a major role in our ef- Mrs. BIGGERT. Mr. Speaker, I would like to to President Obama. Thank you, Zach. Keep forts to deal with this crisis. submit my entire statement for the RECORD. hiking. We’re with you. I hope that other Mem- Ms. WATERS. Thank you very much, Mr. Speaker, I’m disappointed that, at the last bers of Congress and this Administration can Mr. Chairman. minute, the Rules Committee cancelled its be so brave and fix the law to help homeless Mr. Speaker and Members, I would scheduled hearing on this bill, S. 896, pre- kids. first like to thank Chairman BARNEY venting Members from filing amendments to I hope my colleagues, in particular, Chair- FRANK for the leadership that he has improve it. man FRANK, will commit our Committee to provided on all of these issues related Let me start by saying that this bill has im- continue work on these very important mat- to this economic crisis that we have portant provisions that I support. It significantly ters. been confronted with. Some of these reforms homeless housing programs, in- AMENDMENT TO S. 896. OFFERED BY MRS. issues, not expected, were thrown into creases funds for housing counseling and to BIGGERT OF ILLINOIS his lap in an unusual way. And he has warn consumers about foreclosure rescue Page 86, after line 14, insert the following been able to guide our caucus in our scams, provides a safe harbor for servicers new title: House in ways that help to bring us to and enhances other programs to help qualified TITLE IX—OFFICE OF HOUSING the point of passing this kind of legis- homeowners save their homes. The bill cre- COUNSELING lation, the Helping Families Save ates a database on the root causes of fore- SEC. 901. EXPANSION AND PRESERVATION OF HOME OWNERSHIP THROUGH COUN- Their Homes Act of 2009. closures and authorizes a mortgage fraud task SELING. So I rise in support of S. 896, the force. Provisions to increase the FDIC and Title IV of H.R. 1728, An Act to amend the Helping Families Save Their Homes NCUA’s borrowing authority and extend the Truth in Lending Act to reform consumer Act of 2009. As chairwoman of the Fi- time needed to restore their insurance funds, mortgage practices and

VerDate Nov 24 2008 04:49 May 20, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.047 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5764 CONGRESSIONAL RECORD — HOUSE May 19, 2009 provide accountability for such practices, to period beginning on the date of the enact- (42 U.S.C. 5701 et seq.), or a designee of the provide certain minimum standards for such ment of this Act and ending upon issuance of director; consumer loans, and for other purposes, as proposed regulations pursuant to subsection ‘‘(C) under section 602 of the Individuals passed the House of Representatives on May (a), suspend implementation of any provi- with Disabilities Education Act (20 U.S.C. 7, 2009, is hereby enacted into law with the sions of the final rule referred to in para- 1401) by the director or the designee of such following amendments: graph (2) that would establish and imple- program, and the family of such child; or (1) In the paragraph added to section 106(a) ment a new standardized good faith estimate ‘‘(D) under section 637 of the Head Start of the Housing and Urban Development Act and a new standardized uniform settlement Act (42 U.S.C. 9832) by the director or des- of 1968 by the amendment made by section statement. Any such provisions shall be re- ignee of such program, and the family of 404 of such title, strike subparagraph (D). placed by the regulations issued pursuant to such child.’’. (2) Strike section 409 of such title. subsections (a) and (b). (2) 2008 rule.—The final rule referred to in Mr. BLUMENAUER. Mr. Speaker, in com- AMENDMENT TO S. 896. OFFERED BY MRS. this paragraph is the rule of the Department munities across the Nation, the scourge of BIGGERT OF ILLINOIS AND MR. NEUGEBAUER of Housing and Urban Development pub- foreclosure is a deepening problem. In Or- OF TEXAS lished on November 17, 2008, on pages 68204– egon, 3,388 homes went into foreclosure in Page 18, after line 2, insert the following 68288 of Volume 73 of the Federal Register March, a 107% increase over the number of (Docket No. FR–5180–F–03; relating to ‘Real new section: foreclosures in March 2008. Nationally, lend- SEC. 106. RESPA AND TILA DISCLOSURE IM- Estate Settlement Procedures Act (RESPA): PROVEMENT. Rule to Simplify and Improve the Process of ers filed foreclosure actions against more than (a) COMPATIBLE DISCLOSURES.—The Sec- Obtaining Mortgages and Reduce Consumer 340,000 properties in March alone. These fig- retary of Housing and Urban Development Settlement Costs’). ures helped make the first quarter of 2009 the and the Board of Governors of the Federal (d) IMPLEMENTATION.—The regulations re- worst on record for foreclosure activity. Reserve shall, not later than the expiration quired under subsection (a) shall take effect, I support this bill because it will equip home- of the 6-month period beginning upon the and shall provide an implementation date for owners and lenders with new and improved the new disclosures required under such reg- date of the enactment of this Act, jointly tools to combat foreclosures. It will help banks issue for public comment proposed regula- ulations, not later than the expiration of the tions providing for compatible disclosures 12-month period beginning upon the date of to increase their lending to small businesses for borrowers to receive at the time of mort- the enactment of this Act. and American consumers. While this bill is not gage application and at the time of closing. (e) FAILURE TO ISSUE COMPATIBLE DISCLO- a cure-all for our Nation’s economic troubles, (b) REQUIREMENTS.—Such disclosures SURES.—If the Secretary of Housing and it makes important contributions towards the shall— Urban Development and the Board of Gov- protection of American homeownership. (1) provide clear and concise information ernors of the Federal Reserve System cannot In particular, I support the bill’s modifications to borrowers on the terms and costs of resi- agree on compatible disclosures pursuant to dential mortgage transactions and mortgage subsections (a) and (b), the Secretary and the to the HOPE for Homeowners program, which transactions covered by the Truth in Lend- Board shall submit a report to the Congress, will ease restrictions on eligibility and enable ing Act (12 U.S.C. 1601 et seq.) and the Real after the 6-month period referred to in sub- refinancing of underwater mortgages for a Estate Settlement Procedures Act of 1974 (12 section (a), explaining the reasons for such greater number of borrowers. U.S.C. 2601 et seq.); disagreement. After the 15-day period begin- One major difference between this bill and (2) satisfy the requirements of section 128 ning upon submission of such report, the the one that the House passed in early March of the Truth in Lending Act (12 U.S.C. 1638) Secretary and the Board may separately and section 4 and 5 of the Real Estate Settle- issue for public comment regulations pro- is the judicial modification provision, missing ment Procedures Act of 1974; and viding for disclosures under the Real Estate from this bill. Allowing bankruptcy judges to (3) comprise early disclosures under the Settlement Procedures Act of 1974 and the modify principal balances of residential mort- Truth in Lending Act and the good faith es- Truth in Lending Act, respectively. Any gage loans is an important policy, and one timate disclosures under the Real Estate final disclosures as a result of such regula- which I continue to support. Settlement Procedures Act of 1974 and final tions issued by the Secretary and the Board It is only fair that Congress offer average Truth in Lending Act disclosures and the shall take effect on the same date, and not families the same alternative to foreclosure uniform settlement statement disclosures later than the expiration of the 12-month pe- under Real Estate Settlement Procedures riod beginning on the date of the enactment that has been available under the law for Act of 1974 and provide for standardization to of this Act. If either the Secretary or the many years to owners of vacation homes, in- the greatest extent possible among such dis- Board fails to act during such 12-month pe- vestment properties, private jets, and luxury closures from mortgage origination through riod, either such agency may act independ- yachts. Under such a provision, while some the mortgage settlement. ently and implement final regulations. mortgage lenders would not get every penny (4) shall include, with respect to a residen- (f) STANDARDIZED DISCLOSURE FORMS.— owed to them, on balance they would get tial home mortgage loan, a written state- (1) IN GENERAL.—Any regulations proposed more than if these families had no better ment of— or issued pursuant to the requirements of choice than to fall into foreclosure. (A) the principal amount of the loan; this section shall include model disclosure (B) the term of the loan; forms. Mr. SKELTON. Mr. Speaker, throughout this (C) whether the loan has a fixed rate of in- (2) OPTION FOR MANDATORY USE.—In issuing tough recession, Congress has been working terest or an adjustable rate of interest; proposed regulations under subsection (a), to reduce the length and severity of the eco- (D) the annual percentage rate of interest the Secretary of Housing and Urban Develop- nomic downturn and its impact on the Amer- under the loan as of the time of the disclo- ment and the Board of Governors of the Fed- ican people. While we have approved a num- sure; eral Reserve System shall include regula- (E) if the rate of interest under the loan ber of important bills in this area, let me share tions for the mandatory use of standardized my support today for S. 896, a bipartisan bill can adjust after the disclosure, for each such disclosure forms if they jointly determine possible adjustment— that it would substantially benefit the con- known as the Helping Families Save Their (i) when such adjustment will or may sumer. Homes Act. occur; and S. 896 is a balanced bill that will provide (ii) the maximum annual percentage rate AMENDMENT TO S. 896. OFFERED BY MRS. of interest to which it can be adjusted; tools and incentives to help reduce fore- BIGGERT OF ILLINOIS, MRS. MCCARTHY OF (F) the total monthly payment under the closures, will strengthen Federal protections NEW YORK, AND MR. DAVIS OF KENTUCKY loan (including loan principal and interest, against predatory lending, will establish the property taxes, and insurance) at the time of Page 91, line 3, strike ‘‘and’’. right of homeowners to know who owns their the disclosure; Page 91, line 19, strike the period and in- mortgage, and will give the Federal Housing (G) the maximum total estimated monthly sert ‘‘; and’’. Administration and USDA’s Rural Housing Page 91, after line 19, insert the following: maximum payment pursuant to each such Service legal flexibility to undertake loan modi- possible adjustment; ‘‘(7) a child or youth who has been verified (H) the total settlement charges in connec- as homeless— fications. Reducing foreclosures and stabilizing tion with the loan and the amount of any ‘‘(A) as such term is defined in section the housing market are key to turning around downpayment and cash required at settle- 725(2)(B)(i) of the McKinney-Vento Homeless America’s economy, which is why I am ment; and Assistance Act (42 U.S.C. 11434a(2)(B)(i)), by a pleased that S. 896 has been written with the (I) whether or not the loan has a prepay- local educational agency homeless liaison, support of both congressional Democrats and ment penalty or balloon payment and the designated pursuant to section 722(g)(1)(J)(ii) Republicans. terms, timing, and amount of any such pen- of the McKinney-Vento Homeless Assistance alty or payment. Act (42 U.S.C. 11432(g)(1)(J)(ii)), and the fam- While S. 896 will help to mend the ailing (c) SUSPENSION OF 2008 RESPA RULE.— ily of such child or youth; housing market, the bill is also good for small (1) REQUIREMENT.—The Secretary of Hous- ‘‘(B) by the director of a program funded town banks and for all Americans who keep ing and Urban Development shall, during the under the Runaway and Homeless Youth Act their savings in a bank or credit union.

VerDate Nov 24 2008 04:49 May 20, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 9920 E:\CR\FM\A19MY7.047 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5765 As some banks gambled and made risky steep decline in home prices, which is why Bowl Champion with the Pittsburgh Steelers loans to subprime borrowers, most small town Congress and President Obama are taking ac- in 1978; financial institutions played by the rules and tion. Whereas Tony Dungy, at the age of 25, be- came the youngest assistant coach, and at did not get caught up in the hazardous lending This legislation builds on the President’s the age of 28, became the youngest defensive behavior that is at the heart of our recession. comprehensive Homeowner Affordability and coordinator in NFL history; But, as larger banks have faltered, community Stability Plan, and provides key tools and in- Whereas Tony Dungy, in 1997, helped lead banks have been replenishing the deposit in- centives for lenders, servicers and home- the Tampa Bay Buccaneers to their first surance fund that protects investments owners to modify loans and to avoid fore- winning season since 1982; throughout the financial system. To strengthen closures. It bolsters important consumer rights Whereas Tony Dungy was the first African- the financial stability of community banks and to housing information and strengthens com- American head coach to win the Super Bowl credit unions, S. 896 increases the borrowing munity banks, which are crucial to small busi- by leading the Indianapolis Colts over the Chicago Bears in 2007; authority for FDIC and for the federal credit nesses and families across this nation. It also Whereas Tony Dungy is the first NFL head union regulator. These increases will help makes important improvements to the Hope coach to defeat all 32 NFL teams; level the playing field so community financial for Homeowners program, which was created Whereas Tony Dungy has been a remark- institutions are not stuck picking up the tab for by Congress to help those at risk of default able and upstanding member of the commu- their larger competitors. and foreclosure refinance into more affordable, nities of which he has been a part; And, to better protect deposits, S. 896 in- sustainable loans. Whereas Tony Dungy has been an advocate creases FDIC insurance protection for ac- Stabilizing the housing market is central to for the Christian faith and a mentor for counts holding up to $250,000. This action is restoring the American economy. By passing American youth; not only beneficial to depositors but also to Whereas Tony Dungy has acted as a public the Helping Families Save Their Homes Act of speaker for the Fellowship of Christian Ath- small town financial institutions that derive 2009, we are not just helping millions of fami- letes and Athletes in Action; their funding and lending ability from deposits. lies keep their homes—we are getting the Whereas Tony Dungy started Mentors for I urge my colleagues to support S. 896 and economy back on track and moving America Life, a mentoring program for young people hope the legislation, if passed, can be swiftly in a new direction. and provided participants with tickets to signed into law by the President. Mr. FRANK of Massachusetts. Mr. Buccaneers’ games; Mr. AL GREEN of Texas. Mr. Speaker, I am Speaker, I yield back the balance of Whereas Tony Dungy has supported nu- proud to support S. 896, the Helping Families my time. merous charitable programs and community Save Their Homes Act of 2009. I supported The SPEAKER pro tempore. The service organizations and remains actively H.R. 1106 when it left the House, and while involved in his communities in Tampa and question is on the motion offered by Indianapolis; lacking the provision to allow for judicial the gentleman from Massachusetts Whereas Tony Dungy was appointed by ‘‘cramdown,’’ I am pleased with many of the (Mr. FRANK) that the House suspend President George W. Bush to the President’s improvements that S. 896 brings. the rules and pass the Senate bill, S. Council on Service and Civil Participation in This bill reflects an affirmation of this legisla- 896, as amended. August of 2007; and tive body’s dedication to ensure that the Amer- The question was taken. Whereas Tony Dungy wrote a memoir ican dream of homeownership is not lost for The SPEAKER pro tempore. In the which reached No. 1 on the hardcover nonfic- millions of American families. The foreclosure opinion of the Chair, two-thirds being tion section of the New York Times Best crisis has devastated our economy and this Seller list on August 5, 2007, and again on in the affirmative, the ayes have it. September 9, 2007: Now, therefore, be it bill is another step towards stabilizing our Mr. FRANK of Massachusetts. Mr. Resolved, That the House of Representa- housing market and restoring confidence in Speaker, on that I demand the yeas tives— the American people. and nays. (1) congratulates Tony Dungy on his suc- S. 896 improves the HOPE for Homeowners The yeas and nays were ordered. cessful playing and coaching career and his- program, making it a more viable option for The SPEAKER pro tempore. Pursu- toric coaching accomplishments; and helping families sustain homeownership; it ant to clause 8 of rule XX and the (2) commends Tony Dungy for his compas- provides a safe harbor for those who would Chair’s prior announcement, further sion, integrity, and commitment to his faith, family, and community. engage in legitimate loan modifications or uti- proceedings on this motion will be lize the HOPE for Homeowners Program. The postponed. The resolution was agreed to. bill strengthens the FDIC and credit unions to A motion to reconsider was laid on ensure the availability of credit for consumers, f the table. which is crucial in this time of economic down- CONGRATULATING ANTHONY f turn. KEVIN ‘‘TONY’’ DUNGY FOR HIS S. 896 reauthorizes the McKinney-Vento ACCOMPLISHMENTS AS A COACH, HONORING KAREN BASS FOR BE- Homelessness Assistance Grants for the first FATHER, AND EXEMPLARY MEM- COMING THE FIRST AFRICAN- time in 20 years, and authorizes $2.2 billion BER OF HIS COMMUNITY AMERICAN WOMAN ELECTED for the programs for FY 2010 and 2011. It also SPEAKER OF THE CALIFORNIA Mr. FRANK of Massachusetts. Mr. provides funding to HUD to increase public STATE ASSEMBLY Speaker, I ask unanimous consent that awareness regarding foreclosure scams. the Committee on Oversight and Gov- Mr. FRANK of Massachusetts. Mr. Finally, the tenant protections included in ernment Reform be discharged from Speaker, I ask unanimous consent that the bill ensure that bona fide tenants are not further consideration of House Resolu- the Committee on Oversight and Gov- unfairly removed from their residences when tion 70 and ask for its immediate con- ernment Reform be discharged from foreclosures occur that they could not control. further consideration of House Resolu- Overcoming the foreclosure crisis and the sideration in the House. The Clerk read the title of the resolu- tion 49 and ask for its immediate con- damage that it has wrought will take time and sideration in the House. dedication. However, by passing the Helping tion. The SPEAKER pro tempore. Is there The Clerk read the title of the resolu- Families Save Their Homes Act, we are taking tion. a critical step forward in protecting the Amer- objection to the request of the gen- tleman from Massachusetts? The SPEAKER pro tempore. Is there ican homeowner. objection to the request of the gen- Mr. VAN HOLLEN. Mr. Speaker, today, I There was no objection. The text of the resolution is as fol- tleman from Massachusetts? rise in support of the Helding Families Save There was no objection. Their Homes Act, a bipartisan bill that will help lows: H. RES. 70 The text of the resolution is as fol- millions of American families avoid the night- lows: mare of foreclosure. Foreclosures cost an Whereas Tony Dungy attended the Univer- H. RES. 49 American family its home every 13 seconds, sity of Minnesota and became the school’s and negatively impact entire neighborhoods. leader in completions, touchdown passes and Whereas Karen Bass made history as the passing yards; first African-American woman to serve as Each foreclosed home reduces nearby prop- Whereas Tony Dungy received two ‘‘Most Speaker in a State legislative body in the erty values by as much as 9 percent, and the Valuable Player’’ awards from the Univer- United States; lack of property tax revenues can affect com- sity of Minnesota; Whereas Karen Bass was sworn in as the munity services and the quality of our schools. Whereas Tony Dungy continued his foot- 67th Speaker of the California State Assem- We all stand to lose if we do not stop the ball career in the NFL and became a Super bly on May 13, 2008;

VerDate Nov 24 2008 03:02 May 20, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A19MY7.050 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5766 CONGRESSIONAL RECORD — HOUSE May 19, 2009 Whereas Karen Bass was elected in 2005 to Altmire Diaz-Balart, M. Kingston Paulsen Ryan (WI) Teague represent California’s 47th Assembly Dis- Andrews Dicks Kirk Payne Salazar Terry trict; Arcuri Dingell Kirkpatrick (AZ) Pence Sanchez, Loretta Thompson (CA) Perlmutter Sarbanes Whereas Karen Bass represents Culver Austria Doggett Kissell Thompson (MS) Baca Donnelly (IN) Klein (FL) Perriello Scalise Thompson (PA) City, West Los Angeles, Westwood, Cheviot Bachmann Doyle Kline (MN) Peters Schakowsky Thornberry Hills, Ladera Heights, the Crenshaw District, Bachus Dreier Kosmas Peterson Schauer Tiahrt Little Ethiopia, Baldwin Hills, and parts of Baird Driehaus Kratovil Petri Schiff Tiberi Korea Town and South Los Angeles; Baldwin Duncan Kucinich Pingree (ME) Schmidt Tierney Whereas Karen Bass in her first term was Barrow Edwards (MD) Lamborn Pitts Schrader Titus appointed to Majority Whip; Bartlett Edwards (TX) Lance Platts Schwartz Tonko Barton (TX) Ehlers Langevin Poe (TX) Scott (GA) Towns Whereas Karen Bass in her second term Polis (CO) Scott (VA) was elevated to the post of Majority Floor Bean Ellison Larsen (WA) Tsongas Becerra Ellsworth Larson (CT) Pomeroy Sensenbrenner Leader, making her the first woman to hold Turner Berkley Emerson Latham Posey Serrano Upton Price (GA) Sessions the post and the second African-American to Berman Engel LaTourette Van Hollen Price (NC) Sestak serve in the position; Berry Eshoo Latta Vela´ zquez Putnam Shadegg Whereas Karen Bass founded and operated Biggert Etheridge Lee (CA) Visclosky Quigley Shea-Porter Community Coalition before becoming an Bilbray Fallin Lee (NY) Walden Radanovich Sherman Bilirakis Farr Levin Walz elected official, which is a community based Rahall Shimkus social justice organization in South Los An- Bishop (GA) Fattah Lewis (CA) Wamp Bishop (NY) Filner Lewis (GA) Rangel Shuler geles empowering people to make a dif- Wasserman Bishop (UT) Flake Linder Rehberg Shuster ference in the community; Reichert Simpson Schultz Blackburn Fleming Lipinski Waters Whereas Karen Bass graduated from Ham- Blumenauer Forbes LoBiondo Reyes Sires Richardson Skelton Watson ilton High School, California State Univer- Blunt Fortenberry Loebsack Watt sity at Dominquez Hills, and the University Boccieri Foster Lofgren, Zoe Rodriguez Slaughter Roe (TN) Smith (NE) Waxman of Southern California’s School Of Medicine; Boehner Foxx Lowey Weiner Bonner Frank (MA) Lucas Rogers (AL) Smith (NJ) and Rogers (KY) Smith (TX) Welch Whereas Karen Bass was raised in the Ven- Bono Mack Franks (AZ) Luetkemeyer Westmoreland Boozman Frelinghuysen Luja´ n Rogers (MI) Smith (WA) Rohrabacher Snyder Wexler ice/Fairfax area of Los Angeles with her par- Boren Fudge Lummis Rooney Souder Whitfield ents DeWitt and Wilhelmina Bass: Now, Boswell Gallegly Lungren, Daniel Ros-Lehtinen Space Wilson (OH) therefore, be it Boucher Garrett (NJ) E. Roskam Spratt Wilson (SC) Resolved, That the House of Representa- Boustany Gerlach Lynch Ross Stearns Wittman Boyd Giffords Mack tives— Rothman (NJ) Stupak Wolf Brady (TX) Gingrey (GA) Maffei (1) honors Karen Bass for becoming the Roybal-Allard Sullivan Woolsey Braley (IA) Gohmert Maloney first African-American woman Speaker of Royce Sutton Wu Bright Gonzalez Manzullo the California State Assembly; and Ruppersberger Tanner Yarmuth Broun (GA) Goodlatte Marchant Rush Tauscher Young (AK) (2) expresses support for the California Brown (SC) Gordon (TN) Markey (CO) Ryan (OH) Taylor Young (FL) State Assembly as it welcomes Karen Bass Brown, Corrine Granger Markey (MA) as its 67th Speaker. Brown-Waite, Graves Marshall NOT VOTING—10 Ginny Grayson Massa The resolution was agreed to. Barrett (SC) Honda Schock Buchanan Green, Al Matheson Brady (PA) Meeks (NY) Speier A motion to reconsider was laid on Burgess Green, Gene Matsui Cardoza Sa´ nchez, Linda the table. Burton (IN) Griffith McCarthy (CA) Stark Delahunt T. Butterfield Grijalva McCarthy (NY) f Buyer Guthrie McCaul b 1432 ANNOUNCEMENT BY THE SPEAKER Calvert Gutierrez McClintock Camp Hall (NY) McCollum So (two-thirds being in the affirma- PRO TEMPORE Campbell Hall (TX) McCotter tive) the rules were suspended and the Cantor Halvorson McDermott The SPEAKER pro tempore. Pursu- Cao Hare McGovern bill, as amended, was passed. ant to clause 8 of rule XX, proceedings Capito Harman McHenry The result of the vote was announced will resume on motions to suspend the Capps Harper McHugh as above recorded. rules previously postponed. Votes will Capuano Hastings (FL) McIntyre Carnahan Hastings (WA) McKeon The title was amended so as to read: be taken in the following order: Carney Heinrich McMahon ‘‘A bill to amend title 38, United States H.R. 1089 by the yeas and nays; Carson (IN) Heller McMorris Code, to provide for the enforcement S. 896 by the yeas and nays; Carter Hensarling Rodgers through the Office of Special Counsel Cassidy Herger McNerney H. Res. 360 by the yeas and nays. Castle Herseth Sandlin Meek (FL) of the employment and reemployment The first electronic vote will be con- Castor (FL) Higgins Melancon rights of veterans and members of the ducted as a 15-minute vote. Remaining Chaffetz Hill Mica Armed Forces employed by Federal ex- electronic votes will be conducted as 5- Chandler Himes Michaud Childers Hinchey Miller (FL) ecutive agencies, and for other pur- minute votes. Clarke Hinojosa Miller (MI) poses.’’. f Clay Hirono Miller (NC) A motion to reconsider was laid on Cleaver Hodes Miller, Gary the table. VETERANS EMPLOYMENT RIGHTS Clyburn Hoekstra Miller, George Coble Holden Minnick f REALIGNMENT ACT OF 2009 Coffman (CO) Holt Mitchell The SPEAKER pro tempore. The un- Cohen Hoyer Mollohan HELPING FAMILIES SAVE THEIR Cole Hunter Moore (KS) HOMES ACT OF 2009 finished business is the vote on the mo- Conaway Inglis Moore (WI) tion to suspend the rules and pass H.R. Connolly (VA) Inslee Moran (KS) The SPEAKER pro tempore. The un- 1089, as amended, on which the yeas Conyers Israel Moran (VA) finished business is the vote on the mo- Cooper Issa Murphy (CT) and nays are ordered. Costa Jackson (IL) Murphy (NY) tion to suspend the rules and pass the The Clerk will report the title of the Costello Jackson-Lee Murphy, Patrick Senate bill, S. 896, as amended, on bill. Courtney (TX) Murphy, Tim which the yeas and nays were ordered. The SPEAKER pro tempore. The Crenshaw Jenkins Murtha Crowley Johnson (GA) Myrick The Clerk read the title of the Senate question is on the motion offered by Cuellar Johnson (IL) Nadler (NY) bill. the gentleman from California (Mr. Culberson Johnson, E. B. Napolitano The SPEAKER pro tempore. The FILNER) that the House suspend the Cummings Johnson, Sam Neal (MA) question is on the motion offered by Dahlkemper Jones Neugebauer rules and pass the bill, H.R. 1089, as Davis (AL) Jordan (OH) Nunes the gentleman from Massachusetts amended. Davis (CA) Kagen Nye (Mr. FRANK) that the House suspend The vote was taken by electronic de- Davis (IL) Kanjorski Oberstar the rules and pass the Senate bill, S. vice, and there were—yeas 423, nays 0, Davis (KY) Kaptur Obey Davis (TN) Kennedy Olson 896, as amended. not voting 10, as follows: Deal (GA) Kildee Olver This will be a 5-minute vote. [Roll No. 270] DeFazio Kilpatrick (MI) Ortiz The vote was taken by electronic de- DeGette Kilroy Pallone vice, and there were—yeas 367, nays 54, YEAS—423 DeLauro Kind Pascrell Abercrombie Aderholt Akin Dent King (IA) Pastor (AZ) answered ‘‘present’’ 1, not voting 11, as Ackerman Adler (NJ) Alexander Diaz-Balart, L. King (NY) Paul follows:

VerDate Nov 24 2008 03:02 May 20, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\A19MY7.016 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5767 [Roll No. 271] Rooney Shuster Towns The SPEAKER pro tempore. The Ros-Lehtinen Simpson Tsongas YEAS—367 Roskam Sires Turner question is on the motion offered by Ross Skelton Upton the gentleman from California (Mr. Abercrombie Dreier Lewis (GA) Rothman (NJ) Slaughter Van Hollen Ackerman Driehaus Lipinski FILNER) that the House suspend the Roybal-Allard Smith (NE) Vela´ zquez Aderholt Edwards (MD) LoBiondo rules and agree to the resolution, H. Ruppersberger Smith (NJ) Visclosky Adler (NJ) Edwards (TX) Loebsack Rush Smith (TX) Walden Res. 360. Alexander Ehlers Lowey Ryan (OH) Smith (WA) Walz This will be a 5-minute vote. Altmire Ellison Lucas Salazar Snyder Wamp Andrews Ellsworth Luetkemeyer Sanchez, Loretta Souder Wasserman The vote was taken by electronic de- ´ Arcuri Emerson Lujan Sarbanes Space Schultz vice, and there were—yeas 422, nays 0, Austria Engel Lummis Scalise Spratt Waters not voting 11, as follows: Baca Eshoo Lungren, Daniel Schakowsky Stearns Watson Bachus Etheridge E. Schauer Sullivan Watt [Roll No. 272] Baird Fallin Lynch Schiff Sutton Waxman YEAS—422 Baldwin Farr Maffei Schmidt Tanner Weiner Barrow Fattah Maloney Schock Tauscher Welch Abercrombie Cooper Hill Bean Filner Manzullo Schrader Teague Wexler Ackerman Costa Himes Becerra Fleming Markey (CO) Schwartz Terry Wilson (OH) Aderholt Costello Hinchey Berkley Forbes Markey (MA) Scott (GA) Thompson (CA) Wilson (SC) Adler (NJ) Courtney Hinojosa Berman Fortenberry Marshall Scott (VA) Thompson (MS) Wittman Akin Crenshaw Hirono Berry Foster Massa Serrano Thompson (PA) Wolf Alexander Crowley Hodes Biggert Frank (MA) Matheson Sestak Tiahrt Woolsey Altmire Cuellar Hoekstra Bilbray Frelinghuysen Matsui Shea-Porter Tiberi Wu Andrews Culberson Holden Bilirakis Fudge McCarthy (CA) Sherman Tierney Yarmuth Arcuri Cummings Holt Bishop (GA) Gallegly McCarthy (NY) Shimkus Titus Young (AK) Austria Dahlkemper Honda Bishop (NY) Gerlach McCaul Shuler Tonko Young (FL) Baca Davis (AL) Hoyer Bishop (UT) Giffords McCollum Bachmann Davis (CA) Hunter Blumenauer Gonzalez McCotter NAYS—54 Bachus Davis (IL) Inglis Blunt Goodlatte McDermott Akin Gingrey (GA) Miller (FL) Baird Davis (KY) Inslee Boccieri Gordon (TN) McGovern Bachmann Gohmert Neugebauer Baldwin Deal (GA) Israel Boehner Granger McHugh Bartlett Hall (TX) Olson Barrow DeFazio Issa Bonner Graves McIntyre Barton (TX) Harper Paul Bartlett DeGette Jackson (IL) Bono Mack Grayson McKeon Blackburn Hensarling Pence Barton (TX) DeLauro Jackson-Lee Boozman Green, Al McMahon Brady (TX) Inglis Poe (TX) Bean Dent (TX) Boren Green, Gene McMorris Broun (GA) Issa Price (GA) Becerra Diaz-Balart, L. Jenkins Boswell Griffith Rodgers Burgess Johnson, Sam Radanovich Berkley Diaz-Balart, M. Johnson (GA) Boucher Grijalva McNerney Burton (IN) Jordan (OH) Rohrabacher Berman Dicks Johnson (IL) Boustany Guthrie Meek (FL) Campbell King (IA) Royce Berry Dingell Johnson, E. B. Boyd Gutierrez Meeks (NY) Conaway Kingston Sensenbrenner Biggert Doggett Johnson, Sam Braley (IA) Hall (NY) Melancon Culberson Lamborn Sessions Bilbray Donnelly (IN) Jones Bright Halvorson Mica Deal (GA) Linder Shadegg Bilirakis Doyle Jordan (OH) Brown (SC) Hare Michaud Duncan Lofgren, Zoe Stupak Bishop (GA) Dreier Kagen Brown, Corrine Harman Miller (MI) Flake Mack Taylor Bishop (NY) Driehaus Kanjorski Brown-Waite, Hastings (FL) Miller (NC) Foxx Marchant Thornberry Bishop (UT) Duncan Kaptur Ginny Hastings (WA) Miller, Gary Franks (AZ) McClintock Westmoreland Blackburn Edwards (MD) Kennedy Buchanan Heinrich Miller, George Garrett (NJ) McHenry Whitfield Blumenauer Edwards (TX) Kildee Butterfield Heller Minnick Blunt Ehlers Kilpatrick (MI) Calvert Herger Mitchell ANSWERED ‘‘PRESENT’’—1 Boccieri Ellison Kilroy Camp Herseth Sandlin Mollohan Kaptur Boehner Ellsworth Kind Cantor Higgins Moore (KS) Bonner Emerson King (IA) Cao Hill Moore (WI) NOT VOTING—11 Bono Mack Engel King (NY) Capito Himes Moran (KS) Barrett (SC) Delahunt Sa´ nchez, Linda Boozman Eshoo Kingston Capps Hinchey Moran (VA) Brady (PA) Diaz-Balart, M. T. Boren Etheridge Kirk Capuano Hinojosa Murphy (CT) Buyer Honda Speier Boswell Fallin Kirkpatrick (AZ) Carnahan Hirono Murphy (NY) Cardoza Ryan (WI) Stark Boucher Farr Kissell Carney Hodes Murphy, Patrick Boustany Fattah Klein (FL) Carson (IN) Hoekstra Murphy, Tim ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Boyd Filner Kline (MN) Carter Holden Murtha The SPEAKER pro tempore (during Brady (TX) Flake Kosmas Cassidy Holt Myrick Braley (IA) Fleming Kratovil Castle Hoyer Nadler (NY) the vote). There are 2 minutes remain- Bright Forbes Kucinich Castor (FL) Hunter Napolitano ing. Broun (GA) Fortenberry Lamborn Chaffetz Inslee Neal (MA) Brown (SC) Foster Lance Chandler Israel Nunes b 1441 Brown, Corrine Foxx Langevin Childers Jackson (IL) Nye So (two-thirds being in the affirma- Brown-Waite, Frank (MA) Larsen (WA) Clarke Jackson-Lee Oberstar Ginny Franks (AZ) Larson (CT) Clay (TX) Obey tive) the rules were suspended and the Buchanan Frelinghuysen Latham Cleaver Jenkins Olver Senate bill, as amended, was passed. Burgess Fudge LaTourette Clyburn Johnson (GA) Ortiz The result of the vote was announced Burton (IN) Gallegly Latta Coble Johnson (IL) Pallone as above recorded. Butterfield Garrett (NJ) Lee (CA) Coffman (CO) Johnson, E. B. Pascrell Buyer Gerlach Lee (NY) Cohen Jones Pastor (AZ) A motion to reconsider was laid on Calvert Giffords Levin Cole Kagen Paulsen the table. Camp Gingrey (GA) Lewis (CA) Connolly (VA) Kanjorski Payne Stated against: Campbell Gohmert Lewis (GA) Conyers Kennedy Perlmutter Mr. RYAN of Wisconsin. Mr. Speaker, on Cantor Gonzalez Linder Cooper Kildee Perriello Cao Goodlatte Lipinski Costa Kilpatrick (MI) Peters rollcall No. 271 I was unavoidably detained. Capito Gordon (TN) LoBiondo Costello Kilroy Peterson Had I been present, I would have voted ‘‘nay.’’ Capuano Granger Loebsack Courtney Kind Petri f Carnahan Graves Lofgren, Zoe Crenshaw King (NY) Pingree (ME) Carney Grayson Lowey Crowley Kirk Pitts PERSONAL EXPLANATION Carson (IN) Green, Al Lucas Cuellar Kirkpatrick (AZ) Platts Carter Green, Gene Luetkemeyer Cummings Kissell Polis (CO) Mr. HONDA. Mr. Speaker, on rollcall Nos. Cassidy Griffith Luja´ n Dahlkemper Klein (FL) Pomeroy 270 and 271, had I been present, I would Castle Grijalva Lummis Davis (AL) Kline (MN) Posey have voted ‘‘yea.’’ Castor (FL) Guthrie Lungren, Daniel Davis (CA) Kosmas Price (NC) Chaffetz Gutierrez E. Davis (IL) Kratovil Putnam f Chandler Hall (NY) Lynch Davis (KY) Kucinich Quigley URGING VISITS TO CEMETERIES Childers Hall (TX) Mack Davis (TN) Lance Rahall Clarke Halvorson Maffei DeFazio Langevin Rangel ON MEMORIAL DAY Clay Hare Maloney DeGette Larsen (WA) Rehberg The SPEAKER pro tempore. The un- Cleaver Harman Manzullo DeLauro Larson (CT) Reichert Clyburn Harper Marchant Dent Latham Reyes finished business is the vote on the mo- Coble Hastings (FL) Markey (CO) Diaz-Balart, L. LaTourette Richardson tion to suspend the rules and agree to Coffman (CO) Hastings (WA) Markey (MA) Dicks Latta Rodriguez the resolution, H. Res. 360, on which Cohen Heinrich Marshall Dingell Lee (CA) Roe (TN) the yeas and nays were ordered. Cole Hensarling Massa Doggett Lee (NY) Rogers (AL) Conaway Herger Matheson Donnelly (IN) Levin Rogers (KY) The Clerk read the title of the resolu- Connolly (VA) Herseth Sandlin Matsui Doyle Lewis (CA) Rogers (MI) tion. Conyers Higgins McCarthy (CA)

VerDate Nov 24 2008 03:21 May 20, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A19MY7.036 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5768 CONGRESSIONAL RECORD — HOUSE May 19, 2009 McCarthy (NY) Petri Sires 6, 2009, the Chair announces the Speak- partisan Congressional Budget Office McCaul Pingree (ME) Skelton er’s appointment of the following Mem- estimated such a plan would increase McClintock Pitts Slaughter McCollum Platts Smith (NE) bers of the House to the Commission on the average household’s electric bill by McCotter Poe (TX) Smith (NJ) Security and Cooperation in Europe: $1,600 per year. McDermott Polis (CO) Smith (TX) Mr. HASTINGS, Florida, co-chairman Since the bill requires no concessions McGovern Pomeroy Smith (WA) Mr. MARKEY, Massachusetts from developing countries, businesses McHenry Posey Snyder McHugh Price (GA) Souder Ms. SLAUGHTER, New York like Eastman in Kingsport, Tennessee, McIntyre Price (NC) Space Mr. MCINTYRE, North Carolina who are engaged in a tooth-and-nail McKeon Putnam Spratt Mr. BUTTERFIELD, North Carolina McMahon Quigley competition with China, can’t pass in- Stearns McMorris Radanovich Mr. SMITH, New Jersey creased energy costs on to consumers Stupak Rodgers Rahall Mr. ADERHOLT, Alabama Sullivan and maintain their market share, McNerney Rangel Mr. PITTS, Pennsylvania which means that employees could lose Meek (FL) Rehberg Sutton Meeks (NY) Reichert Tanner Mr. ISSA, California their jobs if this bill passes. Melancon Reyes Tauscher f I urge those on the other side of the Mica Richardson Taylor aisle not to sacrifice two good-paying Teague ENHANCED OVERSIGHT OF STATE Michaud Rodriguez American manufacturing jobs to create Miller (FL) Roe (TN) Terry AND LOCAL ECONOMIC RECOV- one ‘‘green’’ job. Miller (MI) Rogers (AL) Thompson (CA) ERY ACT Miller (NC) Rogers (KY) Thompson (MS) f Miller, Gary Rogers (MI) Thompson (PA) (Mr. CONNOLLY of Virginia asked Miller, George Rohrabacher Thornberry and was given permission to address PASSAGE OF HELPING FAMILIES Minnick Rooney Tiahrt SAVE THEIR HOMES ACT Mitchell Ros-Lehtinen Tiberi the House for 1 minute and to revise Mollohan Roskam Tierney and extend his remarks.) (Ms. MOORE of Wisconsin asked and Moore (KS) Ross Titus Mr. CONNOLLY of Virginia. Mr. was given permission to address the Moore (WI) Rothman (NJ) Tonko Speaker, I rise to thank my colleagues House for 1 minute and to revise and Moran (KS) Roybal-Allard Towns Moran (VA) Royce Tsongas for favorable consideration of H.R. 2182, extend her remarks.) Murphy (CT) Ruppersberger Turner the Enhanced Oversight of State and Ms. MOORE of Wisconsin. Mr. Speak- Murphy (NY) Rush Upton Local Economic Recovery Act. I was er, I am so pleased that Senate bill S. Murphy, Patrick Ryan (OH) Van Hollen pleased to cosponsor this legislation, 896 included the first major reauthor- Murphy, Tim Ryan (WI) Visclosky Murtha Salazar Walden which was introduced by the chairman ization of the McKinney-Vento home- Myrick Sanchez, Loretta Walz of the Oversight and Government Re- lessness bill. I have worked diligently Nadler (NY) Sarbanes Wamp form Committee. Napolitano Scalise on this bill with Representative WA- Wasserman Neal (MA) Schakowsky At a hearing of that committee, we TERS for over a year, particularly on Schultz Neugebauer Schauer Waters learned that dedicated oversight fund- provisions that would expand the defi- Nunes Schiff Watson ing for State and local governments nition of homelessness and give agen- Nye Schmidt Oberstar Schock Watt could improve oversight of money ap- cies more flexibility so that they could Obey Schrader Waxman propriated through the American Re- assist folks who are at risk of becom- Olson Schwartz Weiner covery and Reinvestment Act. Subse- ing homeless within 14 days. Olver Scott (GA) Welch quently, I introduced legislation, H.R. A Ortiz Scott (VA) Westmoreland I want to thank Congresswoman W - Pallone Sensenbrenner Wexler 1911, which would provide for that over- TERS, Congressman FRANK for their Pascrell Serrano Whitfield sight funding within the Recovery Act. leadership, also to thank Representa- Wilson (OH) Pastor (AZ) Sessions H.R. 2182 incorporates the objectives tive BIGGERT, Representative JEFF Paul Sestak Wilson (SC) Paulsen Shadegg Wittman of that bill and will provide additional DAVIS and Representative ANDRE CAR- Payne Shea-Porter Wolf certainty that money spent through SON. Pence Sherman Woolsey the economic stimulus is spent wisely. Too many families in today’s reces- Perlmutter Shimkus Wu This local and State funding represents sion are just one paycheck away from Perriello Shuler Yarmuth Peters Shuster Young (AK) some of the most important stimulus making their rent, and we have seen Peterson Simpson Young (FL) funding, because it is protecting the hundreds of thousands of foreclosures, NOT VOTING—11 jobs of teachers, firefighters, police of- many more expected this year. These ficers, as well as essential human serv- families are also at grave risk of be- Barrett (SC) Delahunt Stark Brady (PA) Heller Vela´ zquez ices, across the country. coming homeless. Capps Sa´ nchez, Linda I commend Chairman TOWNS for his This provision also will serve victims Cardoza T. leadership and commend my colleagues of domestic violence trying to flee Davis (TN) Speier for the passage of H.R. 2182. their abusers. It will allow families to ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE f seek emergency shelter due to the im- The SPEAKER pro tempore (during minent loss of their housing. It gives DON’T SACRIFICE TWO GOOD-PAY- the vote). There are 2 minutes remain- local homeless agencies greater re- ING AMERICAN MANUFACTURING ing in this vote. sources and flexibility. JOBS TO CREATE ONE ‘‘GREEN’’ b 1449 JOB f So (two-thirds being in the affirma- (Mr. ROE of Tennessee asked and was REMEMBERING THE LIFE OF tive) the rules were suspended and the given permission to address the House COACH CHUCK DALY resolution was agreed to. for 1 minute and to revise and extend (Mr. THOMPSON of Pennsylvania The result of the vote was announced his remarks.) asked and was given permission to ad- as above recorded. Mr. ROE of Tennessee. Mr. Speaker, dress the House for 1 minute and to re- A motion to reconsider was laid on this week the House Democrats on the vise and extend his remarks.) the table. Energy and Commerce Committee are Mr. THOMPSON of Pennsylvania. Stated for: marking up a more aggressive cap-and- Mr. Speaker, today I honor a man who Mrs. CAPPS. Mr. Speaker, on rollcall No. tax bill than what even the President held his first position as a head coach 272, had I been present, I would have voted had proposed. On the campaign trail at Punxsutawney High School in my ‘‘yea.’’ last year, the President said his plan district, coaching the Chucks. You will f would cause electric rates to sky- recognize the name of this coach, rocket, and the bill being considered Chuck Daly, and realize some of his APPOINTMENT OF MEMBERS TO this week will cause electric utilities fame came much later when he led the COMMISSION ON SECURITY AND even more disruption than what the Detroit Pistons to two National Bas- COOPERATION IN EUROPE President proposed. ketball Association titles. The SPEAKER pro tempore (Mr. Individuals and businesses every- This is a man who was voted one of CUELLAR). Pursuant to 22 U.S.C. 3003, where need to start paying attention to the 10 greatest coaches of the NBA’s and the order of the House of January the threat this bill poses. The non- first half century in 1996, 2 years after

VerDate Nov 24 2008 03:21 May 20, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A19MY7.033 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5769 being inducted into the Basketball Hall But not to be bothered by it, the left little the Federal Government does of Fame. He was the first basketball is going to continue with their cap- send to Texas and other border States, coach to win both NBA and Olympic ti- and-tax proposal, reducing emissions to thus making the cost of border crime tles, and he led the Dream Team to 80 percent of what they were in Amer- the responsibility of State govern- gold in the 1992 Olympics. ica in 1910, when we had 92 million ments rather than the Federal Govern- Daly, who died May 9 at the age of 78 Americans. And what’s it going to cost ment. in Jupiter, Florida, will be honored by you taxpayers? $1,500 a household, be- Texas Governor Rick Perry today basketball legends and eulogized by cause do you think your good old sent a letter to the President asking members of professional teams. friendly utility and gas company is him to reconsider cutting the SCAAP But in Pennsylvania, we remember just going to absorb this new tax on program. As a practical matter, I side that he was born in St. Mary’s, Penn- them? Of course not. with the notion the Federal budget sylvania, attended Kane Area High Businesses aren’t going to pay taxes should be cut. There’s enough waste in School and Bloomsburg State. We re- over the long run. It’s a function of the budget this year to keep the bu- member that he led Pennsylvania Uni- cost, which is going to be passed on to reaucrats busy for years trying to weed versity to a 125–38 record in six seasons. the consumer; $1,500 per household, and it all out. But this is not an example of In short, today we honor a hometown they’re going to exclude nuclear energy wasteful spending, far from it. This ex- boy. which is good enough for four out of pense is because the Federal Govern- f five houses in France but not here in ment refuses to secure the borders and, the Obama administration and the thus, border States are stuck with the NEW MILEAGE STANDARDS America that they want it to be. cost of crime created by foreign nation- (Mr. QUIGLEY asked and was given f als and housing them after they are permission to address the House for 1 convicted. minute and to revise and extend his re- b 1500 The Texas Department of Criminal marks.) SPECIAL ORDERS Justice reports it cost Texas taxpayers Mr. QUIGLEY. Mr. Speaker, I wish to $143 million to keep over 13,000 crimi- thank President Obama for announcing The SPEAKER pro tempore. Under nal aliens in Texas prisons just last new mileage standards which will re- the Speaker’s announced policy of Jan- year. These are major crimes. These duce carbon emissions 30 percent by uary 6, 2009, and under a previous order are felonies. The SCAAP program the 2016 and reduce our dependence on for- of the House, the following Members bureaucrats want to eliminate only eign oil. will be recognized for 5 minutes each. paid $18 million of these costs. These Another great Chicagoan, Daniel f criminal aliens serving time in Texas Burnham, once said, ‘‘Make no little FOREIGN NATIONALS IN STATE are not there for an overnight stay. plans; they have no magic to stir men’s PRISONS COST TOO MUCH They are in prison for violent crimes blood.’’ like rape, murder, kidnapping, and Well, now is the time for us to make The SPEAKER pro tempore. Under a child abuse. Instead of eliminating the big plans on behalf of generations we previous order of the House, the gen- Federal program that helps pay for will never live to see. Now is the time tleman from Texas (Mr. POE) is recog- these costs, it ought to be expanded, or to broaden our attention span beyond nized for 5 minutes. the Federal Government should take the next election cycle. Now is the Mr. POE of Texas. Mr. Speaker, we these prisoners. time to think about those who can’t have talked a lot about the different Here’s an idea. How about we send vote yet but will have to breathe the entities that don’t pay their bills, but these criminal aliens to the Federal fa- air, drink the water, and pay the debts the U.S. Federal Government is also a cility in Gitmo? I hear there may be we leave behind. Now is the time to culprit that does not pay its bills. Let some room in that facility soon. It’s a work together to make big plans on ro- me explain. nice place as far as Federal prisons go. bust climate change based on verifica- The 9/11 Families for a Secure Amer- I’ve been there and have seen it for my- tion, sustainability, and renewable en- ica Organization say that 32 percent of self. They play soccer. They have hot ergy. all people incarcerated in the United meals that are fit for a Sunday dinner As we think about what to do with States for crimes other than immigra- table. There’s plenty of sunshine and our time here in Congress, let me leave tion violations are in the United States fresh air, quite a step up from the over- you with an old Irish blessing: May illegally! With Texas being a border crowded prisons in Texas and other there be a generation of children, on State, we get a lot more of these crimi- border States. the children of your children. nals in our jails than the rest of the Or we should charge foreign coun- f country. tries the costs of housing their citizens The administration wants to elimi- that are illegally in the United States GLOBAL WARMING JUST ISN’T nate a program that helps Texas pay that have committed felonies. If they PANNING OUT THE WAY THE for keeping these criminals in jail. It’s won’t pay up, we can cut off their visas LEFT THOUGHT IT WOULD BE called the SCAAP program. We have until they do pay up. Or, in most cases, (Mr. KINGSTON asked and was given porous borders because the Federal we should just deduct the cost of hous- permission to address the House for 1 Government does not secure those bor- ing these criminal foreign nationals minute and to revise and extend his re- ders. When a criminal alien sneaks into from the foreign aid we send that coun- marks.) the United States, commits a crime, try. Mr. KINGSTON. The icon on the left, the State government must be finan- State citizens have paid enough to a Al Gore, spent millions of dollars, of cially responsible for the capture and system that houses foreign nationals in course of other people’s money, talking trial of that individual, not the Federal our prisons that have committed to everybody about global warming. Government, even though border secu- crimes in the United States. Foreign And it was embraced with great pas- rity is a Federal responsibility. That countries should pay for the crime of sion by the left, global warming, global forces Texas to foot the bill for their their nationals, or our Federal Govern- warming, global warming. But then medical care and feeding them and ment should pay. And since we’re when their own scientists peeled off housing them in jail. Sometimes Texas strapped right now because of the Fed- and said it doesn’t look like it’s going taxpayers are on the hook for paying eral tax and borrow and spend and to quite trend the way we think it is, for their lawyer and other related spend program, we should even con- what did they do? They pivoted. Well, costs. sider deducting our cost of the annual they just mean climate change in gen- The State Criminal Alien Assistance dues to the United Nations to pay for eral. I say that as somebody who rode Program, the SCAAP Program, doesn’t incarceration of foreign nationals that his bike to work today, 49 degrees in even come close to covering the cost of have committed crimes in the United the middle of May. I guess the global keeping these criminal aliens in Texas States. Now, there’s a plan that might warming just isn’t panning out the way prisons, but it helps. However, the ad- work. it should be. ministration wants to take away what And that’s just the way it is.

VerDate Nov 24 2008 03:21 May 20, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.062 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5770 CONGRESSIONAL RECORD — HOUSE May 19, 2009 The SPEAKER pro tempore. Under a lending in the late 1990s, then acquired PANAMA FREE TRADE previous order of the House, the gentle- by Cerberus, their fate was sealed. AGREEMENT woman from California (Ms. WOOLSEY) Chrysler Financing is now subsumed The SPEAKER pro tempore. Under a is recognized for 5 minutes. under Cerberus, too, as has been GMAC previous order of the House, the gen- (Ms. WOOLSEY addressed the House. for quite a while. tleman from North Carolina (Mr. Her remarks will appear hereafter in It is true that the public wanted JONES) is recognized for 5 minutes. the Extensions of Remarks.) more energy-efficient vehicles, and the Mr. JONES. Mr. Speaker, I rise today f Big Three failed to produce them. How- to discuss the proposed United States- WALL STREET ROUND 2: HEART- ever, this goes back to management Panama Free Trade Agreement. LAND INDUSTRIALISTS VS. who were in cahoots with Wall Street It is very disappointing to see that WALL STREET FINANCIERS and the role of Big Oil. the President intends to follow the bro- You can look at all of the green pat- ken trade agreement of the previous The SPEAKER pro tempore. Under a ents that these firms filed, evidence of administration by pushing Congress to previous order of the House, the gentle- the industrial people, men and women approve the Panama Free Trade Agree- woman from Ohio (Ms. KAPTUR) is rec- inside these companies trying to beat ment. ognized for 5 minutes. back the Wall Street house. We’ve had 15 years of the ‘‘NAFTA- Ms. KAPTUR. Mr. Speaker, who Why, in Europe, are the majority of based’’ trade model on which the Pan- thrust Chrysler into bankruptcy? A few cars diesel, but not here? ama agreement is based, and the re- Wall Street investors who wanted more Why, in Brazil, are flex-fuel vehicles sults are in. We now have a $127 billion return on their investment as opposed made by GM the norm but not here? annual trade deficit with Mexico and to taking the government’s deal. I will tell you why. Because lots of the other 15 nations with which we Who can’t get loans to pay their em- people made money off the ‘‘gas hog’’ have free trade agreements. Since the ployees or retool their businesses in cars of America. Global oil companies passage of NAFTA, the United States this new economy? Heartland industri- certainly did. And as oil companies has lost over 4.5 million manufacturing alists. jobs, over 364,000 in my home State of Throughout our country, and espe- merged and went global, many Arab sheiks got filthy rich by recirculating North Carolina alone. cially in regions where manufacturing We’re in the worst recession since the built the middle class, the credit crisis their petro dollars through, guess where, our own Wall Street houses. Great Depression. Unemployment is has subjugated production to Wall rising and may soon be over 10 percent. Street financiers. The warning signs Their wealth grew so huge they con- stitute one-seventh of reinvested global The last thing this country needs is an- were present when the Big Three auto- other free trade agreement that will makers were changed from production capital that today props up our econ- omy. cause more good-paying American jobs companies to cash cows and trans- to be outsourced. But sadly, that’s ex- This goes way back to the time of formed into financing companies back actly what the Panama agreement will Richard Nixon and Secretary of State in the 1990s. do. Henry Kissinger, whose secret U.S.- In Toledo, Ohio, automobile produc- Why is that the case? One of the pri- Saudi agreements were signed through tion started 100 years ago when John mary reasons is because the deal fails the Treasury to denominate Middle North Willys bought the Pope Motor to level the playing field for U.S. pro- East oil sales in dollars, thus assuring Company factory and started turning ducers. Let me give you one product as petro dollar reinvestment in this coun- out automobiles in our region. an example: seafood. When General George Marshall or- try’s financial system and saddling the One of the biggest industries in my dered production of a rough-and-ready American people with gas hogs for district is commercial fishing. The sec- vehicle for American troops to win years to come, because gas hogs meant tor has been hammered by a flood of World War II, Willys won the competi- more oil sales. The more oil sold, the imports from overseas, including Pan- tion, and we made hundreds of thou- more Wall Street got petro dollars to ama. Panama’s number one export to sands of Jeeps in Toledo, and we con- recirculate. the United States is fish and seafood. tinue to do that today. Toledo workers Gradually, we became more and more They export over $100 million worth of make the best-known brand in the embroiled in the Middle East, where fish and seafood to the United States world. our troops stand today, over 150,000 of each year. That’s more than 50 times Control of Chrysler, however, went to them. And more energy-efficient cars the amount that the United States ex- Daimler, and then to an uncaring would mean less deployment of U.S. ports to Panama. Their top exports in- hedge fund known as Cerberus. troops to places they shouldn’t be in clude products that compete with sea- Who is Cerberus? No one knows. the first place. But Wall Street doesn’t food caught by North Carolina fisher- Worse yet, Cerberus even has a seat on like that game. They’d lose too much men, including shrimp and yellow fin the trust created to handle the United money and their greed would not be tuna. Auto Workers’ 55 percent investment fed. With the Panamanians already hav- in Chrysler. But the UAW doesn’t even Beyond diminishing our Nation’s in- ing a huge advantage over United have a seat, and it’s their money. novation, this dependence also wed our States fishermen in terms of balance of Wall Street, again, will call the country to a diminishing resource trade, one would think that the least shots, not the people whose money found in these unstable, undemocratic that the United States negotiators they hold. nations. For too long, it is has com- could insist upon would be a level play- By the late 1990s, the auto companies promised the integrity of the industrial ing field so that our fishermen could were profitable on paper, but only might of regions like I represent in a have the same ability to access the through their financing arms, because critical sector of our economy, as well Panamanian market as their fishermen their Wall Street handlers had rigged as our defense base. have to our markets. Sadly, that is not the Tax Code, through this place, to What great industrial Nation does the case. benefit car leasing, fleet leasing, and not have a thriving automotive and ve- According to the United States Inter- financial activities. And you can trace hicular sector? national Trade Administration, ‘‘while the recent demise of GM and Chrysler, Wall Street continues to sell out our 100 percent of U.S. imports from Pan- discounting the equally devastating heartland. Let me repeat that. Wall ama will receive duty-free treatment trade and tax policies that bore down Street continues to sell out our heart- immediately upon implementation of on them, to the year that they became land, sell out our companies, sell out the agreement, only 82 percent of U.S. financing companies, not production our workers. I hope the American peo- exports to Panama will receive duty- companies. ple begin paying attention to whom free treatment immediately upon im- Wall Street started to accumulate really has the reins of power in this plementation.’’ Duties on most of the and milk the wealth of these firms. country, and it’s time the American remaining 18 percent of U.S. exports to When GMAC became a mortgage lender people reassumed that power to them- Panama would not be eliminated for 10 and sucked into Wall Street’s subprime selves. years.

VerDate Nov 24 2008 03:21 May 20, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.064 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5771 Now, how is that a level playing mediocracy; socialism to save cap- tleman from Kansas (Mr. MORAN) is field? The simple answer is it is not a italism; a government out of control, recognized for 5 minutes. level playing field, and the unfortunate unrestrained by the Constitution, the Mr. MORAN of Kansas. The secret result of provisions like this would be rule of law, or morality; bickering over ballot is fundamental to free and fair the loss of even more United States petty politics as we collapse into elections—and they’re the hallmark of jobs. chaos; the philosophy that destroys us the democratic process. Most every Mr. Speaker, poorly negotiated trade is not even defined. time Americans go to the polls to vote, deals with Panama are one of the main We have broken from reality—a psy- they do so by the means of a secret bal- reasons our country finds its produc- chotic Nation. Ignorance with a pre- lot. Secret ballots protect the voter’s tion base shriveling, our unemploy- tense of knowledge replacing wisdom. privacy and allow the individual to ment rolls rising, and our economy in Money does not grow on trees, nor does vote his or her conscience without fear shambles. prosperity come from a government of reprisal from those who disagree Passing this agreement is bad for printing press or escalating deficits. with the voter’s decision. America, especially at this perilous We’re now in the midst of unlimited As a Nation, we celebrate when the economic time, and I would encourage spending of the people’s money, exorbi- citizens of other countries who were this administration to rethink its posi- tant taxation, deficits of trillions of previously denied to vote in free and tion before it asks Congress to approve dollars—spent on a failed welfare/war- fair elections are finally able to do so. this Panamanian trade agreement. fare state; an epidemic of cronyism; We watched with pride several years Mr. Speaker, with that, before I unlimited supplies of paper money ago as Iraqis braved terrorist threats close, I do want to ask God to continue equated with wealth. to cast their vote by secret ballot. A central bank that deliberately de- Mr. Speaker, if the secret ballot is to bless our men and women in uniform stroys the value of the currency in se- used by Americans in local, State, and in Afghanistan and Iraq. I want to ask crecy, without restraint, without nary Federal elections, if the secret ballot is God to please bless the families who a whimper. Yet, cheered on by the used by citizens of other nations for have given a child dying for freedom in pseudo-capitalists of Wall Street, the which American soldiers have sac- Afghanistan and Iraq. And I close by military industrial complex, and De- rificed, don’t American workers also asking God to give wisdom and troit. deserve this fundamental right? strength to the President of the United We police our world empire with If you can ask Kansans, they will States. And I ask God to continue to troops on 700 bases and in 130 countries say, Yes, workers do deserve the right bless America. around the world. A dangerous war now to a secret ballot election. A recent f spreads throughout the Middle East poll found that 65 percent of Kansans b 1515 and Central Asia. Thousands of inno- surveyed believe that the secret ballot cent people being killed, as we become should remain in use for union orga- The SPEAKER pro tempore. Under a known as the torturers of the 21st cen- nizing. previous order of the House, the gentle- tury. Yet, despite the centrality of the se- woman from California (Ms. WATSON) is We assume that by keeping the al- cret ballot to our conception of fair- recognized for 5 minutes. ready-known torture pictures from the ness and public support for its use, (Ms. WATSON addressed the House. public’s eye, we will be remembered many in Congress are pushing for the Her remarks will appear hereafter in only as a generous and good people. If passage of legislation that would do the Extensions of Remarks.) our enemies want to attack us only be- away with this longstanding principle. f cause we are free and rich, proof of tor- In its place, the Employee Free Choice The SPEAKER pro tempore. Under a ture would be irrelevant. Act would allow unions to form if a previous order of the House, the gen- The sad part of all this is that we majority of workers signed authoriza- tleman from North Carolina (Mr. have forgotten what made America tion cards—a process known as ‘‘card great, good, and prosperous. We need to MCHENRY) is recognized for 5 minutes. check.’’ quickly refresh our memories and once Without giving workers the protec- (Mr. MCHENRY addressed the House. again reinvigorate our love, under- tion of a secret ballot, each person’s His remarks will appear hereafter in standing, and confidence in liberty. choice would be known to others. It is the Extensions of Remarks.) The status quo cannot be maintained, not unreasonable to believe that those f considering the current conditions. Vi- who choose not to sign authorization CURRENT CONDITIONS OR JUST A olence and lost liberty will result with- cards would be subject to intimidation BAD DREAM out some revolutionary thinking. and coercion. We must escape from the madness of While this should be reason enough The SPEAKER pro tempore. Under a crowds now gathering. The good news to defeat the Employee Free Choice previous order of the House, the gen- is the reversal is achievable through Act, the legislation is further flawed. tleman from Texas (Mr. PAUL) is recog- peaceful and intellectual means and, Provisions within the legislation re- nized for 5 minutes. fortunately, the number of those who quire a mandatory arbitration process Mr. PAUL. Could it all be a bad care are growing exponentially. that would allow the Federal Govern- dream, or a nightmare? Is it my imagi- Of course, it could all be a bad dream, ment to dictate contract terms on nation, or have we lost our minds? It’s a nightmare, and that I’m seriously businesses if a first contract is not surreal; it’s just not believable. A mistaken, overreacting, and that my agreed to within 120 days. The contract grand absurdity; a great deception, a worries are unfounded. I hope so. But would be binding for 2 years and would delusion of momentous proportions; just in case, we ought to prepare our- cover decisions that are best left to based on preposterous notions; and on selves for revolutionary changes in the company leaders that understand the ideas whose time should never have not-too-distant future. specifics of that business and are most come; simplicity grossly distorted and f familiar with the competitive forces complicated; insanity passed off as The SPEAKER pro tempore. Under a that the business faces. logic; grandiose schemes built on false- previous order of the House, the gen- In these difficult economic times, the hoods with the morality of Ponzi and tleman from Indiana (Mr. BURTON) is government-imposed and -written con- Madoff; evil described as virtue; igno- recognized for 5 minutes. tracts would have an especially dev- rance pawned off as wisdom; destruc- (Mr. BURTON of Indiana addressed astating impact on businesses that tion and impoverishment in the name the House. His remarks will appear would further delay our economic re- of humanitarianism; violence, the tool hereafter in the Extensions of Re- covery. Allowing the government to of change; preventive wars used as the marks.) impose contracts on private firms and road to peace; tolerance delivered by f their workers would effectively allow government guns; reactionary views in the government to pick winners and the guise of progress; an empire replac- SECRET BALLOT losers in the marketplace. ing the Republic; slavery sold as lib- The SPEAKER pro tempore. Under a The Employee Free Choice Act is bad erty; excellence and virtue traded for previous order of the House, the gen- for workers and bad for the economy.

VerDate Nov 24 2008 03:21 May 20, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.066 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5772 CONGRESSIONAL RECORD — HOUSE May 19, 2009 Congress should reject this legislation is even more important to commemo- can have on an economy than Spain. and refocus its effort on initiatives rate the spirit of kindness that led our After years of promoting green jobs, that would protect the rights and pri- veterans to bring hope and to bring joy Spain has the highest unemployment vacy of American workers and to the weary and beleaguered city of rate in Europe, standing at a whopping strengthen the economy by creating Berlin. 17.5 percent. conditions in which businesses can Mr. Speaker, a congressional resolu- b 1530 grow, prosper, and create jobs. tion has been introduced to honor their Cap-and-tax has sought to be an envi- f legacy. I’m grateful for this oppor- tunity to celebrate this noble endeav- ronmentally friendly plan. The truth is 60TH ANNIVERSARY OF THE or, and I ask my colleagues to please that it will relocate manufacturing BERLIN AIRLIFT join me in remembering and thanking plants overseas to countries with far The SPEAKER pro tempore. Under a those who served 60 years ago in the less stringent environmental regula- previous order of the House, the gen- Berlin Airlift. tions, in turn trading pollution to an- other part of the world. tleman from Nebraska (Mr. f FORTENBERRY) is recognized for 5 min- Republicans are for clean air, clean utes. NATIONAL ENERGY water and are committed to solving Mr. FORTENBERRY. Mr. Speaker, 60 The SPEAKER pro tempore. Under a our energy crisis. Republicans believe years ago, the United States embarked previous order of the House, the gentle- there is a better way to achieve energy on a crucial operation to sustain and woman from North Carolina (Ms. FOXX) independence without destroying our defend a vulnerable entrapped people. is recognized for 5 minutes. economy and killing jobs. The Berlin Airlift was a colossal stra- Ms. FOXX. As the summer months f quickly approach and families start to tegic mission that encouraged strength THE IMPACT OF CAP-AND-TRADE plan vacations, our country continues and fortitude in those held captive in ON MANUFACTURERS USING to struggle with high energy costs. Berlin. Today, we honor those who de- COAL-GENERATED ENERGY signed and participated in this feat. That is why the Democrats’ cap-and- These brave veterans struck the first trade, or better known as cap-and-tax, The SPEAKER pro tempore. Under major blow in the new Cold War, forc- energy plan is an irresponsible proposal the Speaker’s announced policy of Jan- ing Stalin to lift the blockade that im- that will do more harm than good. The uary 6, 2009, the gentleman from Ohio poverished Germany’s capitol, and simple truth behind the Democrats’ en- (Mr. LATTA) is recognized for 60 min- thwarting the Iron Curtain’s fall over ergy plan is that it raises taxes, kills utes as the designee of the minority the Western strongholds. The efforts of jobs, and will lead to more government leader. these airmen embody the highest vir- intrusion in our lives. Mr. LATTA. Thank you, Mr. Speak- tues of American air defense, as they The Democrats’ energy plan is really er. I appreciate the opportunity to fused tactical brilliance, along with in- a $624 billion national energy tax that have this hour with my colleagues to novation and with goodness in heart, in will hit nearly every American family. talk about a very, very important issue what is seen as one of the greatest This new national energy tax will be facing this country. American humanitarian efforts of all paid by anyone who turns on a light The issue that’s facing this Congress time. switch or plugs in an appliance. is cap-and-tax. Why is it important? Our veterans provided food, coal, and With Democrats still hiding many of Well, as you can see from this chart medical supplies to the besieged citi- the important details of their energy right here, Cap-and-Tax Vulnerability zens of West Berlin each day, living up plan, a study that looked at a similar by State. I’m from Ohio. I represent to the spirit of the Greatest Genera- proposal estimated that the impact the largest manufacturing district in tion. They led a seminal goodwill of- will be roughly $3,100 every American the State of Ohio as well as rep- fensive that succeeded in alleviating household will have to pay to the Fed- resenting the largest agricultural dis- the suffering inflicted by Stalin’s re- eral Government. trict in the State of Ohio. gime that threatened the peace and Also disappointing is the fact that If you see from this map where it prosperity of all those in Berlin, East the Democrats’ national energy tax says, the vulnerability key from high, Germany, as well as throughout the will hit the poor the hardest. Experts medium and low, you will see that world. agree that lower-income individuals Ohio, along with a good part of the Some creative and generous pilots spend a greater share of their income Midwest, is all facing a very, very even found a heartwarming way to con- on energy consumption. So while every tough time under this proposal. nect with the children of Berlin during American will be paying more for en- At the same time I know when I am those airlifts. As they carpeted the ergy, low-income households already back home, I talk to the folks; and streets of Berlin with chocolates and living on the edge of desperation will they say, Well, who’s proposing this? I candy, they drew the hearts and minds be hurt even more. say, If you look from California to of many children to goodness and lib- The truth is President Obama is Washington. You go from Washington, erty rather than the pervasive Com- aware of the impact his energy plan D.C., up the coast to Maine, that’s munist propaganda that sought to turn will have on American families. While where it is. You look at that—very low them against the West. still a candidate for President, then- vulnerability. That concerns me. It The goodwill of this so-called ‘‘Oper- Senator Obama said that under his cap- concerns me because, as I said, manu- ation Little Vittles’’ has carried for- and-tax plan, utility rates would nec- facturing is the lifeblood in my dis- ward to the streets of Baghdad today, essarily skyrocket and said that those trict. I would like to talk about it for where many of our soldiers relish op- costs would be passed along to con- just a few minutes. portunities to brighten the lives of sumers. First, every week I go out in my dis- Iraqi children as well. The impact of this national energy trict. I go out in that district, and I go As we celebrate the 60th anniversary tax will not only be seen in home util- into plants. We manufacture every- of the Berlin Airlift, let us remember ity bills or at the pump, but various es- thing from car parts, to batteries, to the veterans who exemplified our high- timates suggest that anywhere from 1.8 windshields, to washing machines. You est ideals of brilliance and innovation million to 7 million Americans could name it, we make it. in air defense, and whose integrity and lose their jobs as well. My district, when people say, What’s dedication to liberty have inspired so Though the President is promoting your largest city? It’s my hometown of many vulnerable people throughout the green jobs that may be created by his about 30,000 people. So over 140 miles world. Their example renews our faith cap-and-tax plan, any new jobs created east to west we have a lot of small in the power of freedom and goodness will not come close to compensating manufacturers out there. We have to prevail over tyranny. for those lost to this reckless energy large manufacturers. We have a large Mr. Speaker, as the memories of policy. General Motors power train plant. World War II and the Berlin blockade We have no greater example of the When you keep going across, you have fade with the passing years, I believe it devastation the cap-and-tax system a Chrysler plant. We have a furniture

VerDate Nov 24 2008 03:21 May 20, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.071 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5773 manufacturing plant. As I mentioned, I said, Just out of curiosity, what We need to have the rest of the world we have a washing machine plant. would you like me to talk about? They cooperate with us. Well, guess what. We go across it, and then we have a said, What we’d really like you to talk Let me just read you one quote. This is lot of smaller ones. We have plants about is telling our graduates what from their lead climate negotiator in that might employ 50, 100 people. But you’re working on, what you’re helping China who said this: those are the folks that make this to try to do to make sure that—where ‘‘As one of the developing countries, economy run because small business is we are going be when we come out of we are at the low end of the production the main economic engine for this this tough economic situation that line for the global economy. We country. we’re in. So you have to start these produce products, and these products So when I see things like this where things off by saying, You know, I’m not are consumed by other countries. This you look at the vulnerability, I see going to paint you any kind of a rose- share of emissions should be taken by that right off the bat, we’re in trouble. colored picture here. the consumer, not the producer.’’ But we’re also in trouble because Ohio, If we work hard and we do the right Interesting philosophy. They can being a large manufacturing State in things here in Congress, we’re going to produce it, but they’re not going to pay total, we have another situation out survive. But if we pass the wrong anything for it. They want us, for con- there. And that situation is this: When pieces of legislation, I can’t go back to suming it, to pay that cost. But at the you look at the plants that we’ve had, that same college in a couple of years same time in this country what we’re we’ve had to grow, as our former Gov- and look at those next graduates com- going to be doing is we’re going to be ernor and now Senator GEORGE ing up and say, You know what, you’re paying on both ends because we’re VOINOVICH used to always tell us when going to have a job, because they going to be paying to produce it. It’s we were in the legislature together, might not. So what we have to do is going to be very difficult for these that we had to work harder and smart- think about these things. manufacturing jobs in States like Ohio er in the State of Ohio. Just to show you on another chart and Indiana to stay in one spot. Well, a lot of factories are that way something that the Heritage Founda- The one thing would be that they now. They don’t employ as many peo- tion put together, they took all 435 might say, We’re going to leave and go ple. But at the same time, we have congressional districts. What they did to another State. But I’ve already had watched a lot of these plants, because was, they put together a manufac- companies that are multinational say, of the economic downturn, having to turing vulnerability index. They took You know what, we don’t even have to lay people off. Every week I go out into what your State’s percentage of energy be in Ohio. We don’t have to be in the these plants. I remember one not too usage from coal was, and then they United States. We’ll just produce it in long ago I went into the plant, and took from each district the number of another country. That’s where we are. they said, We’d like to take you in the manufacturing jobs. And I’ll tell you what, the future is back. They usually had around 180 em- This is one of the times you don’t very bleak if we start looking at these ployees. They said, We’re down to want to be at the top of the list. My things. about 70. They said, We make brass fit- good friend from Indiana, who will be Last summer we talked about an all- tings; and with those brass fittings, on in a couple minutes here, unfortu- of-the-above energy plan for this coun- they’re in competition against the nately ranks number one in vulnerabil- try, and the American people got it. world. And of course that means the ity in this country because of the num- Because first of all, the American peo- Chinese right now. They said, It costs ber of manufacturing jobs and coal gen- ple went to the gas station, and they us X number of dollars to make this eration in the State of Indiana. I’m saw, like in Bowling Green, Ohio, $4.19 product, and at the same time the Chi- number three because I have 80,623 for a gallon of gasoline. People under- nese can make it for 45 cents. manufacturing jobs, and we get 87.2 stood right off the bat what was hap- They can’t have any more impact on percent of our energy from coal. You pening. But sometimes when they hear them, especially if we’re going to raise put those two things together, and my about cap-and-tax, cap-and-trade they the price of energy. We can’t have a na- manufacturing vulnerability index per- say, Well, we’re not really sure what tional energy tax because if we do that, centile rank is at 99.5 percent, which that is. But it will affect everybody im- these companies are going to shut puts you at three. mediately when this thing starts. down, and they’re never going to open When I go across my district, I can’t Let me give you a couple of statistics up again. go out there and say, Things are just here from a Heritage Foundation re- Back in 1982 we were coming out of fantastic. I’m telling them, Right now port. This is about the negative im- that recession that started back in the I want to try to keep you in business, pacts on consumers. This is from the Carter years when—you might all re- but I will tell you, if we start passing Heritage Foundation. By 2035 this leg- member—we had 21.5 percent interest these bills in this Congress to put a na- islation would, one, reduce the aggre- rates, double-digit inflation, double- tional energy tax on you, you’re in gate gross domestic product by $9.6 digit unemployment rates. It was trouble. And not only are you in trou- trillion, destroy 1.1 million jobs per tough; but people still thought, When ble, but every generation coming up in year on average with the peak year this thing’s over, those factories are Ohio is in trouble because these jobs seeing unemployment rise by over 2.5 going to open up. I’m going to have my aren’t going to come back. These jobs million jobs, increase the average fam- job back. Not so today. Not so today are not going to come back. ily cost of four by $4,800 a year, raise because when people start looking When you look, as I said, from 1982 electricity rates by 90 percent, raise around—and we’re in a global economy. when people thought, Well, we are residential natural gas prices by 55 per- I was a county commissioner of Wood going to come back. Why? Because the cent, and increase inflation-adjusted County for 6 years. We used to compete United States was at the top of the Federal debt by 26 percent or an addi- against some parts of Ohio and over in heap. Today the Chinese have become, tional $29,150 per person after adjusting Indiana and Michigan, but now we’re in 2009, the number one manufacturing for inflation. That’s what this cap-and- competing against people on the other country in the world. We got knocked tax, this national energy tax is going side of the globe, and they’re going to off after over 100 years being on top. to get us. This is a massive tax. We eat our lunch if we’re not careful. Not anymore. That’s why we have to can’t afford it. When we have these situations, like I start thinking about our future. When Going back to this chart, when you said, that you go into these plants, and you talk about what the folks want to look at the States that are using a lot these folks are saying, We can’t have do here, they need to look around the of coal and you have a lot of manufac- one more increase or we’re out of busi- world a little bit. turing in your district, well, we can’t ness, they mean it. Not too long ago in the Washington take it. Then the question is going to be Times there was an interesting article. Now, let’s go to the bottom of the when they come to me and say, Well, The headline was Chinese Official Aims chart. For those that are in favor of it, where am I going to get a job? Or like Emissions Cost At Consumers. The you look at their percentile rank. Zero. last weekend I spoke to a commence- folks here in Congress are saying, Well, Well, that’s out in California. Very lit- ment address. I asked them beforehand, it’s not fair if we do all these things. tle manufacturing. When you look at

VerDate Nov 24 2008 03:21 May 20, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.079 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5774 CONGRESSIONAL RECORD — HOUSE May 19, 2009 the number of manufacturing jobs in carbon emissions and about what we to a recent Federal highway data the bottom four of California, you’ve call the ‘‘cap-and-tax,’’ I feel that the study. got 15,500 and 19,000 manufacturing jobs Democrat national energy tax would Higher gasoline prices may not be in a congressional district. Again, com- harm all these things that people are the end of the world if you are taking pare that with Indiana 3, which has al- concerned about. Experts estimate that a subway in a major metropolitan city most 104,000 manufacturing jobs, you cap-and-trade, cap-and-tax, as I said, like here in Washington, D.C., but wonder why we’re concerned about this would raise utilities costs and would higher gasoline prices are a big deal in in the Midwest. You wonder why we’re raise costs on families to an estimated small towns like I grew up in, like Te- concerned about this when we talk cost increase of around $3,100 per fam- cumseh, Oklahoma, especially when about making sure that our people ily. A recent report by the U.S. Cham- you have to commute long distances to have jobs in the future. ber of Commerce and the National As- work. The numbers back that up. Rural Let’s think about the tax bases out sociation of Manufacturers says the households spend 58 percent more of there. We’ve got areas in the State of new energy tax would also cost the fuel than urban residents as a percent- Ohio that are going to be devastated United States 3.2 million jobs at a time age of their income. when you take these kinds of numbers, when we already have a high unem- And then you look at another impor- and we’re not going to have these jobs ployment rate throughout our Nation. tant industry in rural America, and anymore. What’s going to happen to And this means that the future of man- that is agriculture. And agriculture is the local school districts? What’s going ufacturing, the future of jobs in our a bull’s eye industry for energy tax be- to happen to the municipalities? Nation, would be at stake, and espe- cause it is energy intensive. Whether it What’s going to happen to the fire de- cially at a time when we cannot afford, is the fuel for a tractor or fertilizer for partments? Everything? They’re all as a Nation, to make the wrong policy the crops or delivery of food to a local going to be affected. So again, we can’t decision that could further hurt our grocery store, agriculture uses a great afford this, and it’s a tax on the Amer- national economy. deal of energy production. Small busi- ican people. It is a loss of jobs that we A strong manufacturing base is very nesses and American jobs are also a can’t afford in this country. vital to our economy and our security target of the cap-and-trade, cap-and- At this time I would like to recognize as a Nation depends on our having a tax system. A recent report from the some of the other Members today that strong manufacturing base and a U.S. Chamber of Commerce and the Na- are here. My good friend, the gentle- strong economy. Many of us believe tional Association of Manufacturers lady from Oklahoma, who I would like that we have are losing ground to other and other business groups states that to recognize at this time. foreign countries when it comes to President Obama’s budget proposal to Ms. FALLIN. Mr. Speaker, I want to competing for products, production and reduce greenhouse gas emissions would thank Congressman LATTA for leading also for market share. result in a net loss of jobs in our econ- this special hour tonight on a very im- I saw a recent report by the Indus- omy of 3.2 million and would shrink portant topic to our Nation. trial Energy Consumers of America, our household purchasing power by When I go back to my home State of and they said that from 2000 to 2008, $2,100. And while protecting our envi- Oklahoma almost every weekend, I imports were up 29 percent, and manu- ronment is a worthwhile effort, and we hear a couple of things from my con- facturing employment fell 22 percent, a are all for that, I cannot support legis- stituents back home. First of all, they loss of 3.8 million high-paying jobs. lation that does nothing but levy taxes are very concerned about our economy. And they said of great concern is that on small business, on rural America, on They want to know that they will be manufacturing investment in the families and on those who are on lim- able to keep their jobs, be able to have United States, as a percent of gross do- ited resources and raises just higher a salary, make their house payment, mestic product, has been on the decline energy taxes. pay their bills, take care of their fami- since the late 1990s. If you want a real solution to climate lies; and they want to know their taxes Two-thirds of our world’s pollution change, then we should focus on incen- are going to be kept low. They want us comes from other countries who won’t tives. We should focus on innovation, here in Washington, D.C., to be a part be under a cap-and-trade type piece of research and letting the free-market of the solution, not a part of the prob- legislation, two-thirds of the pollution system work. And yes, Republicans do lem. in our world. But yet here in the have a plan that would support energy The second thing I hear back home in United States we are talking about a production and also support clean en- Oklahoma is that people talk a lot plan that would affect our business sec- ergy, an all-of-the-above energy plan. about expenses and about the cost of tor because of the climate control leg- We support production of clean natural living going up and how concerned they islation. Now we all want to do all that gas, wind power, solar power, nuclear are with all the spending that is going we can to keep our air clean, our land power as well as the traditional fossil on here in Washington, D.C., about the clean and our water clean. That is a fuels. We, as Republicans, have our eye costs to their families and the costs to very important goal for all of us. But on the future, and we know that the their businesses. not at the cost of risking our national United States doesn’t have an unlim- Many of them say to me, Please don’t security or even our national economy. ited reserve of fossil fuels, and we un- let our gas prices go up like they did We know that the Democrat solution derstand we need to pursue other en- last summer to $4 a gallon. We can’t af- is an energy tax. And we know it won’t ergy sources, energy diversity. But Re- ford that anymore for either our fami- work. The United States might cap and publicans also understand that we lies or even our businesses. They say, tax its carbon emissions, but countries can’t get this overnight by pursuing a Please don’t let my utility costs go up. like China and India would never agree series of damaging tax increases. We’re hearing with cap-and-trade, cap- to restrictions that are so economi- And Congressman LATTA, I will yield and-tax, that our utility costs could go cally destructive. And the result would back my time for further discussion on up by 30 percent and I’m on a fixed be, for the United States, more out- this issue. number or I’m a lower income person, sourcing of good jobs to other coun- Mr. LATTA. Thank you very much. I and I can’t take a 30 percent increase tries at the worst possible time when, appreciate that. You have brought up in my utility costs. as I said, unemployment is at 9 per- some very good points, especially when cent. you are talking about rural America. I b 1545 Cap-and-trade is nothing more than a know in my district when I go in the They say things like, please don’t let national energy tax. And its effects plants, one of the questions I always my businesses have more operating would be far reaching to businesses, like to ask is how many folks have costs. Or please don’t raise my gasoline consumers and even more so to rural driven X number of miles? It is nothing prices because I won’t be able to take America. Rural areas will be hit hard- for people in my district to drive 30 to my kids to school as freely as I had est by energy taxes. Americans in rural 50 miles one way to go to manufac- been able to. areas must travel further for routine turing jobs. If those manufacturing And so as we begin and have this de- errands, in fact, about 25 percent more jobs are not there or the cost of fuel is bate about cap-and-trade, controlling miles than urban households, according too high, they can’t get there. That is

VerDate Nov 24 2008 03:21 May 20, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.080 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5775 an excellent point. I’m glad you are heavily into manufacturing, is At this time, I would also like to in- brought that up. going to get hit the hardest by this. troduce my good friend from Illinois Ms. FALLIN. Thank you. And this is not a good thing for that in- who also represents manufacturing and Mr. LATTA. At this time, I would dustry, as well as the agriculture in- what it can do to his State and also like to call on and yield to a good dustry, as was just mentioned, which across the Midwest. friend of mine from Ohio, the gen- relies heavily on fuels for tractors, for Mr. MANZULLO. Mr. Chairman, the tleman just to my south. Good after- transporting crops and going to the person who has been forgotten in all noon. store and so forth. So it is going to in- the debate that has been happening is Mr. AUSTRIA. I thank the gen- crease the costs of energy as well as the American worker. I can remember tleman for yielding. And I want to hurting those who are trying to do when I was a little kid, my dad used to thank the gentlewoman from Okla- business in the State of Ohio as well as pack his lunch box, a black tin box homa for putting things in perspective. job loss. with a round top, with a salami sand- I think you did a very good job of lay- I also want to point out one other wich, a piece of fruit and a thermos of ing things out. It certainly applies to factor for our State, which I know is coffee, as he would rise early in the Ohio. And to the gentleman from Ohio very diversified from State to State, on morning, go off to work at the factory, (Mr. LATTA), thank you for your work the chart that you put up previously. and come back with a sense of satisfac- in Ohio. I have had an opportunity to In the State of Ohio, 87 percent of our tion that he had made something with serve with you for 10 years in the State fuel, of our energy comes from coal. his hands. legislature. Together we worked on And coal will be hit directly by the And that perhaps is the emblem of some good things to move our State cap-and-trade. It is going to put man- the American worker, somebody who forward, comprehensive tax reform dates on undeveloped technologies for actually worked in a factory and then that lowered income taxes for families coal-fired plants. In some cases, coal- became a master meat cutter in his and small businesses. We helped to fired plants may not even be able to grocery store, master restaurateur, and make Ohio more business friendly, es- comply with this, and they may have at the same time was an expert car- pecially in the manufacturing indus- to close down. And that too could cost penter and cabinetmaker. He was a per- try, by phasing out tangible personal jobs in the State of Ohio. son who could do marvelous things property tax and corporate franchise So when you look at the cap-and- with the hands that God gave him. tax. trade and the way this is put together, That perhaps also is the picture of When we look at the proposals before it should be called a ‘‘cap-and-tax’’ as the American that we are not exam- Congress today, this cap-and-trade pro- many of the other Members had men- ining as we take a look at this entire posal, on the surface, it sounds harm- tioned because, Mr. Speaker, I think cap-and-trade system. Because after less. But it isn’t. It is not, for the rea- clearly this is a cost that is being all, it is the American worker who is sons that the gentlelady from Okla- passed on to every American. going to be disadvantaged in many homa just talked about. It hurts Ohio- And Republicans, as was mentioned, ways because of this theory that the ans as far as jobs, as far as businesses, do have an alternative. I think we all majority wants to impose upon the and it is not a good thing. This pro- want to see cleaner energy. We all American family, which according to posal is going to increase the price of want to see more efficient energy. But the nonpartisan Congressional Budget the cost of energy and the price for we do have an alternative plan that is Office, would spike the cost of energy anyone who turns on a TV or fills up out there that will have less reliance for the average American family of their gas tank or turns on the heat in on foreign oil, that would look at the somewhere between $700 and $2,200 a the winter. Their cost of energy is resources that we have available in year. So we start with the fact that the going to go up. this country, that would help us American worker is going to be paying The Congressional Budget Office, in produce and make us more energy inde- a lot more for his or her energy at the initial proposal that was brought pendent, give us more energy independ- home before he leaves and goes off to forth by this administration, estimated ence with increased exploration and de- the factory. that the cost of energy in the average velopment of new and renewable en- Once he gets to the factory, exactly household will go up approximately ergy sources, to help promote alter- what is going to happen? Well, the fac- $1,600 per year. We have seen figures as native forms of energy like solar, like tory is already under tremendous com- high as $3,000 per year by MIT and wind and other alternative sources of petition, competition domestically be- other credible organizations that are energy that are out there. So we do cause of high productivity of the Amer- following this very closely. So the cost have an alternative way to get to ican manufacturers and competition of energy is going to go up on not just where we want to go. because of offshore, because of coun- Ohioans, but all Americans. Again, I think the cap-and-trade tries that don’t have OSHA standards, And I think at a time when we are doesn’t make sense for Ohio, and it is that have very few environmental struggling economically, we are going going to cost jobs. It is going to put an standards, who care less about the safe- through an economic crisis, it is not increase in the cost of energy for all ty of the worker and more about ship- the time to be raising the cost of en- Americans. And I think we can do a ping that product to the United States. ergy on families and small businesses better job and have a better alternative like we are going to be doing with cap- out there that we should be pursuing. b 1600 and-trade if this moves forward. And I thank the gentleman from So we start with the distinct dis- Let me also point out the fact in our Ohio for yielding. advantage already in the manufac- State, in Ohio, as in many other Mr. LATTA. I appreciate your being turing sector. How much more can the States, in Ohio, manufacturing and ag- here. And you bring up an excellent American worker take? How much riculture are the two top industries in point when you talk about jobs dis- more can the owner of that factory our State and will get hit the hardest appearing. Last summer, I was number take? with cap-and-trade. As was just men- 9 in the list the National Manufactur- I assembled this past week—in fact, tioned by the previous speaker, manu- ers Association puts out. I was number yesterday—in the congressional dis- facturing jobs will be at stake. Amer- 9 in the United States in manufac- trict that I represent, a congressional ican companies will be less competitive turing jobs out of 435 districts. Earlier district that has in its largest county internationally against other countries this year, I dropped to 13 already. And an over 25 percent manufacturing that will not be playing by the same we are watching those jobs disappear base—55 or 60 small manufacturers. I rules, that will not have the same regu- from across Ohio and across this coun- laid out to them this cap-and-trade lations on them like China and India, try. And you are absolutely right. We system and exactly what it would and will put them at a disadvantage have a massive national energy tax. mean to them as manufacturers. The from a competitive standpoint. That in Those jobs aren’t going to stay. They looks upon their faces were nothing turn is going to cost jobs. can’t compete. And they are gone. So less than startling because we start Ohio, again, as in many of the other that is an excellent point. Thank you with the proposition that 535 people in Midwest States across our country that very much. I appreciate it. Washington, D.C., suddenly wake up in

VerDate Nov 24 2008 03:21 May 20, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.081 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5776 CONGRESSIONAL RECORD — HOUSE May 19, 2009 the morning and decide, well, America cap-and-trade bill. This is absolute lu- idea for you. We, in Congress, wear pin- should go into the green business, that nacy to be able to subject the Amer- striped suits, and we can tell you how America should get involved in the en- ican manufacturer and the worker to to run your manufacturing facility. No ergy-saving business as if the American this, the worker who gets up at the one called the city of Rockford years manufacturer and his worker have been crack of dawn every morning, who ago and said, We’ve got a great plan for on the sidelines, doing nothing. packs his lunch box and goes off to you where you could take the sewage You have great manufacturers out work and gets in his old car and puts in that you have in the city, turn it into there, like the Perks family from 8 or 10 or 12 hours a day, working to methane and run three turbines so you Rockford, Illinois. The Perks family support his family, working to get the could help the electrical grid, and has been around for three generations kids through college, working to pay there would be many fewer carbons now, involved in combustible burners. the mortgage. All of a sudden, Congress going into the air. Their goal has always been to make says, You don’t know what you’re Mr. Speaker, Washington has no the most efficient combustible burner doing. You don’t know how to run your news for the American manufacturer or possible, and they lead the world in factory. for the American worker except bad that technology. They just didn’t wake All we have to do is look at what news. That’s why we have to defeat up one morning and say, ‘‘We should happened in Europe. Look at the fa- this. We already have a lot of plans in start saving energy.’’ That’s what pro- mous cap-and-trade system in Europe. place. One is the Republican alter- ductivity is all about. That’s what the Now, I don’t usually look to the Euro- native, and that’s the one that rewards American manufacturer is all about— peans for examples except when they ingenuity. It makes it a lot easier for to be giving him and the small inven- fail. In this case, the cap-and-trade sys- people to change to the latest tech- tor the opportunity to be able to go out tem, Mr. Speaker, has been a complete niques, to scrub the air, to scrub the and to make products—to make them and total failure. Why is that? Well, environment. It just amazes me. It to- run faster, quicker, and leaner. it’s because you go across the Strait of tally amazes me. The Federal Government didn’t in- Gibraltar, into Morocco and northern We are in Rockford, Illinois, where vent the term ‘‘lean manufacturing.’’ Africa, and you see countries that are there is close to 14 percent unemploy- The Federal Government didn’t come not locked into the same type of sys- ment. It’s the same in Belvidere, Illi- up with ISO standards of excellence tem of control emissions. In fact, Kollo nois. Our Chrysler plant is closed for 60 and productivity. The Federal Govern- Holding in the Netherlands makes a days. Chrysler is in bankruptcy. We’ve ment does more to hinder the innova- silicon carbide. According to an article gone from 16 million cars sold 2 years tion ability and the productivity and in The Washington Post, it’s used as an ago to 8 million cars sold this year. On the energy savings of the American industrial abrasive. It’s the finest fac- top of all of the problems that manu- manufacturer than it does to help them tory that you could find, the best in ec- facturing is having, now we need one out. Take, for example, all of the ological construction, the finest in more—one more regulation, one more American machinery in Harvard, Illi- meeting the most stringent require- requirement, one more chop on the nois. There is an extraordinary patent ments to reduce the emissions of car- block of the American manufacturer. on being able to run hydraulics on an bon. They’re in big trouble, huge trou- It’s time to say ‘‘no’’ to this big gov- as per unit. It gives a shot of power to ble, because right across in Morocco ernment that thinks it knows best. It’s move that hydraulic pump, and then you will find a competitor—and in time to say ‘‘no’’ to Washington that the unit shuts off, saving between 60 to China—that can make it cheaper and thinks it has all of the answers. It’s 80 percent of the energy costs versus a that can ship it to Europe. time to say ‘‘yes’’ to the American machine that runs all the time. So what happens to the brave soul in worker, ‘‘yes’’ to the little inventor, No one in Washington called the peo- Europe who complies with their ill- ‘‘yes’’ to the American manufacturer— ple back home in Harvard, Illinois, and fated cap-and-trade system? He’ll prob- the people who made things with their said, We have this great idea for you. ably go out of business. That’s exactly hands, the people who created all the The people in Washington are calling what happens. What’s going to happen wealth in the world, the leaders in the people whom I represent and are to the United States? There will be a technology, the leaders in ingenuity— saying, I’ve got news for you. I don’t southern movement to Mexico as not with the help of government but have new innovations for you. I don’t American manufacturers will be mak- with the help of their own minds and have new technologies for you. I have a ing more of their products in Mexico their own hands. new task that’s going to make you less and shipping it across the border be- Mr. LATTA. Well, I thank the gen- competitive with the world, the so- cause it will be a lot cheaper as they tleman, and he is absolutely correct. called ‘‘cap-and-trade tax,’’ because the won’t be sacked with a cap-and-trade When you look at these margins that people in this body and in the other system. these companies are working with body are going to say that we are man- If you take a look at the Government today, they are slim. ufacturers and that we know every- Accountability Office report of Decem- It’s the same thing in my district. thing about manufacturing as we sit ber of 2008, this is their own organiza- You know, I get in those plants every here in our pin-striped suits and don’t tion that sets up standards by which to week. When I go in those plants, they even know what the sweet smell of ma- make measurements of efficiencies in show me what one blip of an electrical chine oil is because most of them have different programs. The Government costs. I have massive, heavy energy never been in a factory in their lives. Accountability Office says there are users in my district, especially on the They’re going to tell our American better, less expensive and more direct electrical side. With one blip, they manufacturers how to run their fac- methods to accomplish the goal of re- could say, You know what? We’re done. tories. ducing emissions. Well, that’s inter- We’ll go overseas. We don’t need this, As I talked to our American manu- esting. What are those? Well, perhaps and we don’t need one more Federal facturers yesterday, 55 or 60 of them, someone ought to take a look at what regulation. We don’t need one more several have places where they’re al- the American manufacturer is already government bureaucrat telling us how ready manufacturing for domestic con- doing. You can go to a Danish manu- to run our business, and we’re out of sumption in China and in Mexico. facturer in Rockford, Illinois, called business in this country. Their faces spoke the results. If it’s Danfoss. Danfoss makes these ma- Then what do we tell our constitu- going to become so much more expen- chines that hook onto another ma- ents? What do we tell the next genera- sive to manufacture in the United chine. The Danfoss machine, Mr. tion of Americans out there? That you States, we’ll just do more manufac- Speaker, measures the exact amount of don’t have a job. What do you have to turing in Mexico and in China. Do you energy necessary in order to run the look forward to in the future? It’s not know what, Mr. Speaker? The cost of machine right down to the lowest frac- very bright when you look at this piece shipping finished items from China to tion of electrical unit required. It is of legislation. the United States will be less than the highly efficient. You know, the President said when cost of the increase in power for people No one from Washington called the he was running for office that, Under to make their products under the new Danfoss engineers and said, We have an my plan of a cap-and-trade system,

VerDate Nov 24 2008 03:21 May 20, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.083 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5777 electricity rates will necessarily sky- I was down in Louisiana for 2 weeks we’re going to become more dependent rocket. back during the Easter recess. I toured on oil from foreign sources, and we are That will cost money. They will pass and went along the coast, and I visited going to become more dependent on that money on to the consumers. It a lot of these small companies, compa- liquefied natural gas being imported goes from one to the next, and it’s nies that employ pipefitters and weld- into this country. going to finally get down to those hon- ers, people who work on the boats, All the while, we’re kind of like— est people who are going to try to be in folks who do the electrical work on we’re the Saudi Arabia of natural gas. those factories, making a product, find- these rigs, people who do the fabrica- We have a lot of natural gas reserves, ing out first they don’t have jobs and, tion work. These are good-paying jobs, but we’re not utilizing them. And this at the same time, that their electricity high-paying jobs with benefits. These energy policy that the President is pro- rates at home are just going to sky- are manufacturing jobs, the same kind posing, these tax increases will dev- rocket. How are they going to make a of manufacturing jobs my friend from astate our industry, and we will be- living? How are those kids going to go Illinois just spoke about. come more dependent. to college? So, again, I asked President Obama b 1615 I thank the gentleman. and Secretary Geithner how many jobs At this time, I’d like to yield to my And our President says his goal is to do you intend to kill with this policy? friend from Louisiana. Thank you. save or create 3.5 million jobs before And I think the American people, Mr. BOUSTANY. I thank my friend the end of 2010. I want to know a sim- again, deserve a straight answer. from Ohio for yielding time to me. ple answer to the question I posed: How Again, we’re talking about good high- I want to go back for a moment, back many jobs does this administration in- paying jobs across the board, manufac- to March, at a time when the Ways and tend to kill with its energy tax pro- turing jobs, jobs that allow folks to Means Committee in the House con- posals? It’s a simple question. buy homes, jobs that allow them to vened to hear Secretary Geithner’s tes- And I think the American people de- send their kids to college. timony to us regarding President serve an answer. And certainly the Finally, let me just say that I believe Obama’s budget proposals and specifi- good, hardworking folks down in Lou- it is wrong for this administration to cally regarding the issues related to isiana and Texas and Alabama and Mis- deliberately pick winners and losers. cap-and-trade and some proposed tax sissippi who supply a large amount of It’s the height of arrogance. What we increases on the oil and gas industry. the energy that this country uses de- ought to be doing with an energy pol- In fact, in addition to cap-and-trade, serve a simple, straightforward answer icy is unleashing American genius to the administration is proposing $31.5 from Mr. Geithner and this administra- solve these problems, the same kind of billion in increased taxes on the U.S. tion. genius that have solved many problems domestics—the small, independent Now, let me make one clear point before in this country. companies that produce oil and gas and here. I want to quote something first. One last thing I would like to men- that power our country. So, at the Let me quote something from this let- tion is that back during the heyday of time, I had a very simple, a very ter that I received from Secretary World War II when this country was in straightforward question for Secretary Geithner. He says, ‘‘To the extent the a fight against Nazi Germany and the Geithner, who was testifying. credit,’’ he’s referring to the tax cred- Japanese and the concerns about en- I said, Mr. Secretary, how many jobs its that the oil and gas industries had ergy were there and there was a fight will this kill, particularly on the gulf since 1913, ‘‘to the extent the credit en- for oil reserves and so forth, there was coast? The gulf coast is trying to re- courages overproduction of oil, it is also a fight to see who was going to get cover from hurricanes, but yet, at the detrimental to long-term energy secu- nuclear power first. And it was because same time, it has done a magnificent rity.’’ Overproduction of oil? Does any this country had a well-developed man- job of getting the oil and gas industry American believe that we have over- ufacturing and refining system with all back up in the Outer Continental Shelf production of oil? I would like to know of the chemical engineers, the petro- and inland—our refineries—to provide what planet the Secretary is living on. leum engineers, that they were able to energy for our country. So I asked him What kind of information is he getting, bring forth enough of the technical ca- simply: How many jobs do you intend for God’s sake? pability to win the race for atomic en- to kill with this budget? He could not Now, I think it’s also important to ergy. And this is the same energy in- answer the question. So I gave him a recognize that if we’re going to have a dustry that this administration is cur- little time, and I followed up with a reasonable and sensible energy policy rently trashing with this tax policy. letter to Secretary Geithner. that the American public can believe So, again, I want to know a simple Two or three weeks elapsed. I re- in, an energy policy that diversifies our answer to a simple question: How many ceived a letter today, and I have yet to sources of energy and utilizes oil and jobs does the Obama administration in- receive an answer on how many jobs gas and clean coal technology and nu- tend to kill with cap and trade and this administration intends to kill clear power as well as green technology with these targeted tax increases on with its energy policy of cap-and-trade and alternative fuels, that’s the kind of the oil and gas industry? and of increased taxes on the domestic energy policy that we’re promoting. With that, I will yield back to my oil and gas industry. That’s the energy policy that the friend. Now, I know for a fact that we have American people want to hear about. Mr. LATTA. I thank the gentleman. about 1.5 million people directly em- That’s the energy policy that will un- If I could just comment on a couple ployed in the oil and gas industry and leash individual American genius to of things that he said. that there are about 6 million addi- solve our problems. I think you’re absolutely right. I tional folks who have jobs related to But if you’re thinking about energy know when they shut the lights on us this, whether in manufacturing or in policy, our transition to that strategy right here on this floor last year when support services. So, if we look back involves natural gas as a diversified we were down here talking about en- and if we look at a time when a pre- fuel as well as expanding nuclear ergy—and it wasn’t hard to remember vious administration, Mr. Carter’s ad- power. But keep in mind that 30–35 per- that we were talking about 65 or more ministration, raised a windfall profits cent of the natural gas that this coun- percent of all of the energy that we tax on the oil and gas industry, it dev- try uses comes from rigs, oil and gas were consuming in this country was astated our domestic industry. What rigs that were drilled within the last 2 being imported in this country. I re- happened? We became more dependent years. 35 percent. member those T. Boone Pickens com- on foreign oil, and we saw price spikes Now, I have to tell you that the rig mercials saying the largest transfer of in energy. count in the United States since Sep- wealth in history was occurring. I be- So what’s going to happen with this tember is down by over 50 percent and lieve the number was like $700 billion massive tax increase that is com- dropping because of these tax pro- per year. And so when you see those pounded by cap-and-trade? Well, my posals. It’s dropping, and that means things happening, it’s hard not to get prediction is we’re going to see massive we’re going to have a shortage down up here and speak out on that. job loss. the line of natural gas and oil, and I yield back to the gentleman.

VerDate Nov 24 2008 04:13 May 20, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.084 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5778 CONGRESSIONAL RECORD — HOUSE May 19, 2009 Mr. BOUSTANY. This administration Louisiana in the 1980s, once these jobs manufacturers—and you don’t even doesn’t understand the difference be- are gone, folks leave. They go off and have to have a smokestack to be cov- tween our large multinational energy do other things. That expertise is gone. ered by this because buildings natu- companies like ExxonMobil, Chevron You can’t develop it overnight. And rally emit a carbon dioxide going out that do most of their work overseas, this is at a time when our energy needs through the windows—but the smaller and independently owned, American- are critical. manufacturers would be exempt from owned energy companies working in So I have to say when the President cap-and-trade. However, the EPA has the Gulf of Mexico who provide most of talks about saving or creating 3.5 mil- now empowered itself to control carbon the oil and gas that this country uti- lion jobs, this policy is not the way to for greenhouse emissions. So they will lizes. These are small companies oper- do it. It will kill jobs, and it will kill be coming in with another layer of reg- ating in the Gulf of Mexico, predomi- many jobs. ulations even for the smaller ones. nantly, some in California and other Mr. LATTA. I would like to yield to And—and this is almost certain—the areas around the country, but predomi- the gentlelady from Oklahoma. EPA, in the past several months, had nantly in the Gulf of Mexico. And this Ms. FALLIN. I appreciate your com- this proposed standard to tax cows. industry will be devastated by these ments. Any farmer that has a herd in excess of tax proposals, and it’s going to hurt We’re already seeing some of the ef- 25 cows—because cows are big methane our energy production, and it’s going fects in our oil and gas energy sector in emitters—$125 per head per year. I to make the price of oil and gas and the State of Oklahoma of job losses al- don’t make that much profit when I gasoline and electricity go up signifi- ready just by talking about the cap- sell my beef cattle, even though we cantly. It’s absolutely the wrong policy and-trade piece of legislation. And you haven’t done it in the past couple of at this time. We need a diversified en- were mentioning a few moments ago years. ergy policy, and we shouldn’t punish about the pollution of other countries Washington, D.C. must be its own those who are producing energy that and how if we have cap and trade here planet, how people can come up with Americans need desperately today. and we try to control our emissions— these absurd ideas. And back home, we Mr. MANZULLO. Would the gen- which we should, we should have rea- have two methane digesters. Some tleman yield? sonable policy on that—how China and farmers got a little grant from the gov- Mr. BOUSTANY. I would be happy to India and some of those other growing ernment to help out, and that’s fine, yield. economies will still keep polluting. In and all of the waste from 300 dairy cat- Mr. MANZULLO. I thank the gen- fact, a statistic that I saw said two- tle near Pearl City, Illinois, go into tleman. thirds of the world’s population comes this methane digester, and the meth- Perhaps the answer to the number of from countries other than the United ane is recaptured, goes back on the jobs that would be lost may be found in States. So while we may put some grid. It’s enough to run a city of 500 the draft of the American Clean Energy heavy restrictions that could cost jobs homes. It’s amazing. and Security Act. This is the Cap-and- and investment in the United States, How is it that people that know so Trade Act under title IV, if I’m reading these other countries will take those little about manufacturing can, over- this correctly, because it talks about market shares from us and continue night, come up with the idea that they worker transition. Now, that normally polluting. are the experts on green manufacturing means somebody who’s lost his job as a I was interested in your comments by as if American manufacturers were result of a government regulation and Secretary Geithner who said we have doing nothing to increase productivity? has to transition to something else. So an overproduction of our oil, which Mr. BOUSTANY. If the gentleman they already are figuring that some that is an unusual comment when our would yield, people are going to be losing their jobs. Nation is so dependent upon foreign en- You know, U.S. companies in the oil My gosh, you take a look at the ergy. I think many of us in this body and gas industry do the safest and most quote of the President. It’s going to believe that our country is at risk in environmentally friendly work of any cost a tremendous amount of money, our national security and economic se- of the companies around the world. electricity rates will skyrocket in fac- curity by buying almost 70 percent—65, We’ve got Louisiana and Texas exper- tories. When you look at the small 70 percent of our energy supplies from tise disbursed all over the globe as a re- margin of profit, for example, on cast- other foreign countries while spending sult of what happened back in the 1980s ings—already under tremendous pres- around $700 billion buying that foreign with the windfall profits tax. I run into sure from overseas—they won’t be energy. Just think what that $700 bil- workers all the time who are coming around. lion—if we produced our own energy— back to Louisiana to visit family. And But something happened interest- what that would do in our Nation as it they have been away, and they wish ingly yesterday at the conference we relates to jobs and investment in our they could work in the Gulf of Mexico had in Rockford, Illinois. Dr. Redmond marketplace here in the United States. around this country doing work in this Clark is a Ph.D. in environmental But yet we continue to send that country to produce energy for our sciences. He’s also an inventor and money to foreign countries buying country. Yet, they were pushed out. We runs a business, and he said this aston- their energy versus encouraging inno- lost those jobs. And as the energy in- ishing statement: If American manu- vation, free enterprise here in United dustry has started to come back, now facturers, if all of America went to zero States of all kinds of energy sources. we’re seeing the specter of these in- carbon emissions, within 7–10 years, And I just truly believe we have the creased taxes, which will be dev- the Chinese would more than com- knowledge, we have the capacity and astating. pensate and put into the air all of the the intellect in the United States to And, in fact, I have a friend of mine— carbon emissions that the Americans develop these alternative means of fuel he and I finished college together—he’s had saved. Now, that is how flawed this and to reduce our carbon emissions. a petroleum engineer, and he’s lived his plan is. Look at natural gas. There is a pro- entire professional life overseas be- Mr. BOUSTANY. I thank the gen- posal here in Congress to encourage cause he went out into the work world tleman. more investment in C&G cars, more in- at the time that this tax took place I would just add that really a produc- frastructure investment in natural gas. and devastated the domestic energy. tive way to reduce emissions would be And I hope that we continue to push With that, I yield back to my friend. to work out a cooperative agreement those kinds of policies rather than Mr. LATTA. I recognize the gentle- with China—which also has large massive tax increases and standards lady from Oklahoma. amounts of emissions into the atmos- that will actually hurt our national phere—and let’s use the technology economy and hurt our jobs. b 1630 that we have today to work with the Mr. MANZULLO. Will the gentlelady Ms. FALLIN. I thank the Congress- Chinese to reduce emissions. But in- yield? man. I have one thing I just wanted to stead, with these tax proposals, they Another shocker that we found out is add. President Obama has talked about intend to destroy this industry. And I built into this proposed bill, there is a how the United States can achieve a will tell you from my experience in threshold limit so that the smaller new long-term subsidization of green

VerDate Nov 24 2008 03:21 May 20, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.085 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5779 jobs like similar to what Spain has that has already stifled a half-billion- prices at $4 a gallon, which certainly is done, and I have a report from the In- dollar investment in the congressional an additional tax on every American stitute For Energy Research, which district that I represent. citizen who drives a car or who powers talks about other countries. f anything. And what has happened is they have CHANGING OUR ENERGY POLICY As we project onward, we know that spent billions of dollars of taxpayer re- diminishing resources in carbon-based sources to subsidize renewable energy The SPEAKER pro tempore. Under fuel, diminishing supplies of petro- programs and to add more greening the Speaker’s announced policy of Jan- leum, the price of gas is going to con- within their societies. And as they uary 6, 2009, the gentleman from Ken- tinue to go up. The price of natural gas passed some carbon tax-type legisla- tucky (Mr. YARMUTH) is recognized for is going to rise. So the cost of pursuing tion, it was showing that, according to 60 minutes as the designee of the ma- the same old status quo is significant. their results, compared to what the jority leader. Mr. YARMUTH. Mr. Speaker, it’s On the other hand, we can make an United States could expect, that the investment now. We can make an in- U.S. can expect 2.2 jobs destroyed for been very interesting to have engaged in discussions over the last few months vestment that will save us money, will every one renewable job that is fi- continue to save us money toward in- nanced by government-based bond, about changing our energy policy, and it’s been particularly interesting lis- finity. We can actually harness the what has happened in Spain. Only one power of the sun, the power of the of 10 jobs actually creating a green in- tening to my colleagues on the other side talk about their vision of where wind, hydroelectric power, geothermal vestment would be permanent. They’d power, all of the alternative sources be temporary jobs. this country goes or, rather, their lack of vision as to where this country will which we know are available to us. If Mr. LATTA. I thank the gentlelady. we can do that—and this bill that we f go in energy. This debate began several years ago. are contemplating right now sets us in IMPACT OF CAP-AND-TRADE ON It was very prominent during the Pres- that direction, provides the type of in- MANUFACTURING idential campaign in 2008, and there centives and stimulus that will get us The SPEAKER pro tempore (Mr. began to emerge a very clear distinc- to that era—then we will have an era in which we dramatically cut our en- CARSON of Indiana). Under a previous tion about two very different visions order of the House, the gentleman from about what we need to do in this coun- ergy costs. We will save trillions and trillions of dollars as we move forward. Illinois (Mr. MANZULLO) is recognized try. for 5 minutes. We heard last summer the mantra I know just in my own district, I’ve Mr. MANZULLO. Mr. Speaker, we’ve coming from the Republicans: ‘‘Drill, gone to see some of the new techniques just concluded an hour of debate on baby, drill! Drill, baby, drill!’’ That for building homes, for utilizing all of manufacturing and the impact that was, in essence, the sum and substance the LEED-certified processes that can this cap-and-trade system will have on of the Republican Party’s energy pol- cut a 3000-square-foot home’s utility manufacturing. I wanted to add a foot- icy: continue to drill for oil, continue costs to under $100 a month. These are note from the congressional district to emit carbon CO2 into the atmos- the potentials that are out there for us, that I represent. It’s the top of the phere, continue to avoid the tough and these are the potentials that this State of Illinois. choices about changing our goals in en- proposal that we are dealing with now And near east of Dubuque, on the ergy policy in this country, trying to and considering in Congress can bring Mississippi River, is a company called achieve energy independence and, to reality. Rentech that makes hydrous ammonia again, relying on the same tech- So this is a debate that’s important urea and products for agriculture. They nologies that we’ve used in this coun- for this country. In a very real sense, it were in the process of switching to try for 100 years. represents the future of this country, what’s called the Fischer-Tropsch proc- Fortunately, we elected a President and there are very real differences be- ess—it’s an old German process—sub- who has a very different vision of tween the Democratic Caucus and the stituting natural gas and in its place where we go in energy, a very progres- administration and our colleagues on putting coal, bringing coal up the Mis- sive vision of where we go in energy, a the other side who again prefer to pur- sissippi River. policy that he has proposed, that this sue a 20th-century energy policy, rath- And one of the byproducts of that Congress is proposing to enact, that er than a 21st-century energy policy. coal would be diesel fuel, in addition to will end our dependence on oil and car- So I’m joined here by someone who the hydrous ammonia, urea, et cetera, bon-based fuels, will set a new course has great interest in this subject and that could come from that facility. to where we are actually using the many others, who is part of that class Once the owners found out about a great gifts of the natural world, such of 2006 which changed control of the proposed cap-and-trade system, that as wind and solar energy, creating the Congress and set us in a new direction. stopped that half-billion-dollar invest- kinds of incentives for businesses to I’m proud to introduce my good friend ment in the congressional district create new jobs and new industries, so and colleague, RON KLEIN from Florida. that’s smarting with unemployment, that we can create a future that is not Mr. KLEIN of Florida. I thank the running as high as 14 and 15 percent. only clean but prosperous. gentleman and thank him for his lead- Now, what’s interesting in listening Just the talk, just the threat of a cap- ership. and-trade has already stifled innova- to my colleagues from the other side, tion. all very well-intentioned men and As a Member from the Common- And that’s why it’s extraordinarily women, and I’ve listened to some over wealth of Kentucky, obviously you important that we take a look at alter- the last hour, is this constant emphasis have a great deal of understanding natives such as the ones suggested by on the cost of changing direction, the about energy needs. The cities in Ken- GAO that can accomplish the same cost of cleaning the air, the cost of tucky, the rural areas of Kentucky, the things without these onerous require- truly creating an alternative energy great equestrian and horse industry in ments and regulations on the backs of policy in this country. And I’m glad Kentucky, all of those require the our American manufacturers. they do that because, as with any good types of energy that we know are fu- And so those of us who were really thing, there is a cost to doing it, but ture energy sources for America. concerned about the loss of manufac- what we would like to emphasize in I think this is just such a moment in turing in this country, those of us who pursuing a new direction is the cost of time that really allows for an excite- really want to see us become less de- not acting and not pursuing that new ment. Now, these are challenging pendent upon the Chinese and the Indi- direction. times, make no mistake about it. In ans and the Mexicans and other coun- What have we seen, for instance, in my lifetime—and I’m 51 years old. Mr. tries around the world and to look to this country over the last decade? YARMUTH is probably somewhere in ourselves for self-sufficiency, to restore We’ve seen the average citizen’s energy that range as well. manufacturing in America, we cannot costs rise by well over $1,000 a year, Mr. YARMUTH. I thank the gen- have this cap-and-trade system because and last summer alone, we saw gas tleman for his flattery.

VerDate Nov 24 2008 03:21 May 20, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.087 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5780 CONGRESSIONAL RECORD — HOUSE May 19, 2009 Mr. KLEIN of Florida. Well, as Amer- of this recession. It’s not going to be Florida for our sun. Well, we should be icans we understand challenges. We un- something we’re going to tax our way leading in solar technology at our uni- derstand crises. Our fathers, our grand- out of. We’re going to grow our way out versities and for consumer purposes. parents, our great-grandparents were of this with jobs, with clean energy, So I thank the gentleman for raising certainly the architects of us getting with energy innovation, with energy this today. We’re going to be working through world wars. They fought, they products that not only are going to on this issue. And again, this is not innovated, they came out of it even make us safer and more secure from a just about climate. This is about en- stronger. My mom was a public school- national security point of view—be- ergy. This is about environment. This teacher, taught second grade, taught cause we already know we import 60 is about national security. Any one of me about how important education is percent of our oil from countries out- those three, pick them, and I think to make a success of one’s self. side of the United States, and God only that we could recognize this is the time My dad was a small businessman. I knows that is the wrong place for us to for us to really put our foot down and don’t know if you remember five-and- be at any moment in time. make something happen. ten-cent stores. We called them variety We want to be self-reliant, and we Mr. YARMUTH. And I would also stores. We had them in Cleveland, have the capacity to do that with not mention that this is about jobs. It’s Ohio, where I grew up, and I worked only oil and gas but solar and wind and about jobs, jobs, jobs, because this is there since I was 8 years old. And my wave and nuclear and a whole lot of going to be one of the emerging indus- dad taught me what it was like to bal- different things. tries of the 21st century. We know that. ance the books, not borrow unless you And it’s about time that we sort of The American people know that. I absolutely have to. I understood what say this is our time, this is our mo- mean, the polling on this topic is actu- it took to make payroll. We had eight ment to get it back on track. And I ally overwhelming. The high percent- employees and we took care of them. think that is what the President is say- age, a majority of the American people understand that we need to go in a dif- These were people that he was loyal to ing to Americans. That’s what the ferent direction in energy, that we and they were loyal to him, and he President is saying to American busi- need to make the investments, we need taught me about work ethic. ness. to stop global warming emissions. Sev- But most importantly, he taught me I would share with the gentleman enty-seven percent of the voters, ac- about what it takes to be an American, from Kentucky—he knows this because cording to one recent poll, want us to and given those opportunities to suc- he helped write this bill. The big bill act to reduce global warming emis- ceed, you will succeed. that we passed recently, the American sions, CO . They know that this is what And that’s why, to me, at this mo- Recovery and Reinvestment Act, the 2 ment of great challenges in our econ- we need to do. stimulus bill it’s called, it has some in- And, you know, this relates to what omy, people’s jobs may be being lost credibly positive things in it, not only my colleague has said so well. What we permanently, that this is the moment to stimulate the economy but on en- are proposing to do in this legislation, that we shouldn’t just be incremental. ergy. It has a smart grid, advanced bat- in health care legislation that we’re We shouldn’t be small thinking. We tery technology effort, and it’s mil- also working on, in the Recovery Act should be thinking big and look at this lions and billions of dollars for our uni- legislation that we’ve enacted, we’re as an opportunity, an opportunity to versities, for our businesses to come to- making a bet on America. We’re mak- truly change the direction of America. gether, putting the smartest people at ing a big bet on America. And that direction takes in a lot of the table from a business point of view, And I know that sometimes we hear different pieces, but of course, it starts how to take a product to market, as our colleagues on the other side say, with a solid education. And I know well as the science point of view, to get Oh, gosh, nobody borrows money to that when my mom made it a necessity these batteries for all electric cars and make money. Well, no. That’s exactly for me to go to school, college, I was for all sorts of innovation, to come to- what you do. That’s what virtually able to borrow money through the stu- gether and say we’re going to focus and every corporation that’s ever succeeded dent loan programs to get there. That we’re going to do it. We’re going to be in this country has done. They’ve bor- was an opportunity and allowed me to more successful than any other coun- rowed money and they’ve invested it in be standing here today representing try in the world. ways that enabled them to make enor- people in south Florida. But most im- b 1645 mous future profits. And that’s what portantly was that education that al- we’re proposing to do here. lowed me to see what our great univer- And you know something, we’re not We’re going to increase deficits in sities can do in terms of innovation only going to make it good for the this country over the next few years in and science and business and to com- United States; we’re going to export order to enact those policies. But we’re bine those great things together. those products and license that tech- making a bet that American ingenuity, We know the story of John F. Ken- nology. And all the other countries of American brilliance, will develop the nedy, when that little Sputnik went up the world, instead of, you know, ex- type of advances that will not only pay in space, and for those people who were porting to us, we’re going to start ex- back that deficit, will not only create living at that time, that little can that porting to them. Great opportunity millions of new jobs, will not only cre- went up in space was the Russian state- there. ate an exploding new industry, but will ment to the world that they were going There are also a whole lot of really also lead this country into a great era to be dominant in space, and that good things about energy efficiency, of prosperity and will make life better scared Americans. Not because they energy savings at home, encouraging for everyone, because if we can cut a knew that it was a direct threat, but people to buy products and giving them person’s utility bills from $3,000 or they didn’t know what it meant with tax incentives to buy products that $4,000 a year to $500 a year, that’s es- this Cold War going at that time. save on energy. Green jobs, green sentially a tax cut, a substantial tax But what John F. Kennedy did by buildings, all these kind of things just cut. saying, I’m going to put a man on the offer such great opportunities. So, you And I know they like to talk about moon at the end of the 1960s is, he said know, I look at this moment when raising taxes, raising taxes. But again, that we’re going to put science first we’re discussing energy, and not just as I mentioned earlier, what is the cost and innovation and challenge, and we about a drill, drill, drill issue. That’s of not doing something now? What is built a NASA program, and we put a not the issue. Of course oil’s going to the cost of reverting to that 20th cen- man on the moon not by 1970, but in be part of our national energy policy tury economy when gas was $4 a gallon 1969, in July. I remember that. and so will natural gas, and we have last summer, and where, you know, we And to me, that is the kind of inspi- more natural gas, and that’s good. know gas in Europe is $9 and $10 in ration that I think our President today But I’m from Florida. Florida should some places. What would that do to the is presenting to us, President Barack be leading the world right now in solar American economy if gasoline were $9 Obama, about using science, using power. We’re the Sunshine State, and or $10 a gallon? It would come to a technology, using business innovation every State in the country has some- screeching halt literally and figu- to earn our way and work our way out thing to advertise. People come to ratively. And that’s why the types of

VerDate Nov 24 2008 03:21 May 20, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.088 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5781 things we’re proposing in this energy type, a big, big market in the United when it’s not peak utility usage, when legislation are so critical, because States. That’s not the real number, but there’s actually low demand on utili- we’re making the big bet, the big bet some extraordinary number, and then ties. And they think by doing this, by that American ingenuity will succeed around world. creating these types of very smart ap- and we’ll once again dominate the That means that if you design and pliances, they call them smart appli- world and we’ll once again lead the can build in a cost-effective way and ances, that they will actually be able world into a much better era, an era of manufacture a light bulb that meets to save energy costs systemwide be- cleaner skies, cleaner water, and also these specifications, there is a big mar- cause they won’t be draining the utili- one of great prosperity. ket out there. So it certainly gives ties at the peak usage hours. I’m willing to make that bet on you, as an entrepreneur, as a business- So there are all sorts of very, very America because America’s never person, the signal to say, I’m going to smart things going on, and the legisla- failed. And I think that’s what is so ex- invest in something that I know tion that we’re proposing and the gov- citing and inspirational about the ad- there’s going to be a big market. And ernment initiatives that we’re trying ministration and the White House and over the next number of years that to initiate will go a great distance in the leadership in this Congress, that market will only grow and expand. It’s seeing that through. they’re willing to make the big bet the same thing that we’ve seen with One of the things that intrigued me that America will succeed. appliances. It’s the same thing with today, and I’m very proud of not just I yield again to the gentleman from our heating and air-conditioning sys- President Obama but also the auto- Florida. tems. The refrigerators that were built mobile manufacturers and the various Mr. KLEIN of Florida. I thank the 20 years ago used, I think, something State governments that were involved gentleman for yielding. When I think like 10 times as much energy as they in this discussion, to raise the mileage about, when people talk about the best used today, even though today’s aver- standards for automobiles to 35 miles a investment you can make is in your- age refrigerator is larger, does more gallon by 2016, which is far faster than self, and I know that over the years functions and everything else. And was provided for in legislation we I’ve known people that were very suc- that’s because over time, you know, passed in 2007. cessful in their own business and then people understood, they wanted it more But what’s fascinating to me about they sort of went outside, they had a efficient, they wanted to pay less. So this, and I think the gentleman would little extra money and they went out- they paid a little more for the refrig- agree, that technology is going to out- side their comfort zone and invested in erator up front, absolutely recouped strip even these standards that we’re something they maybe didn’t know that over time. setting. I mean, there’s a Ford Fusion enough about and sometimes they lost So, to me, these are the exciting right now, 41 miles a gallon in the city, money in that way. things when it comes to electric auto- a Ford Fusion hybrid. There are going I am so strongly in belief, as you just mobiles and hybrids and all sorts of to be electric cars that are coming out said, that investing in American sci- new technology that will make our within the next year or two that will entists, investing in American business homes more efficient, our buildings essentially get far more mileage than entrepreneurs, investing in the con- more efficient where we work. And it’s the prescription in this agreement that fidence that American consumers have, a moment where I think with a part- was reached. that we cannot only emerge in a nership of government sending the So that’s just a measure, one more stronger position, but we will abso- right signals and the right tax plan- measure of how successful, how innova- lutely dominate this energy field. And ning, and businesses and consumers tive our economy can be when given a I’ll give you an example. wanting to make these changes, want- challenge. And all we’re trying to do in The light bulbs that we see up here. ing to succeed and create these jobs this legislation that we’re proposing These are incandescent light bulbs that and wanting to be successful, it’s the now is to kind of put the challenge out were designed by Thomas Edison. The perfect combination. there with the right kind of incentives, technology, long, long ago, a hundred And I yield back. with the right kind of government push years ago. And over the years we’ve Mr. YARMUTH. I’m glad the gen- and funding and let the American spir- made certain improvements to them tleman mentioned those types of inno- it and American ingenuity have its and things like that, but they’re very vations, because the Consumer Prod- way. And I know that this is going to energy oriented. They really consume a ucts Division of General Electric is be—again, this is going to be a phe- lot of energy. based in my district, and I’m well nomenal job creator and an economic Well, you’ve now seen these new aware of the incredible progress that’s engine for America as we move for- bulbs, that sort of circular, looks like a being made in energy-efficient appli- ward. loop kind of thing, and those save a lot ances and in those light bulbs. And this And I’ll yield to the gentleman again. of energy. Now, they cost more at the isn’t the General Electric Company, Mr. KLEIN of Florida. Thank you. store right now if you go to one of the but another very large company in my And I absolutely agree. And if you stores because obviously there is a sup- district just went through their plant think about, you know, the auto- ply-and-demand issue. and replaced all of their bulbs with en- mobile, I’m in full agreement. I think But one of the things that we can do ergy-saving bulbs. It cost them $80,000 it’s exciting, and I’m glad to see that in government that doesn’t cost the to do it. Now, $80,000 is a pretty sub- our people at the automotive compa- taxpayers a dime is we can create mar- stantial sum to a business, but they nies understand this challenge, are not ket, something Europe has been doing made the calculation that $80,000 would standing in the way. They’re embrac- for a long time. And an example of be paid back many, many times over in ing it, and that’s pretty exciting. And I this, and I know the gentleman from savings as they went forward. think they’re embracing it because Kentucky is aware of this: Last year And this is going to happen in busi- they know that their survival is de- we passed a bill that will phase out the ness after business, in institution after pendent on selling a car that the Amer- old-fashioned light bulbs over the next institution, colleges, schools, you name ican consumer will want to buy, will number of years, transition. And when it, across the country will be making get efficiency in operation, will last, we say ‘‘phase out,’’ they’re going to these changes because they recognize and the maintenance will be minimal. have to put in, you know, they’ll basi- the savings. There’s a strong warranty behind it, cally be selling new light bulbs, new General Electric has, as do other things that were the mainstay of the energy-efficient light bulbs. manufacturers—I’m obviously going to automobile industry in the United Well, guess what that does. Without plug General Electric—has new appli- States for a long time and, you know, the government spending a dime, with- ances which actually are regulated so sort of tapered off over the last few out anybody doing anything, it gives that they will actually go on. They’re years. businesses and business entrepreneurs timed so that they will be—let’s say a But there’s absolutely no reason in and scientists a signal, a market signal dishwasher or a clothing washer or my mind why an American automobile that says there are going to be 450 mil- dryer will actually go on during peri- can’t be as good or better than any lion light bulbs sold in 2012 of this ods of the day when peak utility usage, automobile in the world and why our

VerDate Nov 24 2008 03:21 May 20, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.090 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5782 CONGRESSIONAL RECORD — HOUSE May 19, 2009 scientists and engineers can’t create card world for consumers, particularly Oh, gosh, efforts to reduce global the best automobile. at a time like this. So I appreciate the warming emissions are going to kill There’s a company in New Jersey work of the Senate. I know we’re going jobs—millions and millions of jobs— that has been working on a different to be working actively to get that bill and result in a huge tax increase. Most kind of concept which is very inter- resolved. Americans don’t agree with that. Most esting. They’re actually pushing—or But just to finish the thought, if I Americans agree this is going to be a not pushing. I think they’ve got the can, the gentleman from Kentucky, is benefit for the economy. Government of Israel to support this, just to say that this electric car con- Seventy-seven percent of voters favor and I think Finland also, where in cept, it’s exactly—whether that is the action to reduce global warming emis- Israel they’re going to be converting prototype for what is going to work in sions. Fifty percent of voters say they their entire—all their automobiles to America, I can’t tell you. But I love would view their Member of Congress electric automobiles over the next the idea that great thinkers are out more favorably if they support a com- number of years. there coming up with new ideas. The prehensive plan to create clean energy And here’s the simplicity of how this simplicity of being able to plug a car jobs and fight global warming. Only 22 works, because I love when people say, into a wall—there’s a plug in the most percent say they would view their Well, we can’t do it, and the naysayers. rural areas or there’s an electric outlet Member of Congress less favorably. And, oh, it’s too expensive or too this. in the middle of the city. So it’s pretty clear from these num- It just takes a little bit of thought to So I think that’s the kind of thinking bers and it’s pretty clear from the peo- get it through. that I would love to see as we move for- ple I talk to that the American people Here’s the simple idea. Right now, we ward. I know that the tax incentives are strongly in favor of our taking dra- have a tank of gas that may get you 200 are in place for the development of our matic action to set our country on a miles, 300 miles, and then you run out companies in the United States that new path where energy is concerned to- of gas. Okay? So it’s finite. It’s not like develop these. I know the American ward a cleaner energy future, a more your car runs indefinitely. You have to people are ready for the jobs and our affordable energy future, toward an stop at a gas station. And, of course, in economy is ready for rebuilding. I independent energy future. And I think the United States, we have gas stations think this is that moment in time as that the moves we are making in this a lot of different places, but there we pass this stimulus bill and we’re Congress will take us in that direction. aren’t a lot of places you can get flex now moving into the phase of letting I’m very proud that we’re doing that. I yield to the gentleman from Flor- fuels and a lot of other, which has held the companies compete for these grants and letting our universities par- ida. up the alternative types of engine de- Mr. KLEIN of Florida. I thank the ticipate in the development with our velopment in the United States. gentleman. I think when we talk about greatest scientists and greatest engi- This group has a car that has a bat- polls, obviously it’s interesting to hear neers to take us to the next level so we tery, and the battery, I think right now what the American people have to say the electric charge is maybe 100 miles, will have energy security, national se- because those are the people impacted which, by the way, for most people, curity, cleaner environment, and the by the decisions that are made here in you don’t go more than 100 miles in kinds of economy that my kids, your Washington. And particularly at home any city during the day. You may go kids, maybe our grandkids in the fu- right now, I know where I live in south 30, 40 miles, and then you can swap the ture, will be able to enjoy and partici- Florida, people are hurting, they’re battery out. You go to a gas station, pate in. suffering. They’re looking for what is which is now a service station. You Mr. YARMUTH. Exactly. And mil- going on for the future of their jobs, swap the battery out just like you did lions of new jobs and essentially a re- their businesses. If they’re senior citi- with your old—your telephone battery duction in everyone’s utility costs that zens, they’re concerned about what’s kind of thing, and then you pop it back will amount to a substantial tax cut. going on in the economy. in and you’re ready for the next So, in my view, and I think the view of But I think what is going on is there charge. Or you plug in at night at most Americans, this is a win-win-win- seems to be a little bit of a glimmer of home. win-win. some turn here. It’s going to take time. Now, if you think about it, our util- Before we yield to another colleague, What we all inherited—I’m talking ity plants right now operate at peak I’d just like to go through some of about America, I’m not talking about capacity during the day. In the middle these other poll numbers to show this Congress—but all of us as Ameri- of the night when factories aren’t nec- where the American people are, be- cans, we inherited, unfortunately, a essarily operating and the peak load cause sometimes we sit in this Cham- pretty deep situation with the bank for electricity is down, they’re oper- ber—and we have equal time with the crisis and things like that. ating at 30 percent, 40 percent, 60 per- minority party so we have equal min- We all go through recessions. Reces- cent, whatever the number is. So if you utes. Sometimes you might get the im- sions cycle out. We do everything we were to plug all these cars in at night pression that there’s an equal number can as a country, both public and pri- with a nominal amount of electricity, of people who agree with that position, vate sector, to contract the amount of no big deal. It makes full use of the ex- an equal number of people who agree time it’s going to take to allow a reces- isting capacity. You don’t need another with our position. sion to go through. megawatt of electricity to do this, and But this is a poll actually done by a But, again, I see this as a time also you’ve got a car that has no emissions combination of Democratic and Repub- with the new President, President whatsoever. lican pollsters and also by the Pew Re- Obama, as really taking this moment search Group. Seventy-four percent of to say we’re going to have to fix some b 1700 Republicans, 70 percent of Independ- of the problems that have been fes- We also know that this 100-mile ents, and 74 percent of Democrats be- tering a long time. We have an invest- charge, in the next couple of years it’s lieve jobs that reduce our dependence ment in roads and infrastructure and going to be 120 and then 150 and then on foreign oil are very important for schools and bridges and things like 200, because the technicians and the helping the economy over the next 5 to that. science people are going to get these 10 years. We have an investment in health batteries up and running, just like they Sixty-three percent of Republicans, care—to try to fix the health care sys- make cars more efficient over time. 70 percent of Independents, and 37 per- tem. We’re debating a lot of new ideas I thank the Senate for passing the cent of Democrats believe jobs that are right now. I know that every one of us Credit Card bill. I think that’s a very improving energy efficiency are very has a family situation with a pre- exciting bill that the House passed al- important to helping the economy over existing condition. My sister had can- ready—it’s called the Credit Card Con- the next 5 to 10 years. cer diagnosed recently, and she’s going sumers Rights bill. I think in a bipar- Fifty-nine percent of voters believe to have problems with insurance. You tisan way many of us in the House were efforts to tackle global warming will know something? This is that moment very excited about the opportunity to help create jobs. We heard from the when you need insurance—not a per- try to get some balance in the credit other side earlier this afternoon that, fectly healthy person.

VerDate Nov 24 2008 03:21 May 20, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.091 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5783 But whether it’s energy or health but we know pretty certainly what the many gifts made the Marine Corps, and care or education or the bridges and cost of not acting is, because the pro- this Nation, much better. roads and universities, things like jections just in Medicare alone are that He became an infantry rifleman, ex- that, these are the things that I think we’re facing something like a $70 tril- celling all through basic training. Be- are really beginning to come out. The lion projected deficit in additional def- fore long, he proved his bravery by polls can say something, as my friend icit in Medicare over the next 50 years. serving a tour of duty in Iraq, spending from Kentucky said, but these are So we don’t have the option of not several months in Ramadi in the Sunni Americans talking. These aren’t Demo- acting. We don’t have that option. Yes, Triangle. In this dangerous setting, crats or Republicans or Independents. we are going to spend some money in Cameron continually did his job faith- These are Americans from all walks of the next few years. But, again, if we fully, and he did it well. life, from all 50 States, rural areas and don’t, we face a certain dismal future. He won a variety of honors for his industrial areas, areas where there’s If we act now, we have a chance of service and, at the time of his death, been a great history of success and turning this country in the right direc- was prepared to again answer the call areas that are now having great dif- tion and creating a very prosperous of duty for his country and return to ficulties. and bright future for our country. Iraq. I think that’s why it is exciting to Now I’d like to yield to another Mr. Speaker, I also want to recognize have the kind of energy and the kind of member of the class of 2006, a good the life and service of Sergeant Joseph leadership that’s coming out of the friend and colleague from Indiana, Mr. Ford, originally of Knox, Indiana, a White House. We may not necessarily DONNELLY. proud member of the Indiana Army Na- grant every single thing, but I think The SPEAKER pro tempore. Without tional Guard. He died on May 10, 2008, that what’s going on right now in objection, the gentleman from Indiana when his vehicle rolled over during a Washington, there’s a great amount of will control the remainder of the hour. training exercise near Al Asad, Iraq. trying that’s going on, a great amount There was no objection. For most of his life, Sergeant Ford of effort going into passing things. COMMEMORATION OF THOSE WHO GAVE THEIR was simply known as Joey. Joey had a There’s been a number of bills LIVES IN THE ARMED FORCES love of learning throughout his life; in passed—everything from health care to Mr. DONNELLY. Thank you, Mr. particular, a passion for history that the energy issues. We know that as we Speaker. I’d like to thank my two col- led him to attend the University of move forward there are going to be leagues, Mr. KLEIN from Florida and Southern Indiana to major in history. greater issues to tackle. And I know Mr. YARMUTH from Kentucky, for their Joey’s passion for history reflected a that all of us feel very strongly this is insightful ideas and words. passion for his country. This passion— a moment where we want to hear from Mr. Speaker, as we near Memorial this patriotism—kindled in him the de- our constituents, to talk to us, to let Day, I rise today to offer some words in sire to serve his country. The dedica- us know what is on their mind; not get commemoration of those who gave tion to military service did not come caught up on the discussions on cable their lives in the Armed Forces; in par- without challenges for Joey. In order television. Obviously, everybody’s got ticular, three sons from our Second to meet the physical demands of the an opinion. District of Indiana. military, he embarked on an aggressive Literally, when we come home and I know that words are only a poor weight loss program, losing over 70 we’re talking every day at home with and passing memorial, gone as soon as pounds in order to be able to join the what Americans are talking about, spoken. Flowers, plaques, and even Indiana National Guard. what is important to them, this is that stone—the other tokens we offer on This desire to serve his country did time to share with us. I know that Memorial Day to celebrate our fallen not stop at the water’s edge. His com- many of you do. I just want to continue sons and daughters—all of these will manding officer, Lieutenant Chastain, that conversation as we move forward. decay and crumble. Nothing we give stated that Ford wanted to be the gun- I just wanted to thank the gentleman will endure as long as the gifts of these ner on an armored vehicle rather than for bringing us here tonight to talk soldiers who, in their death, gave an the driver. He said of Joey, ‘‘He exem- about energy because this is something example of fidelity that will never die. plified what a dedicated soldier is.’’ that is going to have one of the biggest Lance Corporal Cameron Babcock, 1715 impacts on our future, both our foreign was a native son of Plymouth, Indiana, b policy and our domestic policy. I look and a proud member of the United This dedication was honored by his forward to working with you and all States Marine Corps. Cameron lost his posthumous promotion from specialist the Members of Congress on making life at Twenty-Nine Palms Marine Base to sergeant and the awarding of a sure we get it right. in California on January 20. Bronze Star. Mr. YARMUTH. I thank the gen- Cameron was a fine young man. He Mr. Speaker, great as his love of tleman. He makes a very important loved his family and he loved his coun- country was, he also loved his family, point, and that is that you started in try. Cameron was fun-loving and was in particular, his parents Dalarie and this way, that we are at a critical junc- known for his bear hug. He knew the Sam and his wife Karen. ture in our Nation’s history and the value of the small things that made life Joey had met the love of his life history of the world. We, for once, at a joy—being with friends, playing while he attended the University of least in my memory, are starting to music, four-wheeling, and spending Southern Indiana. His friend and fellow look at the long-term needs of this time with his beloved family. Cameron Guardsman, Keith Ausland, noted that country and this world. was successful in enjoying the many his conversations with Joey during We don’t do that very well in this riches of life. training and in Iraq generally ended country. It’s always we look to tomor- His talent with the trumpet led him not with concerns about the mission row, we look maybe to next year, but to compete at the State Jazz Festival but concerns about his family. Ausland we don’t look at the next generation in 2005, and his musical talent also led wrote in his tribute to Joey that, ‘‘Joe and the generation past that. And in to his participation in the Wind En- was a new husband, and he loved his the debate we will have in coming semble, comprised of some of the top wife dearly.’’ weeks on energy and later in the year musicians at Plymouth High School. When his mom Dalarie was asked on health care, we will hear, again, this Cameron’s warm personality attracted about the one thing she would want her very distinct difference in opinion. to him a wide circle of friends. son remembered for, she said, ‘‘He was I heard Members this morning and I But Cameron also knew the value of so kind to everybody. At the memorial heard the minority leader on Sunday matters larger than himself. His life- service it was amazing just to see all on television talking about health long dream was to join the proud ranks the unique people who loved Joey. He care, saying the cost of reforming of the United States Marine Corps. never wrote off anyone, and he was health care is so great, it’s going to Shortly after graduating from Plym- friends with everybody, all shapes, cost billions and billions of dollars, outh High School in 2006, Cameron sizes, all walks of life. Joe was a gentle which we know. We don’t know exactly dove right into this dream and en- soul.’’ So today we remember and how much it’s going to cost to do that, listed. His energy, enthusiasm, and honor Joe Ford, a patriot and a gentle

VerDate Nov 24 2008 03:21 May 20, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.092 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5784 CONGRESSIONAL RECORD — HOUSE May 19, 2009 soul, a proud dad, a proud husband and Mr. ROE of Tennessee. Thank you, I want to mention a couple things be- a wonderful son. Mr. Speaker. We’re here this evening to fore we start. Health care affects all of Mr. Speaker, for much of the history begin and continue a very important us, whether we’re Democrats, Repub- of war, the number of soldiers struck debate in American society. I think it’s licans, Independents, or whether we’re down on the battlefield has been probably one of the most important so- totally apolitical. At some point in dwarfed by those killed by illness and cial debates we’ve had in the last 40 time in your life, you’re going to have disease. Thankfully, modern medicine years in this Nation since the debate to make decisions about how I receive has made the scourge of disease far on Medicare in 1965. and get health care for myself or my more remote for our soldiers today, We’re here tonight as a Physicians family. which makes the death of Private Caucus to discuss health care reform. We’re going to start this evening by Randy Stabnik, also of the Indiana My background, I spent 31 years prac- giving another opinion or another view Army National Guard, all the more ticing medicine in Johnson City, Ten- of the health care plan and how it is to painful. nessee, in the First Congressional Dis- be administered and obtained. The On February 17, Private Stabnik died trict. As I’ve watched our health care principles that we’re going to talk from pneumococcal meningitis, a rare system change over the past 30 years, about for health care reform are, num- and unexpected death. After Randy had it really spurred me to run for Con- ber one, make quality health care cov- joined the National Guard, his family gress, to come here and be part of this erage affordable and accessible for could see how much he was growing to great debate that will affect every every American regardless of pre- love his service. His dad Jim, when American citizen. existing conditions. In a country that asked about his son’s service, said, I recall when I made my decision to spends 16 percent of its GDP, over $2 ‘‘When he came home for Christmas, I go to medical school, I wanted to be a trillion a year, on health care, I think could tell he missed it. He missed the family practitioner. Somewhere along there’s no question that we can provide lifestyle. He missed his friends there. the way, I discovered I had a great a basic health care plan for each Amer- He loved it, but missed his son. They knack and a love of delivering babies. I ican. were very, very close.’’ have delivered almost 5,000 of them, Now what I mean by basic health His son Nathan, only 8 years old, lost many of whom are now grown. One of care, it’s not a plan where you can get his 28-year-old dad. This is part of the the great advantages you have as an hair transplants or face-lifts or all this. tragedy of war. Soldiers fight and die obstetrician when you run for Congress But if you are out there injured in an to protect those they love, and we is that you can deliver your own vot- automobile wreck or have a heart at- must never forget the burden of sac- ers. There is some advantage to that. tack or have a gallbladder that goes rifice borne by the loved ones who are We have a health care problem in bad, you can get basic health coverage left behind. America. Some call it a crisis. For and care. His son and his family should know some, it is. For others, it’s cost. Cer- I think this is something that all that Randy cared deeply for them. His tainly we know that there are great Americans believe in. I think we now mom said shortly after his death, concerns about the cost of health care. have crossed that bridge and believe we ‘‘Randy was Mom’s baby, Mom’s angel. In the next hour we’re going to dis- can do that. I think the differences He was my heart.’’ And her angel, he cuss how we’re going to address this we’re going to have in this great debate remains. But he is also an angel for the health care crisis. We can ensure that that we’re going to have are, how are entire Nation. every American can get the care they we going to accomplish this very noble Mr. Speaker, ultimately the greatest need, protect individuals from costs task? In a few minutes I will go memorial to these fallen patriots, to that can bankrupt them and make through how we tried this in Ten- Cameron, to Joey and to Randy, will health insurance portable so that you nessee, and how it was not successful. not be my words nor anything we can don’t lose your coverage just because But I think it can be. build or bestow. Our greatest honor for you change jobs or move from one Most Americans also fear, I think them will be to look not toward them State to another. rightly so, that a basic health prob- but to look where they looked, to seek We can also take the profits out of lem—it may be leukemia or a cancer of what they sought. If we work for that health care by reforming the health in- some type—can bankrupt the family. same good for which they gave their surance industry to bring about a pa- Certainly we don’t want a situation lives, if we create a nation at once tient-centered approach to providing where a family, through no fault of more just, more secure, and more free, health care. Enacting a public plan will their own, develops a disease process, we will be a brighter beacon in a fre- not bring about this type of change, and then you use up all the family re- quently dark world; and we will have and I’m going to go into that in some sources you’ve saved in a lifetime to given our fallen brothers and sisters a detail from the experiences we’ve had provide care for your family. true memorial worthy of them. in the State of Tennessee with our Ten- The second principle we’ll talk about Thank you, Mr. Speaker. nessee Medicaid system called is not a government-run health care I yield back the balance of my time. TennCare. plan. This eliminates coverage for If you think you won’t be affected by more than 100 million people who re- f a public plan, consider this: A recent ceive insurance from an employer, and MESSAGE FROM THE SENATE analysis of this plan by the respected it restricts patient choice of doctors A message from the Senate by Ms. independent firm Lewin Group esti- and treatments and results in the Fed- Curtis, one of its clerks, announced mated that 70 percent of individuals eral Government takeover of health that the Senate has passed with an who have health care coverage through care. amendment a bill of the House of the their employer would lose those bene- Let me sort of explain how this following title: fits in favor of a public plan. Now this worked in Tennessee. In the early nine- ties and mid-nineties, the big debate in H.R. 627. An act to amend the Truth in plan could very easily become a Med- Lending Act to establish fair and trans- icaid-type plan. this country came along about control- parent practices relating to the extension of When supporters of a public plan say ling health care costs or managed care. credit under an open end consumer credit they want the public plan to compete We were going to control costs through plan, and for other purposes. with private plans, the facts show that deciding who and what care was appro- f what they’re really saying is that they priate and so on. Well, that didn’t want Washington bureaucrats to take work. Health care costs have continued ADDRESSING THE HEALTH CARE over the health care decision-making. to escalate in spite of managed care, CRISIS I want to talk for a while or speak to and managed care basically has moved The SPEAKER pro tempore. Under you a little while about the principles the pay to providers over to the third- the Speaker’s announced policy of Jan- that House Republicans have put for- party payers. uary 6, 2009, the gentleman from Ten- ward to start the debate over how to In Tennessee we had a very noble nessee (Mr. ROE) is recognized for 60 bring about patient-centered health plan. We wanted to cover everyone in minutes. care. our State, and we’re not a wealthy

VerDate Nov 24 2008 03:21 May 20, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.094 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5785 State, so it was a noble goal. Right plan. And really over time—and I think often these days. And so I thank the now in the State of Tennessee we have a very short period of time—you will gentleman for that. TennCare, which is our Medicaid plan. see the public plan, along with Med- Yes, I wanted to make a few com- We have the uninsured, we have Medi- icaid and Medicare, become the only ments, as well, regarding this health care, and then we also have the private options available. care debate that is coming to a head health insurance coverage. About 60- Now why do we think that this is not here very soon. Patients are very sim- plus percent of Americans are covered a good idea? Well, we’ve looked at pub- ple in what they want from health by private health insurance coverage. lic plans, and I have studied these ex- care. Certainly they want choice. They In Tennessee when we applied the tensively in foreign countries. In Eng- want affordability. They want control. TennCare solution, which was a man- land, Canada, Sweden, Norway, Ger- And they want good results. And I aged care solution with multiple third- many, France, Italy, other major Euro- think that that is quite reasonable. party payers at that time, the plan was pean industrialized nations. And certainly on the other side of the not fully vetted and thought out well. aisle where there is a debate about a b 1730 One of the things I’ve said the entire single-payer system, really a govern- time I’ve been here, Let’s do this And this is what you would find. The ment-run system, I think that there is health care plan right. Let’s not do it way costs are controlled are by ration- not any disagreement about the fact fast. I think one of the mistakes we ing care. In other words, when you that we want everyone to have access made in Tennessee was going too rap- have used up all the public dollars that to health care, and we want everyone idly with this plan. you have dedicated for health care, you to have access to good health care. So we instituted this plan, and what have to create ways. An example is in I think where the debate begins to we found out was that 45 percent of the Tennessee. What we did was we simply fall down is that in our opinion on this people who applied for TennCare and shrank the rolls. We realized if so side of the aisle, we feel that a govern- were granted it had private health in- many people got on the public plan, the ment-run system is not a well run sys- surance coverage. Well, I went to the TennCare plan, that the State no tem. It is an inefficient system. It is a providers recently, hospitals and other longer could afford to budget for it. wasteful system. We have many, many providers, and I said, What percent of Our health care costs were more than examples of why that is true. We don’t your costs does Medicaid or TennCare education in the State. So what the have to even turn to health care. We pay in your particular facility? And Governor did, along with the legisla- can look at any system that has been the resounding answer was, about 60 ture, is just cut the number of people run by government, and not just the percent. So you have a significant per- off the TennCare rolls. United States Government. Cities and centage of people now who have given Well, for instance, in Canada, if you States all reveal considerable waste be- up their private health insurance and have a heart attack, your average time cause it is the nature of the system have gotten on the public plan, which to go to the operating room is 117 days. itself. On the other hand, in the private only pays about 60 percent of the pro- They simply ration their care in Can- system, there is the administrative vider costs. You also have the unin- ada. And they have great physicians ability to remove fraud, waste and sured who pay some percentage of their there. As a matter of fact, in the last abuse. own costs, and Medicare pays about 90 decade, 11 percent of the Canadian phy- I will give you an example. Today percent of the costs. sicians have moved to the United with Medicare and Medicaid, we recog- So as you shifted more people from States. I have several very close friends nize that there is fraud, waste and the private plans to the TennCare plan, who are Canadian physicians and col- abuse. Everyone knows it. Many politi- you forced the private health insurers leagues. And they do a wonderful job. cians get up and clamor that they will to charge more for their plan. That’s The president of the Canadian Medical be able to remove it, but none has been what happened. What I can see hap- Association once stated that a dog in able to do that. The reason is because pening in the public plan is exactly Canada could get a hip operation with- of the nature of government itself. this. It’s going to be described, we’re in 1 week, and a patient there, it took Government cannot remove fraud, going to have a plan that’s competi- between 2 and 3 years, simply because waste and abuse. In order to attempt to tive. It will be very rich in benefits. of lack of government funds to provide do so, it has to build, first of all, a And what happened was, in Tennessee all of the benefits that the government large bureaucracy. It has to catch the the actual TennCare plan was richer in had promised. offenders. With that, there has to be benefits than I could afford to provide So in this particular plan, the one prosecution of the offenders. And when my own office staff and myself because thing that I want as a physician, that you get down to it, you only find the of the costs. I have utilized for years, is that you very most egregious small percentage When you have politicians deciding want to maintain the patient-physician of those who are actually committing what goes into a basic plan, it will be- relationship. The one thing that is ab- fraud, waste and abuse. So you get come richer and richer and richer. solutely mandatory, in my mind, is really a small tip of the iceberg. So What will happen in the public plan— that the decisionmaking between pa- much more is underneath that a gov- and you’ll hear the buzzwords. It will tient and physician is paramount. Doc- ernment can never get to. be competitive. If you like your own tors and patients should be making On the other hand, if you look at a health insurance coverage, you can health care decisions. Some govern- private business, private business has keep it. You don’t have to give it up. ment bureaucrat should not be decid- all sorts of ways of finding fraud, waste Just keep what you have. ing whether you get your hip replaced and abuse and removing it administra- Well, what will happen is this: Busi- or your aging parents get the care they tively. For instance, a physician who is nesses will make a perfectly logical de- need. practicing inefficient medicine in an cision. What they will do is—and this is I’m going to stop at this point in the organization, in a private organization, small business because in businesses in principles, and there are lots to talk he can be reeducated, or she can be re- this country with over 200 employees, about tonight. And I see my colleague, educated, or just simply removed en- 99 percent of those have health insur- Dr. FLEMING from Louisiana, is here. tirely from employment. But govern- ance coverage. And I would like to yield him as much ment is unable to micromanage indi- So this is what will happen. You have time as he feels is necessary. vidual behavior. And every time we at- the public option plan, the govern- Mr. FLEMING. Well, thanks to my tempt, we simply run cost up. And I ment-run bureaucratic plan that will colleague and the gentleman from Ten- will give you another good example of have a lot of benefits, except it won’t nessee, Dr. ROE. Dr. ROE certainly has that. If you look at the post office and pay the cost of care. And when that a lot to bring to the table being a phy- compare it to FedEx or UPS, you will happens, the cost of private insurance sician for many years and also having see these private companies run so effi- once again will be forced up, causing quite a political background being ciently and so profitably. And yet, of more and more and more businesses to mayor of a city and actually having course, the post office does not run effi- do away with their private health in- balanced a budget and even having a ciently. There are long lines. And that surance plans and put it on the public surplus, something we don’t see very is just one way to control cost, and

VerDate Nov 24 2008 03:21 May 20, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.095 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5786 CONGRESSIONAL RECORD — HOUSE May 19, 2009 then, of course, ultimately we have to Dr. ROE, how am I going to do? I can ance coverage. And so we have a real pay higher rates. say, look, you’re going to have some challenge before us to entice or to So I think that we really have to tough times. It’s going to be hard. This incentivize them to join, because if look at the endemic problems within a therapy is going to be difficult and they join into the plan, we can work private system versus a public system tough. But you’re going to make it. through preventive health care and when we see that really there are only And you’re going to live. And you’re early diagnostic care to prevent them two ways to control cost in a public going to get through it. And I’m going from disease down the road, and also system. And we are attempting one of to be through it with you. their dollars up front will help fund the them and have been doing so for the What has happened in England is last 10 million, which is the most crit- last 20 or 30 years, and that is price that the best results they had ever was ical 10 million, and that is older adults controls, price controls on the pro- a 78 percent 5-year survival rate. And who are not Medicare age who do not viders, the hospitals and the doctors. they quit doing routine screening have affordable accessibility to health And that would be a wonderful thing mammograms in England. And the rea- care coverage, and therein lies a prob- perhaps, at least for consumers, if it son they quit doing that is because lem. They are not the poor. They are worked. But what goes up faster than there is a false positive rate. That not the elderly. And they are not peo- health care every year? Nothing that means the test says you have some- ple that work for corporations. They I’m aware of. It is the one part of the thing wrong, you go and have a more are small business owners and their economy where we have price controls, sophisticated biopsy. It is called a employees, a critical 10 million popu- the only one, and yet it goes up faster ‘‘wire-guided biopsy.’’ It requires a ra- lation that are finding their ways into than anything else. diologist. It is a fairly sophisticated, as the emergency rooms late in their ill- Well, what is the only other way we you all know, procedure. But what hap- ness with outcomes poor, far more cost can control costs? That is rationing. pens is that that costs more than the required. And of course we physicians And you say, well, we are not rationing screening mammogram. So now they and hospitals have a mandate to pro- care today. Look at Medicare and Med- just wait until you develop a lump that vide care to them regardless of their icaid, still a reasonably smaller per- you can feel. And as most physicians ability to pay, which is a noble Amer- centage of the total health care system know, that is about 2 centimeters or ican concept. But the problem is, that here, and it is able to provide good three-quarters of an inch. cost has to be passed on to others, tax- service to recipients, even though they I don’t think the American people payers, those who are paying their in- are government-run programs, only be- are going to tolerate that for their surance subscription rates. And I’m cause you have a much larger private families. I know I won’t tolerate that sure we, as Americans, are willing to system that is able to keep it sup- for my family. I don’t want a govern- do that to an extent. But if you take ported. Now if we expand that to a ment decision based on the amount of those same dollars and you allow these large, government-run health care sys- money whether my wife or my daugh- people to get insurance and early pre- tem, it is going to make up 17 percent ter can have a mammogram. I yield ventive care, have a medical home, a of our entire economy. Where are we back. family doctor, those costs will col- going to get the money to prop that Mr. FLEMING. I thank the gen- lapse. They don’t have to be the high- system up? Where is it going to come tleman from Tennessee, Dr. ROE, for price, low-yield kind of care that they from? And so what we are going to end his excellent comments. get through the emergency room. up with is the same place where Can- What you’re pointing out is that ra- And lastly, I think it is important ada, the U.K. and all the other coun- tioning is not just about inconven- that we look at reforming health care tries that have gone to a single-payer, ience, although there is a lot of incon- laws where we can allow physicians government-takeover-run system, and venience where someone has to wait 6 and hospitals and other providers to that is that there is going to have to be months to get a surgery, elective sur- come together to begin to work to- cuts. When we get up to a point where gery or something like that. But it also gether and to compete to lower the budgets have to be evaluated, we are means accepted death rates and accept- overall cost of health care rather than going to have to make cuts. And when ed morbidity rates so that people go having it being dictated from Wash- you make cuts, that equals rationing. unable to work because they need a hip ington, which as I pointed out, is really Mr. ROE of Tennessee. Will the gen- replacement or someone dies waiting a very poor way to try to cut costs. tleman yield for a moment? for needed surgery for a disease dis- And then finally, that we do away, Mr. FLEMING. Yes order. They go delayed diagnosis for a remove from the lexicon, the idea and Mr. ROE of Tennessee. Here just a tumor which is going to end up in even the verbiage that says ‘‘pre- minute ago, we heard a debate on the much more cost down the line because existing illness.’’ There should never be floor about how we are going to have to it wasn’t prevented or diagnosed ear- that term used ever again. redo Medicaid and Medicare. And we lier. So rationed care I think is unac- have a system already that has prom- ceptable to the American mind. And I b 1745 ised up to as much as a $70 trillion would just say that if we go towards a In conclusion, I just want to empha- promise that we have unfunded, a gov- government-run system, we have to be size the need to remove the term ‘‘pre- ernment system that we don’t have the willing to accept the fact that we will existing illness’’ from the lexicon and money to pay for now, and we are have rationed care. I don’t see any way that we make it easy and affordable for thinking about starting another one, around that. all Americans to access the health care another government system. And you I do want to just sum up before I system; but as I say, I think we all to- mentioned rationing of care. It brings yield, and that is that I think that in night would agree that that is done to me the thought of breast cancer. evaluating the American psyche today much better through a private plan As a physician in our practice, we av- when it comes to health care, we find rather than through a government erage seeing one newly diagnosed that 83 percent of Americans like the plan. I know that we hear some rhet- breast cancer per week. And when I health care the way it is. They like oric about, well, let’s have both a pri- began my practice over 30 years ago, their insurance coverage. They like the vate plan and a public plan—and I’m half the women, approximately half the doctor that they see. They are happy. sure that my colleagues tonight will women, died in 5 years after being diag- The problem that we are talking about expand on this—but if you have one nosed with breast cancer. It was a ter- today is the 47 million uninsured. And plan that’s controlled and subsidized rible, and still is, a terrible diagnosis. who are these people? Well, statistics by the government, whose responsi- And one of the great miracles of medi- tell us that probably 10 million or so of bility it is to be sure that there’s an cine is we haven’t cured that disease, those are illegal aliens. And, of course, even playing field in the competitive but we have improved the life expect- that is a whole other debate. We need arena, we know that the public plan ancy for a woman diagnosed early to a immigration reform. There is also will always receive advantages and 5-year survival rate of 98 percent. It is probably half that number who are benefits, and the private plan will then a wonderful story to tell. When a pa- young adults who are healthy who atrophy. I think it’s far better to work tient comes to my office, and she says, elect not to get any health care insur- through the private arena and to let

VerDate Nov 24 2008 03:21 May 20, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.097 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5787 the government do what it does best, thinks the blueprint for health care re- wagon’’ I think they called those and that is to protect its citizens and form should be. So we’re getting little things back when I was a kid. to ensure an even playing field. inklings. Mr. Speaker, that’s what I want to With that, I yield back to my friend I’ll tell you, Mr. Speaker, the main bring to this discussion tonight. We from Tennessee. thing that we’re opposed to, and I need to be very careful not to over- Mr. ROE of Tennessee. Thank you, think that I speak for all of my col- react. We don’t need a government-run Dr. FLEMING, and thank you for those leagues, I know, in the Republican GOP program to solve this problem. We do great comments. Doctors Caucus but probably for most have too many who are uninsured. For the public, we have had, for the of my colleagues on this side of the There are various and sundry reasons last several weeks and months, a physi- aisle no matter what their profession. why they don’t have health insurance. cian’s caucus that has met now some- We do not want to overreact to a prob- Yes, some of them are not poor enough times one and two times a week to dis- lem, to a problem of too many people to be eligible for Medicaid, so they cuss this ongoing health care debate. not being able to afford health insur- missed that safety net. They’re not old With us tonight here is one of the lead- ance, to an overall problem of the cost enough to be eligible for Medicare, so ers in that caucus, Dr. PHIL GINGREY, of health care and to those insurance they missed that safety net. They just who happens to just have the same spe- policies, 150 million of them probably have enough money, but they can’t af- cialty as I do, and he has been very provided by employers. Many of these ford expensive health insurance. We heavily involved in the health care de- employers are small, mom-and-pop can do things to help them without bate over the past several years, so I companies, and they just can’t afford turning this great health care system will yield now to Dr. PHIL GINGREY it. They can’t afford to continue to pay that we have—lock, stock and barrel— from Georgia. those premiums that are increasing by over to the Federal Government. Mr. GINGREY of Georgia. Mr. Speak- double-digit rates from year to year. Right now, part of the reason for er, I thank the gentleman for yielding. So that’s the problem, and we all un- lack of access and affordability is that It’s a pleasure to be on the floor with derstand that people don’t have access the private market and the physicians my colleagues, with my physician col- because they can’t afford it. In some who practice in that venue have a tend- leagues, who are part of the GOP Doc- instances, they don’t have access be- ency to do too much. Maybe they order tors Caucus. I think, among us, we cause they have preexisting conditions, too many tests. Maybe they order du- have something like 335 years of clin- but we don’t have to overreact. I don’t plicate tests because they don’t know ical experience, so we do feel that we know why it is that, in Congress, ev- that the doctor down the street or in bring to the body, to this great House erything has to be a knee-jerk response the next county had done the very of Representatives, some useful infor- where you just absolutely have to same test a month ago. There are no mation, some practical information, throw the whole kitchen sink at every electronic medical records for at least not highbrow, academic, research- problem. It may be because the media, 300,000 doctors in this country, so we’re based information. I think we’re just in some instances, ginned it up almost a long way from having fully inte- talking about, for the most part, the to the point of hysteria. Then there are grated electronic medical records meat and potatoes practice of medi- a lot of public opinion polls taken and where, every time that patient comes cine, different specialties. a lot of push, and the next thing you into your office or into the emergency We just heard from our colleague know, you’ve spent $2 billion in pre- room, you know exactly what they’ve from Louisiana, Dr. FLEMING—a family paring the country for swine flu and in had, what you should order and what practitioner for many years. Dr. ROE producing a vaccine that probably will you shouldn’t order. from Tennessee is a long-term practi- never be used, and if it is used, it will So that’s all part of the problem, but tioner of obstetrics and gynecology, as have the potential of doing a lot more we can deal with this without having a am I, and we have a number of harm than good. government default program, because I don’t want to say that we over- orthopedists in our GOP Doctors Cau- what happens is, in that instance, reacted to Katrina. I don’t think we cus. So we bring a broad spectrum of you’re going to say, well, I’m going to did, but—gosh—we did buy a whole lot experience. solve this problem because the doctors of trailers, sitting somewhere down You know, as we look at this issue of and the hospitals are doing too much there in Louisiana, that are soaked health care reform, the main thing is and are running up the cost, and so you with formaldehyde because the con- the urgency that the Democrat major- turn it over to the Federal Govern- ity has placed upon it to the extent struction was rushed. You know, in a lot of instances up ment. What do they do? They do too that the Speaker, the majority leader, here, we create, I think, more problems little. They do too little. They begin to and the President want a health care than we solve. There was an old adage, ration just like they do in other coun- reform bill by the time that we leave Mr. Speaker, in OB/GYN—and I think tries, like in the U.K. and like our here for the traditional August recess. Dr. ROE has probably heard this one, great friends to the north and like Here we are in mid-May, so we’re talk- too, because he’s also an OB/GYN prac- other countries that have experienced ing about, maybe, 21⁄2 months away. titioner. Most people want to say, that for many years. The only way It’s going to be awfully tough to do ‘‘Don’t just sit there. Do something.’’ they can pay for those systems is by that. Although, Mr. Speaker and my How many times have we heard that rationing and by long queues. What colleagues, we have been doing a lot of expression up here? I mean, people will happens? If they can afford to, a lot of work on both sides of the aisle. Unfor- call and say, ‘‘For goodness sakes, why those people come to this country for tunately, it has not been done in a bi- don’t you all do something? Don’t just care. A lot of their doctors move to partisan way. Those of us in the minor- sit there. Do something even if it’s this country where they can practice ity, the Republican Party, have really wrong.’’ medicine and can make a decent living. not been privy to too many details For Dr. ROE and I, our motto was So I just wanted to touch on that. I about what is in the Democratic major- ‘‘Don’t just do something. Sit there.’’ will yield back to Dr. ROE, who is con- ity’s plan for health care reform; but I’m talking about late at night when trolling the time. we can read; we can watch television; you’re waiting for a lady to have a My friend from Georgia, Dr. PAUL we can listen, and we can pay atten- baby, and if you just leave her alone, BROUN, is on the floor. I know he’ll tion. Indeed, there have been some she’ll have that baby, and all you’ll want to talk and will want to bring trips over to the White House to com- have to do is catch it, and if you start some intelligence to this issue, but miserate with the new Commander in meddling and trying to push things and let’s just say this as my closing re- Chief, our President, about ideas. rush things and overreact, you cause marks: The former majority leader of the some problems, don’t you, Dr. ROE? I don’t want to just do something Senate and the almost Secretary of I yield to the gentleman. even if it’s wrong. I’m willing to sit Health and Human Services—and I’m Mr. ROE of Tennessee. We used to there, to think and to hear from a lot talking about Senator Tom Daschle— say, ‘‘Smoke a long cigar.’’ of different folks who are experts on wrote that book called ‘‘Critical’’ Mr. GINGREY of Georgia. ‘‘Smoke a how we can best solve this problem, on where he kind of outlines what he long cigar.’’ That’s right. A ‘‘covered how we can deal with this, whether

VerDate Nov 24 2008 03:21 May 20, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.099 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5788 CONGRESSIONAL RECORD — HOUSE May 19, 2009 they’re the hospital associations, going to do is it’s going to delay your tive as well as a market-based perspec- whether they’re the insurance compa- being able to get those tests and those tive. nies, whether they’re the pharma- procedures even if the Federal bureau- So we need to give our plans the light ceutical companies or whether they’re crat says that you may have them. of day. And the American people are the doctors who’ve practiced for many, We can’t go down that road. It’s going to have to demand that, Dr. ROE. many years. I think we can come up going to destroy the quality of health It’s the only way it’s going to happen. with the answer, and I think we can do care. It’s going to destroy the health And I encourage people to contact it a whole lot better. provisions that you’re getting today as their Members of Congress and demand The final expression that I’ll throw an American. I don’t want that, and that we slow this steamroll of social- out there, Mr. Speaker, to you and my I’m sure you don’t want that. I’m sure ism, as I’m calling it, this rolling colleagues is the one that everybody Dr. ROE doesn’t want that. I’m sure no over—the financial services industry is has heard: ‘‘Don’t throw the baby out physician, at least on our side of the rolling over the car manufacturing; it’s with the bathwater.’’ We are on the aisle, wants that kind of a health care rolling over now the health delivery verge of doing that. That would be a system to deliver your health to you system. And we, as Americans, need to horrible thing for this country to take by some Washington bureaucrat. We’ve demand that all alternatives are heard, a great health care delivery system got to stop that, and it’s up to the that we have the time to put some- that needs some tweaking and that we American people to do so. thing in place that makes sense to give can do in a bipartisan way without We’re offering alternatives, many al- patients the choice that they need. turning it over—lock, stock and bar- ternatives. I know one of our col- So I congratulate you for doing this. rel—to the Federal Government. They leagues I talked to today is introducing It’s absolutely critical for the future of do a lousy job at running a lot of pro- a bill tomorrow that is going to be a health care. If we continue down this grams, and I certainly don’t want them health care reform bill. Our health care road that the Democrats have taken, deciding what needs to be ordered and working group is developing a plan. I’m it’s going to destroy the quality of to come between the doctor and the pa- developing one in my office also that’s health that we deliver as physicians to tient in the exam room. independent of everything else, but we our patients, that you did as a practi- With that, I’m going to yield back to need to develop a solution that is pa- tioner for so many years and I have, Dr. ROE of Tennessee. tient-centered, not Washington-cen- also, for so many years. So I thank you Mr. ROE of Tennessee. Thank you, tered. We need to develop a plan that so much. Dr. GINGREY. Thank you for those com- gives the American people the choice— Mr. ROE of Tennessee. Dr. BROUN, ments. the choice of their doctor, the choice of thank you for your comments. I think one of the things that has their hospital, the choice of whether concerned me the more I have watched they get a procedure or not. It should And just to summarize and sum up. I this system and have watched this de- not be made by some Washington bu- think our time is just about gone. bate go on is, since I’ve been here, I’ve reaucracy or bureaucrat or Federal bu- This is just the beginning of this de- had one of the health care think tanks reaucrat anywhere, whether it is in At- bate. It is a very important debate for in my office about every week or so to lanta—in my own State—or in Knox- the American people. We just got discuss this issue, and it is incredibly ville or anyplace else. through a few of the principles tonight. complicated. That’s why we cannot do We will continue those at another b 1800 it rapidly, because it is so complicated. time. I’ll now recognize my colleague from We’ve got to develop a health care But I thank Dr. BROUN for being here, Georgia, Dr. PAUL BROUN. system that is patient-centered to give and I thank the Speaker. Dr. BROUN. patients the choices that they deserve I yield back the balance of my time. Mr. BROUN of Georgia. I thank you, and they desperately need. We, as Re- Dr. ROE, for yielding me some time. publicans, are going to give you that f I want to make sure that the Amer- opportunity. The opportunity is not ican people know what we’re talking going to be available from the other FURTHER MESSAGE FROM THE about. We on the Republican side are side of the aisle. They’re developing a SENATE offering alternatives for the health socialized medicine program, a Wash- care financing problems we have in ington-based health care system to A further message from the Senate America, and they are huge. People give your health to you by some Wash- by Ms. Curtis, one of its clerks, an- cannot afford to buy insurance. There ington bureaucrat, not by a doctor. nounced that the Senate concurs in the are a number of people who are strug- And the American people need to House amendment to the bill (S. 896) gling just to have halfway decent know that very clearly, Dr. ROE, be- ‘‘An Act to prevent mortgage fore- health care insurance coverage, and cause they have a choice. Is it a choice closures and enhance mortgage credit that is a huge problem that we need to between a Washington-based health availability.’’. fix, and we need to do it as quickly as care system, or is it a choice of a pa- we can. tient-centered health care system f I agree with Dr. GINGREY, my col- where those decisions are made in the league from Georgia, that we can fix doctor-patient relationship? And that RECESS that system. We need to, and we need is what we’re offering. to do it as quickly as we possibly can. And I’m just encouraging the Amer- The SPEAKER pro tempore (Mr. Yet what’s being proposed from the ican citizens all over this country to HEINRICH). Pursuant to clause 12(a) of other side of the aisle, from the Demo- write their Congressmen, write their rule I, the Chair declares the House in crat side, is to set up a Washington- Senators and demand a patient-cen- recess subject to the call of the Chair. based health care system where health tered health care system. Demand that Accordingly (at 6 o’clock and 5 min- care decisions are going to be made by our alternatives are heard. utes p.m.), the House stood in recess some bureaucrat here in Washington, NANCY PELOSI has blocked—she has subject to the call of the Chair. D.C. That bureaucrat will tell your been an obstructionist for every single doctor how he can deliver your care— alternative that we’ve offered whether f what care he can give you and when he it’s for energy, whether it’s for envi- can give it to you. ronmental issues, whether it’s spend- b 1828 What that’s going to do is take away ing, whether it’s straightening out this your choice. You may not have a economic situation, as well as the AFTER RECESS choice of your doctor. You may not health care solution. She has been an have a choice of what hospital you go obstructionist. She’s blocked every at- The recess having expired, the House to. You may not have a choice of tempt we’ve made to deliver to the was called to order by the Speaker pro whether you can even get some kind of American people alternatives that tempore (Mr. HEINRICH) at 6 o’clock procedure or a test or not. What it’s make sense from an economic perspec- and 28 minutes p.m.

VerDate Nov 24 2008 03:21 May 20, 2009 Jkt 079060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.101 H19MYPT1 rfrederick on PROD1PC67 with HOUSE May 19, 2009 CONGRESSIONAL RECORD — HOUSE H5789 REPORT ON RESOLUTION PRO- EXECUTIVE COMMUNICATIONS, Customs Enforcement, transmitting a report VIDING FOR CONSIDERATION OF ETC. pursuant to the Federal Vacancies Reform SENATE AMENDMENT TO H.R. Act of 1998; to the Committee on Oversight Under clause 2 of rule XXIV, execu- and Government Reform. 627, CREDIT CARDHOLDERS’ BILL tive communications were taken from OF RIGHTS ACT OF 2009 the Speaker’s table and referred as fol- 1895. A letter from the Acting Special Counsel, U.S. Office of Special Counsel, Ms. PINGREE of Maine, from the Com- lows: transmitting the Office’s fiscal year 2008 an- mittee on Rules, submitted a privi- 1884. A letter from the Regulatory Spe- nual report required by Section 203, Title II leged report (Rept. No. 111–120) on the cialist, LRAD, Department of the Treasury, of the No FEAR Act, Pub. L. 107-174; to the resolution (H. Res. 456) providing for transmitting the Department’s final rule — Committee on Oversight and Government consideration of the Senate amend- Fair Credit Reporting Affiliate Marketing Reform. Regulations; Identity Theft Red Flags and ment to the bill (H.R. 627) to amend the Address Discrepancies Under the Fair and 1896. A letter from the Deputy Assistant Truth in Lending Act to establish fair Accurate Credit Transactions Act of 2003 Administrator For Regulatory Programs, and transparent practices relating to [Docket ID: OCC-2009-0001] (RIN: 1557-AD14) NMFS, National Oceanic and Atmospheric the extension of credit under an open received May 15, 2009, pursuant to 5 U.S.C. Administration, transmitting the Adminis- end consumer credit plan, and for other 801(a)(1)(A); to the Committee on Financial tration’s final rule — Fisheries of the North- purposes, which was referred to the Services. eastern United States; Northeast Multispe- 1885. A letter from the Secretary, Depart- cies Fishery; Secretarial Final Interim Ac- House Calendar and ordered to be ment of Transportation, transmitting the tion [Docket No.: 090224229-9245-01] (RIN: printed. Department’s fiscal year 2008 Annual Report 0648-AX72) received May 4, 2009, pursuant to f as required by the Superfund Amendments 5 U.S.C. 801(a)(1)(A); to the Committee on REPORT ON RESOLUTION PRO- and Reauthorization Act of 1986 (SARA); to Natural Resources. VIDING FOR CONSIDERATION OF the Committee on Energy and Commerce. 1897. A letter from the Attorney — Advisor, 1886. A letter from the Assistant Legal Ad- Department of Homeland Security, transmit- H.R. 2352, JOB CREATION viser for Treaty Affairs, Department of ting the Department’s final rule — Safety THROUGH ENTREPRENEURSHIP State, transmitting Copies of international Zone; Red Bull Air Races; San Diego Bay, ACT of 2009 agreements, other than treaties, entered into San Diego, CA [Docket No.: USCG-2009-0119] by the United States, pursuant to 1 U.S.C. Ms. PINGREE of Maine, from the Com- (RIN: 1625-AA00) received May 13, 2009, pursu- 112b; to the Committee on Foreign Affairs. mittee on Rules, submitted a privi- 1887. A letter from the Acting Assoc. Gen. ant to 5 U.S.C. 801(a)(1)(A); to the Committee leged report (Rept. No. 111–121) on the Counsel for General Law, Department of on Transportation and Infrastructure. resolution (H. Res. 457) providing for Homeland Security, Federal Emergency 1898. A letter from the Attorney-Advisor, consideration of the bill (H.R. 2352) to Management Agency, transmitting a report Department of Homeland Security, transmit- amend the Small Business Act, and for pursuant to the Federal Vacancies Reform ting the Department’s final rule — Safety other purposes, which was referred to Act of 1998; to the Committee on Oversight Zone; St. Thomas Harbor, Charlotte Amalie, the House Calendar and ordered to be and Government Reform. U.S.V.I. [Docket No.: USCG-2009-0179] (RIN: 1888. A letter from the Deputy General printed. 1625-AA00) received May 13, 2009, pursuant to Counsel, Office of National Drug Control Pol- 5 U.S.C. 801(a)(1)(A); to the Committee on f icy, Executive Office of the President, trans- Transportation and Infrastructure. mitting a report pursuant to the Federal Va- SPECIAL ORDERS GRANTED 1899. A letter from the Attorney — Advisor, cancies Reform Act of 1998; to the Com- By unanimous consent, permission to Department of Homeland Security, transmit- mittee on Oversight and Government Re- ting the Department’s final rule — Safety address the House, following the legis- form. lative program and any special orders 1889. A letter from the Director, Office of Zone; Allegheny River, Pittsburgh, PA heretofore entered, was granted to: Personnel Management, transmitting the Of- [Docket No.: USCG-2009-0149] (RIN: 1625- (The following Members (at the re- fice’s final rule — Prevailing Rate Systems; AA00) received May 13, 2009, pursuant to 5 Redefinition of Certain Appropriated Fund U.S.C. 801(a)(1)(A); to the Committee on quest of Mr. CONNOLLY of Virginia) to Transportation and Infrastructure. revise and extend their remarks and in- Federal Wage System Wage Areas (RIN: 3206- clude extraneous material:) AL77) received May 13, 2009, pursuant to 5 1900. A letter from the Attorney — Advisor, U.S.C. 801(a)(1)(A); to the Committee on Department of Homeland Security, transmit- Ms. WOOLSEY, for 5 minutes, today. Oversight and Government Reform. ting the Department’s final rule — Safety Ms. WATSON, for 5 minutes, today. 1890. A letter from the Deputy Director, Of- Zone; Allegheny River, Pittsburgh, PA Ms. KAPTUR, for 5 minutes, today. fice of Regulations, Social Security Adminis- [Docket No.: USCG-2009-0175] (RIN: 1625- (The following Members (at the re- tration, transmitting the Administration’s AA00) received May 13, 2009, pursuant to 5 quest of Ms. FOXX) to revise and extend final rule — Testimony by Employees and U.S.C. 801(a)(1)(A); to the Committee on their remarks and include extraneous the Production of Records and Information Transportation and Infrastructure. material:) in Legal Proceedings, Claims Against the 1901. A letter from the Attorney — Advisor, Mr. FORTENBERRY, for 5 minutes, Goverment Under the Federal Tort Claims Department of Homeland Security, transmit- today. Act, and Claims Under the Military Per- ting the Department’s final rule — Safety Ms. FOXX, for 5 minutes, today. sonnel and Civilian Employees’ Claim Act of Zone; Barge BDL235, Pago Pago Harbor, (The following Member (at his re- 1964; Change of Address for Requests [Docket American Samoa [Docket No.: USCG-2009- quest) to revise and extend his remarks No.: SSA-2009-0015] (RIN: 0960-AG99) received 0159] (RIN: 1625-AA00) received May 13, 2009, and include extraneous material:) May 4, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- to the Committee on Oversight and Govern- Mr. MANZULLO, for 5 minutes, today. mittee on Transportation and Infrastruc- ment Reform. f 1891. A letter from the Acting Assoc. Gen. ture. SENATE ENROLLED BILL SIGNED Counsel for General Law, U.S. Department of 1902. A letter from the Attorney — Advisor, Homeland Security, transmitting a report Department of Homeland Security, transmit- The SPEAKER announced her signa- pursuant to the Federal Vacancies Reform ting the Department’s final rule — Crew- ture to an enrolled bill of the Senate of Act of 1998; to the Committee on Oversight member Identification Documents [Docket the following title: and Government Reform. No.: USCG-2007-28648] (RIN: 1625-AB19) re- S. 386. An act to improve enforcement of 1892. A letter from the Acting Assoc. Gen. ceived May 13, 2009, pursuant to 5 U.S.C. mortgage fraud, securities and commodities Counsel for General Law, U.S. Department of 801(a)(1)(A); to the Committee on Transpor- fraud, financial institution fraud, and other Homeland Security, Federal Emergency tation and Infrastructure. frauds related to Federal assistance and re- Management Agency, transmitting a report 1903. A letter from the Attorney, Advisor, lief programs, for the recovery of funds lost pursuant to the Federal Vacancies Reform Department of Homeland Security, transmit- to these frauds, and for other purposes. Act of 1998; to the Committee on Oversight ting the Department’s final rule — Safety f and Government Reform. Zone; Mill Creek, Fort Monroe, VA, 1893. A letter from the Acting Assoc. Gen. USNORTHCOM Civic Leader Tour and Avia- ADJOURNMENT Counsel for General Law, U.S. Department of tion Demonstration [Docket No.: USCG-2009- Homeland Security, Office of the General Ms. PINGREE of Maine. Mr. Speaker, 0263] (RIN: 1625-AA00) received May 13, 2009, Counsel, transmitting a report pursuant to I move that the House do now adjourn. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Federal Vacancies Reform Act of 1998; to The motion was agreed to; accord- mittee on Transportation and Infrastruc- the Committee on Oversight and Govern- ingly (at 6 o’clock and 30 minutes ture. ment Reform. p.m.), the House adjourned until to- 1894. A letter from the Acting Assoc. Gen. 1904. A letter from the Attorney — Advisor, morrow, Wednesday, May 20, 2009, at 10 Counsel for General Law, U.S. Department of Department of Homeland Security, transmit- a.m. Homeland Security, U.S. Immigration and ting the Department’s final rule — Safety

VerDate Nov 24 2008 04:13 May 20, 2009 Jkt 079060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K19MY7.104 H19MYPT1 rfrederick on PROD1PC67 with HOUSE H5790 CONGRESSIONAL RECORD — HOUSE May 19, 2009 Zone; Blue Water Resort and Casino APBA sumer credit plan, and for other purposes H.R. 2476. A bill to amend the National National Tour Rounds 1 & 2; Colorado River, (Rept. 111–120). Referred to the House Cal- Forest Ski Area Permit Act of 1986 to clarify Parker AZ [Docket No.: USCG-2008-1220] endar. the authority of the Secretary of Agriculture (RIN: 1625-AA00) received May 13, 2009, pursu- Mr. POLIS: Committee on Rules. House regarding additional recreational uses of Na- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Resolution 457. Resolution providing for con- tional Forest System land that are subject on Transportation and Infrastructure. sideration of the bill (H.R. 2352) to amend the to ski area permits, and for other purposes; 1905. A letter from the Attorney — Advisor, Small Business Act, and for other purposes to the Committee on Agriculture, and in ad- Department of Homeland Security, transmit- (Rept. 111–121). Referred to the House Cal- dition to the Committee on Natural Re- ting the Department’s final rule — Alternate endar. sources, for a period to be subsequently de- Compliance Program: Vessel Inspection Al- Ms. ZOE LOFGREN of California: Com- termined by the Speaker, in each case for ternatives [Docket No.: USCG-2004-19823] mittee on Standards of Official Conduct. Re- consideration of such provisions as fall with- (RIN: 1625-AA92) received May 13, 2009, pursu- port of the Committee on Standards of Offi- in the jurisdiction of the committee con- ant to 5 U.S.C. 801(a)(1)(A); to the Committee cial Conduct (Rept. 111–122). Referred to the cerned. on Transportation and Infrastructure. House Calendar. By Mr. DENT (for himself, Mr. DANIEL 1906. A letter from the Federal Register Li- Mr. THOMPSON of Mississippi: Committee E. LUNGREN of California, and Mr. aison Officer, Department of Veterans Af- on Homeland Security. H.R. 2200. A bill to SOUDER): fairs, transmitting the Department’s final authorize the Transportation Security Ad- H.R. 2477. A bill to provide for an extension rule — Reimbursement for Interment Costs ministration’s programs relating to the pro- of the authority of the Secretary of Home- (RIN: 2900-AM98) received May 13, 2009, pur- vision of transportation security, and for land Security to regulate the security of suant to 5 U.S.C. 801(a)(1)(A); to the Com- other purposes; with an amendment (Rept. chemical facilities; to the Committee on En- mittee on Veterans’ Affairs. 111–123). Referred to the Committee of the ergy and Commerce. 1907. A letter from the Chief, Border Secu- Whole House on the State of the Union. By Mr. MCGOVERN (for himself, Mr. ROYCE, and Mr. MILLER of North rity Regulations Branch, Department of DISCHARGE OF COMMITTEE Carolina): Homeland Security, transmitting the De- Pursuant to clause 2 of rule XII, the partment’s final rule — EXTENSION OF H.R. 2478. A bill to support stabilization PORT LIMITS OF ST. LOUIS, MISSOURI Committee on Science and Technology and lasting peace in northern Uganda and [[USCBP-2005-0035] [CBP Dec. 09-16]] received discharged from further consideration. areas affected by the Lord’s Resistance Army through development of a regional May 14, 2009, pursuant to 5 U.S.C. H.R. 915 referred to the Committee of strategy to support multilateral efforts to 801(a)(1)(A); to the Committee on Ways and the Whole House on the State of the successfully protect civilians and eliminate Means. Union, and ordered to be printed. the threat posed by the Lord’s Resistance 1908. A letter from the Assistant Attorney f Army and to authorize funds for humani- General, Department of Justice, transmit- tarian relief and reconstruction, reconcili- ting the Department’s report on applications PUBLIC BILLS AND RESOLUTIONS ation, and transitional justice, and for other made by the Government during calendar purposes; to the Committee on Foreign Af- year 2008 for authority to conduct electronic Under clause 2 of rule XII, public fairs. surveillance and physical search for foreign bills and resolutions of the following By Ms. BERKLEY: intelligence, pursuant to Sections 1807 and titles were introduced and severally re- H.R. 2479. A bill to amend title XVIII of the 1862 of the Foreign Intelligence Surveillance ferred, as follows: Social Security Act to modify the designa- Act of 1978, as amended and Public Law 109- By Mr. COFFMAN of Colorado (for tion of accreditation organizations for pros- 177, section 118; jointly to the Committees on himself, Mr. ALEXANDER, Mr. thetic devices and orthotics and prosthetics, the Judiciary and Intelligence (Permanent BILBRAY, Mr. BURTON of Indiana, Mr. to apply accreditation and licensure require- Select). POE of Texas, and Mr. LAMBORN): ments to such devices and items for purposes 1909. A letter from the Inspector General, H.R. 2472. A bill to prevent the fraudulent of payment under the Medicare Program, Railroad Retirement Board, transmitting use of social security account numbers by al- and to modify the payment rules for such de- the fiscal year 2010 Congressional Budget lowing the sharing of social security data vices and items under such program to ac- Justification for the Office of the Inspector among agencies of the United States for count for practitioner qualifications and General of the Railroad Retirement Board; identity theft prevention and immigration complexity of care; to the Committee on En- jointly to the Committees on Appropria- enforcement purposes, and for other pur- ergy and Commerce, and in addition to the tions, Transportation and Infrastructure, poses; to the Committee on the Judiciary. Committee on Ways and Means, for a period and Ways and Means. By Ms. TSONGAS: to be subsequently determined by the Speak- f H.R. 2473. A bill to improve Department of er, in each case for consideration of such pro- Defense policies relating to body armor; to visions as fall within the jurisdiction of the REPORTS OF COMMITTEES ON the Committee on Armed Services. committee concerned. PUBLIC BILLS AND RESOLUTIONS By Mr. MCKEON (for himself, Mr. By Mr. MORAN of Virginia (for him- Under clause 2 of rule XIII, reports of DREIER, Mr. HUNTER, Mr. MCCLIN- self, Mrs. BONO MACK, Mr. MOORE of committees were delivered to the Clerk TOCK, Mr. LEWIS of California, Mr. Kansas, Mr. BROWN of South Caro- GALLEGLY, Mr. HERGER, Mr. ROHR- for printing and reference to the proper lina, Ms. WOOLSEY, Mr. COHEN, Mr. ABACHER, Mr. CALVERT, Mr. ROYCE, GEORGE MILLER of California, Mr. calendar, as follows: Mr. RADANOVICH, Mr. DANIEL E. LUN- BLUMENAUER, Mr. FARR, Mr. Mr. FILNER: Committee on Veterans’ Af- GREN of California, Mrs. BONO MACK, MCCOTTER, Mr. HINCHEY, Mr. fairs. H.R. 466. A bill to amend title 38, Mr. GARY G. MILLER of California, KUCINICH, Mr. SHERMAN, Mr. KING of United States Code, to prohibit discrimina- Mr. BILBRAY, Mr. ISSA, Mr. NUNES, New York, and Mr. PLATTS): tion and acts of reprisal against persons who Mr. CAMPBELL, Mr. MCCARTHY of H.R. 2480. A bill to improve the accuracy of receive treatment for illnesses, injuries, and California, and Mr. THOMPSON of Cali- fur product labeling, and for other purposes; disabilities incurred in or aggravated by fornia): to the Committee on Energy and Commerce. service in the uniformed services; with H.R. 2474. A bill to amend title 38, United By Ms. ROS-LEHTINEN (for herself, amendments (Rept. 111–118). Referred to the States Code, to provide that in the case of an Mr. MCHUGH, Mr. HOEKSTRA, Mr. Committee of the Whole House on the State individual entitled to educational assistance LEWIS of California, Mr. KING of New of the Union. under the Post-9/11 Educational Assistance York, Mr. BOEHNER, Mr. CANTOR, and Mr. OBERSTAR: Committee on Transpor- program who is enrolled at an institution of Mr. PENCE): tation and Infrastructure. H.R. 915. A bill to higher education in a State in which the H.R. 2481. A bill to require the President to amend title 49, United States Code, to au- public institutions charge only fees in lieu of develop a comprehensive interagency strat- thorize appropriations for the Federal Avia- tuition, the Secretary of Veterans Affairs egy and implementation plan for long-term tion Administration for fiscal years 2009 shall allow the individual to use all or any security and stability in Pakistan, and for through 2012, to improve aviation safety and portion of the amounts payable for the es- other purposes; to the Committee on Foreign capacity, to provide stable funding for the tablished charges for the program of edu- Affairs, and in addition to the Committees national aviation system, and for other pur- cation to pay any amount of the individual’s on Intelligence (Permanent Select), and poses; with an amendment (Rept. 111–119 Pt. tuition or fees for that program of education; Armed Services, for a period to be subse- 1). Referred to the Committee of the Whole to the Committee on Veterans’ Affairs. quently determined by the Speaker, in each House on the State of the Union. By Ms. ROS-LEHTINEN: case for consideration of such provisions as Ms. PINGREE of Maine: Committee on H.R. 2475. A bill to authorize appropria- fall within the jurisdiction of the committee Rules. House Resolution 456. Resolution pro- tions for the Department of State for fiscal concerned. viding for the consideration of the Senate years 2010 and 2011, to modernize the Foreign By Ms. ROS-LEHTINEN (for herself, amendment to the bill (H.R. 627) to amend Service, and for other purposes; to the Com- Mr. MCHUGH, Mr. HOEKSTRA, Mr. the Truth in Lending Act to establish fair mittee on Foreign Affairs. LEWIS of California, Mr. KING of New and transparent practices relating to the ex- By Ms. DEGETTE (for herself and Mrs. York, Mr. BOEHNER, Mr. CANTOR, and tension of credit under an open end con- MCMORRIS RODGERS): Mr. PENCE):

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H.R. 2482. A bill to require the President to to support Federal, State, tribal, and local BORDALLO, Mr. BOUSTANY, Ms. develop a comprehensive interagency strat- government programs; to the Committee on CORRINE BROWN of Florida, Mr. egy and implementation plan for long-term Natural Resources. BROWN of South Carolina, Mr. BUR- security and stability in Afghanistan, and By Mr. KENNEDY (for himself, Mr. TON of Indiana, Mr. BUTTERFIELD, Mr. for other purpose; to the Committee on For- KAGEN, and Mr. PATRICK J. MURPHY CARDOZA, Mr. CASTLE, Ms. CLARKE, eign Affairs, and in addition to the Commit- of Pennsylvania): Mr. CONNOLLY of Virginia, Mr. CON- tees on Armed Services, and Intelligence H.R. 2490. A bill to amend the Internal Rev- YERS, Mr. COSTA, Mr. CUELLAR, Mr. (Permanent Select), for a period to be subse- enue Code of 1986 to allow certain small busi- DELAHUNT, Mr. DENT, Mr. LINCOLN quently determined by the Speaker, in each nesses to defer payment of tax; to the Com- DIAZ-BALART of Florida, Mr. MARIO case for consideration of such provisions as mittee on Ways and Means. DIAZ-BALART of Florida, Mr. DOYLE, fall within the jurisdiction of the committee By Mr. KING of New York: Mr. ENGEL, Mr. FALEOMAVAEGA, Mr. concerned. H.R. 2491. A bill to amend the Internal Rev- FARR, Mr. FATTAH, Mr. FLAKE, Ms. By Mr. SHERMAN (for himself, Mr. enue Code of 1986 to exclude from gross in- FUDGE, Mr. GERLACH, Mr. GRAYSON, GARY G. MILLER of California, Mr. come any enlistment, accession, reenlist- Mr. GENE GREEN of Texas, Mr. HARE, FRANK of Massachusetts, Mr. GRAY- ment, retention, or incentive bonus paid to a Mr. HASTINGS of Florida, Mr. HIG- SON, Mrs. HALVORSON, Ms. HARMAN, member of the Armed Forces; to the Com- GINS, Mr. HINCHEY, Mr. HOYER, Ms. Ms. SPEIER, Mrs. CAPPS, Mr. mittee on Ways and Means. JACKSON-LEE of Texas, Mr. JOHNSON CULBERSON, Mr. ROHRABACHER, Mr. By Mr. LEVIN (for himself, Mr. TIBERI, of Georgia, Ms. KAPTUR, Mr. KEN- CUMMINGS, Mr. SCHIFF, Mr. Mr. GEORGE MILLER of California, Mr. NEDY, Mr. KILDEE, Ms. KILPATRICK of MCNERNEY, Mr. ABERCROMBIE, Mr. NEAL of Massachusetts, Mr. Michigan, Mr. KLEIN of Florida, Mr. GEORGE MILLER of California, Mr. HINOJOSA, and Mr. DAVIS of Illinois): KRATOVIL, Ms. LEE of California, Mr. CARDOZA, Mrs. TAUSCHER, Mr. FIL- H.R. 2492. A bill to amend the Internal Rev- LEWIS of Georgia, Mr. DANIEL E. LUN- NER, Mr. BILBRAY, Mr. HONDA, Mr. enue Code of 1986 to exclude from gross in- GREN of California, Mr. MACK, Mr. BERMAN, Mrs. BONO MACK, Mrs. come discharges of student loans the repay- MAFFEI, Ms. MARKEY of Colorado, Mr. MALONEY, Mr. CAMPBELL, Mr. ACKER- ment of which is income contingent or in- MASSA, Mr. MCGOVERN, Mr. MCCAUL, MAN, Mr. GALLEGLY, Mr. DREIER, Mr. come based; to the Committee on Ways and Mr. MICA, Mr. MOLLOHAN, Mr. MORAN FARR, Mr. BISHOP of New York, Ms. Means. of Virginia, Ms. NORTON, Mr. OLVER, WATERS, Ms. ESHOO, and Mr. HALL of By Mr. MASSA (for himself, Mr. Mr. ORTIZ, Mr. PENCE, Mr. POE of New York): TONKO, Mr. MCMAHON, Mr. WEXLER, Texas, Mr. POLIS of Colorado, Mr. H.R. 2483. A bill to permanently increase Mr. BISHOP of New York, Mrs. PUTNAM, Mr. RAHALL, Mr. REYES, Mr. the conforming loan limits for the Federal MALONEY, and Mr. MAFFEI): RODRIGUEZ, Ms. ROS-LEHTINEN, Mr. Home Loan Mortgage Corporation and the H.R. 2493. A bill to prevent wealthy and SABLAN, Mr. SALAZAR, Ms. LORETTA Federal National Mortgage Association and middle-income foreign states that do busi- SANCHEZ of California, Mr. SHULER, the FHA maximum mortgage amount limita- ness, issue securities, or borrow money in Mr. SMITH of Washington, Mr. STARK, tions; to the Committee on Financial Serv- the United States, and then fail to satisfy Mr. TAYLOR, Mr. THOMPSON of Mis- ices. United States court judgments totaling sissippi, Mr. TONKO, Mr. WALZ, Ms. By Mr. CAO (for himself, Mr. $100,000,000 or more based on such activities, WASSERMAN SCHULTZ, Ms. WATSON, MELANCON, Mr. SCALISE, Mr. CASSIDY, from inflicting further economic injuries in Mr. WATT, Mr. WAXMAN, Mr. WEST- Mr. FLEMING, Mr. BOUSTANY, and Mr. the United States, from undermining the in- MORELAND, Mr. WEXLER, Mr. WILSON ALEXANDER): tegrity of United States courts, and from of South Carolina, Mr. WU, Mr. H.R. 2484. A bill to provide for disaster as- discouraging responsible lending to poor and YARMUTH, and Mr. YOUNG of Alaska): sistance for power transmission and distribu- developing nations by undermining the sec- H.R. 2499. A bill to provide for a federally tion facilities, and for other purposes; to the ondary and primary markets for sovereign sanctioned self-determination process for the Committee on Transportation and Infra- debt; to the Committee on Financial Serv- people of Puerto Rico; to the Committee on structure. ices, and in addition to the Committee on Natural Resources. By Mr. PITTS (for himself, Mr. By Mr. ELLISON (for himself, Mr. Foreign Affairs, for a period to be subse- MICHAUD, and Mr. WITTMAN): BISHOP of Georgia, Mr. CARSON of In- quently determined by the Speaker, in each H.R. 2500. A bill to amend the Internal Rev- case for consideration of such provisions as diana, Mr. PETERSON, Mr. WALZ, Mr. enue Code of 1986 to allow nontaxable em- fall within the jurisdiction of the committee WELCH, Mr. TONKO, and Ms. CLARKE): ployer matching contributions to section 529 H.R. 2485. A bill to amend title I of the Om- concerned. college savings plans; to the Committee on nibus Crime Control and Safe Streets Act of By Mr. MCHUGH: Ways and Means. H.R. 2494. A bill to designate 4 counties in 1968 to include nongovernmental and volun- By Mr. POMEROY (for himself and Mr. teer firefighters, ground and air ambulance the State of New York as high-intensity drug PAULSEN): crew members, and first responders for cer- trafficking areas, and to authorize funding H.R. 2501. A bill to amend title XVIII of the tain benefits; to the Committee on the Judi- for drug control activities in those areas; to Social Security Act to extend reasonable ciary. the Committee on the Judiciary. cost contracts under Medicare; to the Com- By Mr. GOHMERT: By Mr. MOORE of Kansas (for himself, mittee on Ways and Means, and in addition H.R. 2486. A bill to amend title 10, United Mr. DUNCAN, Mr. BOYD, and Mr. to the Committee on Energy and Commerce, States Code, to provide for support of funeral HILL): for a period to be subsequently determined ceremonies for veterans provided by details H.R. 2495. A bill to amend title 40, United by the Speaker, in each case for consider- that consist solely of members of veterans States Code, to enhance authorities with re- ation of such provisions as fall within the ju- organizations and other organizations, and gard to real property that has yet to be re- risdiction of the committee concerned. for other purposes; to the Committee on ported excess, and for other purposes; to the By Mr. SCHRADER (for himself, Mr. Armed Services. Committee on Oversight and Government MCMAHON, Mr. CONNOLLY of Virginia, By Mr. GOHMERT: Reform. Mr. KIND, Mrs. HALVORSON, Mr. H.R. 2487. A bill to direct the Secretary of By Mr. PATRICK J. MURPHY of Penn- CROWLEY, Ms. SCHWARTZ, Mr. HIMES, Defense to conduct a study on the feasibility sylvania (for himself and Mr. TIM Mr. ALTMIRE, Ms. BEAN, Mrs. of using military identification numbers in- MURPHY of Pennsylvania): TAUSCHER, and Mrs. DAVIS of Cali- stead of social security numbers to identify H.R. 2496. A bill to amend title XXI of the fornia): members of the Armed Forces; to the Com- Social Security Act to improve access to the H.R. 2502. A bill to amend title XI of the mittee on Armed Services. children’s health insurance program (CHIP) Social Security Act to provide for the con- By Mr. HEINRICH: by providing exemptions to CHIP eligibility duct of comparative effectiveness research H.R. 2488. A bill to require the Secretary of waiting period requirements; to the Com- and to amend the Internal Revenue Code of Defense to modify the Certificate of Release mittee on Energy and Commerce. 1986 to establish a Comparative Effectiveness or Discharge from Active Duty (DD Form By Mr. NADLER of New York: Research Trust Fund, and for other purposes; 214) in order to permit a member of the H.R. 2497. A bill to amend title 49, United to the Committee on Ways and Means, and in Armed Forces, upon discharge or release States Code, to expand and improve transit addition to the Committee on Energy and from active duty in the Armed Forces, to in- training programs; to the Committee on Commerce, for a period to be subsequently clude an email address on the form; to the Transportation and Infrastructure. determined by the Speaker, in each case for Committee on Armed Services. By Mr. OBERSTAR: consideration of such provisions as fall with- By Ms. HERSETH SANDLIN (for her- H.R. 2498. A bill to designate the Federal in the jurisdiction of the committee con- self and Mr. LATOURETTE): building located at 844 North Rush Street in cerned. H.R. 2489. A bill to authorize a comprehen- Chicago, Illinois, as the ‘‘William O. Lipinski By Mr. SOUDER (for himself, Mr. sive national cooperative geospatial imagery Federal Building’’; to the Committee on MCCAUL, Mr. ROGERS of Alabama, mapping program through the United States Transportation and Infrastructure. Mrs. MILLER of Michigan, Mr. BILI- Geological Survey, to promote use of the By Mr. PIERLUISI (for himself, Mr. RAKIS, Mr. DENT, Mr. AUSTRIA, Mr. program for education, workforce training ABERCROMBIE, Mr. ARCURI, Mr. BAIRD, KING of New York, and Mr. DANIEL E. and development, and applied research, and Ms. BERKLEY, Mr. BERMAN, Ms. LUNGREN of California):

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H.R. 2503. A bill to amend title 49, United 53. Also, a memorial of the General Count H.R. 621: Mr. SCHAUER, Ms. Titus, Ms. GIF- States Code, to require inclusion on the no of Massachusetts, relative to a resolution FORDS, and Mrs. LUMMIS. fly list certain detainees housed at the Naval MEMORIALIZING CONGRESS TO COMMIT H.R. 702: Mr. COURTNEY. Air Station, Guantanamo Bay, Cuba; to the TO THE GOAL OF RE-EMPOWERING H.R. 745: Mr. HARPER, Mr. RAHALL, and Mr. Committee on Homeland Security. AMERICA WITH 100 PER CENT CLEAN CASSIDY. By Mr. TEAGUE: ELECTRICITY IN THE NEXT 10 YEARS; to H.R. 808: Mr. TONKO. H.R. 2504. A bill to amend title 38, United the Committee on Energy and Commerce. H.R. 816: Mr. DELAHUNT, Mr. CHAFFETZ, Mr. States Code, to provide for an increase in the 54. Also, a memorial of the 61st Legislative CALVERT, and Mr. FRANKS of Arizona. annual amount authorized to be appro- Assembly of North Dakota, relative to H.R. 916: Mr. PRICE of Georgia. priated to the Secretary of Veterans Affairs HOUSE CONCURRENT RESOLUTION NO. H.R. 930: Ms. DELAURO, Mr. PUTNAM and to carry out comprehensive service programs 3042 expressing support for the public aware- Mr. SCHIFF. for homeless veterans; to the Committee on ness of multiple sclerosis and urging the H.R. 950: Mr. MCGOVERN. Veterans’ Affairs. Congress of the United States to join in the H.R. 952: Mr. HEINRICH, Mr. LANGEVIN, Ms. By Mr. TEAGUE: movement in creating a world free of mul- VELA´ ZQUEZ, Ms. EDWARDS of Maryland, Mr. H.R. 2505. A bill to direct the Secretary of tiple sclerosis; to the Committee on Energy HASTINGS of Florida, Ms. SLAUGHTER, Mr. Veterans Affairs to carry out a pilot pro- and Commerce. ARCURI, Mr. CARNEY, Mr. SHULER, and Mr. gram to utilize tele-health platforms to as- 55. Also, a memorial of the House of Rep- RUPPERSBERGER. sist in the treatment of veterans living in resentatives of Maine, relative to H.P. 925, H.R. 997: Mr. BARRETT of South Carolina. rural areas who suffer from post traumatic JOINT RESOLUTION MEMORIALIZING H.R. 1021: Mr. LINCOLN DIAZ-BALART of stress disorder or traumatic brain injury; to THE PRESIDENT OF THE UNITED STATES Florida. the Committee on Veterans’ Affairs. AND THE UNITED STATES CONGRESS TO H.R. 1032: Mr. LANCE, Mrs. KIRKPATRICK of By Mr. TEAGUE: SUPPORT THE REFORM OF THE SOCIAL Arizona, and Mr. BARTLETT. H.R. 2506. A bill to direct the Secretary of SECURITY OFFSETS; to the Committee on H.R. 1053: Mr. GOODLATTE. Defense to ensure the members of the Armed Ways and Means. H.R. 1135: Mr. THOMPSON of Pennsylvania. Forces receive mandatory hearing screenings 56. Also, a memorial of the House of Rep- H.R. 1158: Mr. WILSON of South Carolina, before and after deployments and to direct resentatives of Oregon, relative to House Mr. RADANOVICH, and Mr. GOODLATTE. the Secretary of Veterans Affairs to mandate Joint Memorial 2 Urging the President of the H.R. 1179: Mr. FARR, Mr. BOYD, Mr. BISHOP that tinnitus be listed as a mandatory condi- United States and the Congress to take ac- of New York, and Mr. GONZALEZ. tion for treatment by the Department of tion that: (a) Increases funding levels for the H.R. 1255: Mr. SMITH of New Jersey and Mr. Veterans Affairs Auditory Centers of Excel- Local Veterans’ Employment Representa- OLSON. lence and that research on the preventing, tives Program and the Disabled Veterans’ H.R. 1330: Mr. CARSON of Indiana and Mr. treating, and curing of tinnitus be con- Outreach Program; (b) Establishes a nation- GENE GREEN of Texas. ducted; to the Committee on Veterans’ Af- wide public works program in collaboration H.R. 1346: Mr. NYE. fairs, and in addition to the Committee on with state employment and military au- H.R. 1428: Ms. CORRINE BROWN of Florida, Armed Services, for a period to be subse- thorities that will provide jobs for veterans; and Mr. KAGEN. quently determined by the Speaker, in each and (c) Provides tax credits for employers H.R. 1441: Mr. BUTTERFIELD. case for consideration of such provisions as that hire veterans and businesses that re- H.R. 1458: Mr. HOEKSTRA. fall within the jurisdiction of the committee train veterans; jointly to the Committees on H.R. 1474: Mr. BISHOP of New York, Mr. concerned. Veterans’ Affairs and Ways and Means. PIERLUISI, and Mr. AL GREEN of Texas. By Mr. YOUNG of Alaska (for himself 57. Also, a memorial of the House of Rep- H.R. 1479: Mr. DELAHUNT, Ms. SCHAKOWSKY, and Mr. ABERCROMBIE): resentatives of Maine, relative to H.P. 1004, and Mr. PASTOR of Arizona. H.R. 2507. A bill to direct the Secretary of JOINT RESOLUTION MEMORIALIZING H.R. 1505: Ms. FALLIN. Commerce to establish a demonstration pro- THE PRESIDENT OF THE UNITED STATES H.R. 1528: Ms. MCCOLLUM, Mr. FARR, Mr. gram to adapt the lessons of providing for- AND CONGRESS OF THE UNITED STATES OBERSTAR, and Mr. HINCHEY. H.R. 1530: Ms. MCCOLLUM, Mr. FARR, Mr. eign aid to underdeveloped economies to the TO SIGN LEGISLATION THAT ESTAB- OBERSTAR, and Mr. HINCHEY. provision of Federal economic development LISHES A NATIONAL, UNIVERSAL, SIN- H.R. 1531: Ms. MCCOLLUM, Mr. FARR, Mr. assistance to certain similarly situated indi- GLE-PAYOR NONPROFIT HEALTH CARE OBERSTAR, and Mr. HINCHEY. viduals, and for other purposes; to the Com- PLAN; jointly to the Committees on Energy H.R. 1545: Mr. SHADEGG. mittee on Natural Resources. and Commerce, Ways and Means, and Nat- H.R. 1552: Mr. RODRIGUEZ, Ms. ZOE LOFGREN By Mr. FORTENBERRY (for himself ural Resources. and Mr. KAGEN): of California, Mr. HALL of New York, and Mr. H. Res. 458. A resolution expressing the f CHILDERS. H.R. 1587: Mr. DAVIS of Kentucky. sense of the House of Representatives that PRIVATE BILLS AND the Federal Government should encourage H.R. 1616: Mr. MURPHY of Connecticut, Mr. organic farming, gardening, local food pro- RESOLUTIONS SMITH of Washington, Mr. HASTINGS of Flor- duction, and farmers’ markets; to the Com- Under clause 3 of rule XII, ida, Mr. FATTAH, and Mr. JOHNSON of Geor- gia. mittee on Agriculture. Mr. FILNER introduced a bill (H.R. 2508) to H.R. 1618: Mr. LEWIS of Georgia and Mr. By Mr. ROSKAM (for himself and Mr. extend patent numbered 5,180,715 for a period SHERMAN. DAVIS of Illinois): of 2 years; which was referred to the Com- H. Res. 459. A resolution expressing support H.R. 1660: Ms. MARKEY of Colorado. mittee on the Judiciary. for designation of ‘‘National Safety Month’’; H.R. 1684: Mr. WITTMAN, Mr. KING of Iowa, to the Committee on Education and Labor. f Mr. NUNES, Mr. MILLER of Florida, and Mrs. KIRKPATRICK of Arizona. f ADDITIONAL SPONSORS H.R. 1692: Mr. WITTMAN and Mr. WAMP. MEMORIALS Under clause 7 of rule XII, sponsors H.R. 1700: Mr. SIRES. Under clause 4 of Rule XXII, memo- were added to public bills and resolu- H.R. 1708: Mrs. LOWEY and Mr. COHEN. H.R. 1712: Mr. MANZULLO. rials were presented and referred as fol- tions as follows: H.R. 1744: Mr. FLEMING and Mr. BOUSTANY. lows: H.R. 22: Mr. COBLE, Mr. PIERLUISI, Mr. H.R. 1751: Mr. TOWNS. 51. The SPEAKER presented a memorial of LATOURETTE, and Mr. TANNER. H.R. 1763: Mr. PAUL, Mrs. BACHMANN, and the House of Representatives of Oregon, rel- H.R. 49: Mr. BILIRAKIS. Mr. SOUDER. ative to House Joint Memorial 4: Urging the H.R. 147: Mr. YOUNG of Alaska and Mr. H.R. 1826: Mr. ARCURI, Ms. SCHAKOWSKY, President of the United States and the Con- TOWNS. and Mr. MORAN of Virginia. gress to take action to pass legislation and H.R. 211: Mr. GRAYSON and Mr. HOLT. H.R. 1844: Mr. KENNEDY and Mrs. MALONEY. appropriate funds for an orderly 90- to 120- H.R. 235: Mr. BURGESS, Mr. CARSON of Indi- H.R. 1912: Mr. WITTMAN and Mr. WEXLER. day transition for National Guard members ana, and Mr. RUSH. H.R. 1934: Mr. CUMMINGS, Mr. WILSON of and National Guard Reservists to civilian H.R. 240: Mr. NEUGEBAUER. South Carolina, Mr. GERLACH, and Mr. life following active service; to the Com- H.R. 393: Mr. CULBERSON. LATOURETTE. mittee on Armed Services. H.R. 433: Mr. PUTNAM. H.R. 1944:. Mr. SAM JOHNSON of Texas. 52. Also, a memorial of the House of Rep- H.R. 444: Mr. MCINTYRE, Mr. TEAGUE, and H.R. 1964: Mr. HASTINGS of Florida and Mr. resentatives of Maine, relative to H.P. 938, Mr. HALL of New York. SERRANO. JOINT RESOLUTION MEMORIALIZING H.R. 482: Mr. PUTNAM. H.R. 1993: Ms. SCHAKOWSKY. THE PRESIDENT OF THE UNITED STATES H.R. 503: Ms. FUDGE and Mr. PASCRELL. H.R. 2000: Mr. SMITH of Washington. AND THE UNITED STATES CONGRESS H.R. 510: Mr. KRATOVIL and Mr. MARCHANT. H.R. 2006: Mr. ALTMIRE, Mr. BISHOP of New FOR INCREASED OVERSIGHT AND AC- H.R. 564: Ms. MATSUI. York and Mr. MCINTYRE. COUNTABILITY FOR RECIPIENTS OF H.R. 574: Mr. SCHIFF. H.R. 2014: Mr. TIAHRT, Mr. GRAVES, Mr. FEDERAL BAILOUT FUNDS; to the Com- H.R. 593: Mr. DELAHUNT. RUPPERSBERGER, Mrs. BACHMANN, Mr. SAR- mittee on Financial Services. H.R. 606: Mr. OLVER. BANES, Mr. LEWIS of Georgia, Ms. SPEIER,

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Mrs. MCCARTHY of New York, Mrs. MILLER of H.R. 2408: Ms. ROYBAL-ALLARD and Mr. H. Res. 364: Mr. LOBIONDO. Michigan, Mrs. SCHMIDT, Mr. ELLSWORTH, HOEKSTRA. H. Res. 394: Mr. BURGESS. Mr. PETRI, Mr. MILLER of Florida, Mr. WALZ, H.R. 2414: Ms. MARKEY of Colorado. H. Res. 397: Mr. MILLER of Florida, Mr. Mr. MCINTYRE, Mr. BERRY, Mr. JOHNSON of Il- H.R. 2422: Mr. BARTON of Texas, Mr. BACHUS, Mr. YOUNG of Alaska, Mr. BLUNT, linois, Mr. NEUGEBAUER, Mr. WITTMAN, Mr. CUELLAR, Mr. CULBERSON, Ms. JACKSON-LEE and Mr. GOHMERT. REHBERG, and Ms. WASSERMAN SCHULTZ. of Texas, Mr. PAUL, Mr. RODRIGUEZ, and Mr. H. Res. 404: Mr. YOUNG of Alaska. H.R. 2017: Mrs. MALONEY. HENSARLING. H. Res. 411: Mr. CALVERT. H.R. 2022: Mr. ROONEY. H.R. 2440: Mr. ROE of Tennessee. H. Res. 418: Mr. CALVERT, Mr. WILSON of H.R. 2031: Mr. PUTNAM. H.R. 2450: Mr. LOBIONDO. South Carolina, Mr. LATOURETTE, Mr. BART- H.R. 2055: Mr. FARR, Mr. MINNICK, Mr. H.R. 2452: Mr. KIND, Mr. CROWLEY, and Ms. LETT, Mr. SHUSTER, Mr. CULBERSON, Mr. DEFAZIO, Mr. SCHRADER, and Mr. WU. MARKEY of Colorado. KINGSTON, Ms. FOXX, Mr. TAYLOR, Mr. H.R. 2067: Mr. NADLER of New York and H.R. 2458: Mr. PAUL. PERLMUTTER, Mr. LINCOLN DIAZ-BALART of Mrs. MCCARTHY of New York. H.J. Res. 46: Mr. KAGEN and Mr. HOLT. Florida, Mr. SMITH of New Jersey, Mr. H.R. 2071: Mr. RANGEL. H.J. Res. 47: Mr. SIMPSON, Mr. MICHAUD, COBLE, Mr. MCCAUL, Mr. MANZULLO, Mr. H.R. 2076: Mr. QUIGLEY. Mrs. MILLER of Michigan, Mr. TIAHRT, Mr. BONNER, Mr. HALL of Texas, Mr. BARTON of H.R. 2083: Mr. WITTMAN. LATHAM, Mr. BOUSTANY, and Mr. YOUNG of Texas, Mr. HOEKSTRA, Mr. MORAN of Kansas, H.R. 2118: Mr. POSEY. Florida. Ms. GINNY BROWN-WAITE of Florida, Mr. H.R. 2119: Mr. POSEY and Mrs. BACHMANN. H. Con. Res. 21: Mr. BERMAN, Mr. MOORE of THORNBERRY, Mr. OLSON, Mr. TIBERI, Mr. H.R. 2134: Mr. RANGEL, Mr. PAYNE, and Mr. Kansas, Mr. COURTNEY, Mr. CAO, and Mr. AL- LOBIONDO, Mr. NUNES, Mr. YOUNG of Florida, MORAN of Virginia. EXANDER. Mr. HASTINGS of Washington, Mr. LUCAS, Mr. H.R. 2143: Mr. BOOZMAN. H. Con. Res. 49: Mr. SKELTON, Mr. PRICE of COLE, Mr. PUTNAM, Mr. SIMPSON, Mr. H.R. 2169: Mrs. BACHMANN. North Carolina, Mr. CUMMINGS, Mr. LEWIS of CARTER, Mr. SENSENBRENNER, Mr. MCCOTTER, H.R. 2181: Ms. BERKLEY and Mr. MCGOVERN. California, and Mr. HERGER. Mr. ROGERS of Michigan, Mr. FORTENBERRY, H.R. 2219: Mr. WITTMAN. H. Con. Res. 109: Mr. BARROW, Mrs. Mr. FRELINGHUYSEN, Mr. YOUNG of Alaska, H.R. 2243: Mr. HINCHEY, Mr. OBERSTAR, Mr. CHRISTENSEN, Mr. NYE, Mr. BERMAN, Mr. and Mr. TIERNEY. BRADY of Pennsylvania, Mr. EDWARDS of MELANCON, Mr. BRALEY of Iowa, and Mr. H. Res. 420: Ms. BORDALLO, Mr. RODRIGUEZ, Texas, Mr. WELCH, Mr. BRADY of Texas, Mr. HEINRICH. Mr. BROWN of South Carolina, Mr. GUTHRIE, ALTMIRE, and Mr. COURTNEY. H. Con. Res. 120: Mr. SESTAK. Mr. THOMPSON of Pennsylvania, Mr. POSEY, H.R. 2254: Mr. DELAHUNT. H. Con. Res. 124: Mr. BOOZMAN. Mr. AUSTRIA, Mrs. BACHMANN, Mr. HELLER, H.R. 2294: Mr. BUYER, Mrs. LUMMIS, Mr. H. Res. 6: Mr. JORDAN of Ohio and Mr. Mr. DUNCAN, Ms. ROS-LEHTINEN, Mr. MILLER WHITFIELD, Mr. HUNTER, Mr. FORTENBERRY, JONES. of Florida, Mr. MCHENRY, and Mr. ROE of Mr. KIRK, Mr. SCHOCK, Mr. THOMPSON of H. Res. 22: Mr. YARMUTH. Tennessee. Pennsylvania, Ms. GINNY BROWN-WAITE of H. Res. 57: Ms. EDDIE BERNICE JOHNSON of H. Res. 426: Mr. POE of Texas. Florida, Mr. ROE of Tennessee, Mr. GUTHRIE, Texas, Ms. WATSON, Mr. SCOTT of Georgia, H. Res. 430: Mr. WILSON of South Carolina, Mr. LANCE, Mr. SMITH of Nebraska, Mrs. Mr. MILLER of North Carolina, Mr. CONNOLLY Mr. ROTHMAN of New Jersey, Ms. ROS- CAPITO, Mr. POSEY, Mr. HARPER, Mr. DAVIS of of Virginia, Mr. LOEBSACK, Mr. BECERRA, and LEHTINEN, Mr. MANZULLO, Mr. LINCOLN DIAZ- Kentucky, Mr. SMITH of New Jersey, Mr. Mr. SALAZAR. BALART of Florida, Mr. YOUNG of Florida, Mr. KING of Iowa, and Mr. BOOZMAN. H. Res. 156: Mr. DANIEL E. LUNGREN of Cali- LATOURETTE, Ms. GINNY BROWN-WAITE of H.R. 2296: Mrs. BACHMANN, Mr. WITTMAN, fornia. Florida, Mr. SIMPSON, Mr. CASTLE, Ms. FOXX, Mr. CONAWAY, Mr. PAULSEN, and Mr. SES- H. Res. 169: Mr. DUNCAN, Mr. MILLER of Mr. LOBIONDO, Mr. SCALISE, Mr. MICA, and SIONS. North Carolina, Mr. COHEN, Mr. ETHERIDGE, Mr. FRELINGHUYSEN. H.R. 2298: Mr. LEWIS of Georgia, Ms. SHEA- Mr. KIRK, Mr. MARCHANT, Mrs. MILLER of H. Res. 439: Mrs. MALONEY. PORTER, and Ms. GINNY BROWN-WAITE of Michigan, Mr. ROGERS of Kentucky, Mr. H. Res. 444: Ms. JACKSON-LEE of Texas, Ms. Florida. SKELTON, Mr. MCGOVERN, Mr. ABERCROMBIE, FUDGE, Ms. KAPTUR, Ms. SUTTON, and Mr. H.R. 2311: Mr. PAULSEN. Mr. MILLER of Florida, and Mr. CAMPBELL. HARE. H.R. 2312: Mr. PAULSEN. H. Res. 231: Mr. EHLERS, Mrs. MALONEY, H.R. 2321: Mr. WITTMAN. Mr. BRALEY of Iowa, Mr. BURGESS, Mr. HOLT, f H.R. 2325: Mr. BARTON of Texas and Mr. and Mrs. BLACKBURN. PAUL. H. Res. 232: Mr. SESSIONS. CONGRESSIONAL EARMARKS, LIM- H.R. 2328: Mr. LYNCH. H. Res. 241: Mr. GARRETT of New Jersey. ITED TAX BENEFITS, OR LIM- H.R. 2329: Mrs. LUMMIS, Mr. ENGEL, Mr. H. Res. 244: Mr. GOODLATTE. ITED TARIFF BENEFITS OLSON, and Ms. ZOE LOFGREN of California. H. Res. 285: Mr. DELAHUNT, Mr. MCCOTTER, Under clause 9 of rule XXI, lists or H.R. 2332: Mr. KISSELL. and Mr. PITTS. statements on congressional earmarks, H.R. 2338: Mr. WAMP, Mrs. MYRICK, Mrs. H. Res. 314: Mr. SIRES, Mr. RYAN of Ohio, BACHMANN, and Ms. FALLIN. Mr. GRAYSON, Mr. HARE, Mrs. HALVORSON, limited tax benefits, or limited tariff H.R. 2355: Mr. HASTINGS of Florida, Ms. Ms. EDWARDS of Maryland, Mr. ADLER of New benefits were submitted as follows: KILPATRICK of Michigan, and Ms. CORRINE Jersey, Mr. WEINER, Mr. CARNEY, and Mr. The amendment to be offered by Rep- BROWN of Florida. ROONEY. resentative NYDIA VELA´ ZQUEZ or a designee H.R. 2368: Mr. BERMAN. H. Res. 323: Mr. ISSA. to H.R. 2352 the Job Creation Through Entre- H.R. 2389: Mr. HALL of New York. H. Res. 327: Mr. LIPINSKI. preneurship Act of 2009, does not contain any H.R. 2393: Mr. OLSON, Mr. PAULSEN, Mr. H. Res. 349: Mr. HASTINGS of Washington, congressional earmarks, limited tax bene- THORNBERRY, and Mr. MCKEON. Mr. SESTAK, Mr. ROSKAM, and Mr. CALVERT. fits, or limited tariff benefits as defined in H.R. 2404: Mr. MASSA. H. Res. 355: Mr. BARTLETT. clause 9(d), 9(e), or 9(f) of rule XXI.

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Vol. 155 WASHINGTON, TUESDAY, MAY 19, 2009 No. 77 Senate The Senate met at 10 a.m. and was appoint the Honorable ROLAND W. BURRIS, a vote on that nomination after the cau- called to order by the Honorable RO- Senator from the State of Illinois, to per- cus lunches today at about 2:15 p.m. LAND W. BURRIS, a Senator from the form the duties of the Chair. Later this afternoon, we expect to State of Illinois. ROBERT C. BYRD, begin consideration of the Iraq and Af- President pro tempore. ghanistan supplemental appropriations PRAYER Mr. BURRIS thereupon assumed the bill. chair as Acting President pro tempore. The Chaplain, Dr. Barry C. Black, of- f fered the following prayer: f Let us pray. RECOGNITION OF THE MINORITY Gracious Lord, King of our lives and RECOGNITION OF THE MAJORITY LEADER LEADER Ruler of all, help us today to trust You The ACTING PRESIDENT pro tem- with all our hearts and strive to stay The ACTING PRESIDENT pro tem- pore. The Republican leader is recog- within the circle of Your will. Turn the pore. The majority leader is recog- nized. Members of this body back to the truth nized. f that those who would be great must be Mr. REID. Mr. President, I suggest willing to serve humanity and that the absence of a quorum. SUPPLEMENTAL WAR SPENDING those who lose their lives for a worthy The ACTING PRESIDENT pro tem- Mr. MCCONNELL. Mr. President, cause will find life everlasting. May pore. The clerk will call the roll. today, the Senate takes up the supple- such service and sacrifice bring deliver- The assistant legislative clerk pro- mental war spending bill for the wars ance to captives and balm to those who ceeded to call the roll. in Afghanistan and Iraq. The need to are bruised by life. Make our law- Mr. REID. Mr. President, I ask unan- consider such wartime supplementals makers, this day, receptive to Your imous consent that the order for the is familiar to the Senate, but their im- wisdom, even amid the contention and quorum call be rescinded. portance has not diminished over time. collision of debate. Help them to shine The ACTING PRESIDENT pro tem- Our Armed Forces have fought val- with Your peace and good will. Lord, pore. Without objection, it is so or- iantly against global terrorism for fill this Chamber with Your presence dered. more than 7 years, and our intelligence and each Senator with Your power for f community has made invaluable con- the work of this day. tributions to that effort. This week, We pray in Your strong Name. Amen. SIGNING AUTHORITY the Senate will show, once again, that f Mr. REID. Mr. President, I ask unan- we are grateful for the service and de- PLEDGE OF ALLEGIANCE imous consent that today, Tuesday, pendent on the heroism of every Amer- The Honorable ROLAND W. BURRIS led May 19, I be authorized to sign any ican fighting to help protect us at the Pledge of Allegiance, as follows: duly enrolled bills or joint resolutions. home and abroad. I pledge allegiance to the Flag of the The ACTING PRESIDENT pro tem- Similar to any supplemental war United States of America, and to the Repub- pore. Without objection, it is so or- spending bill, this week’s bill must be lic for which it stands, one nation under God, dered. viewed in the context of the broader indivisible, with liberty and justice for all. f fight against terrorism. This is a fight f that began in earnest after the events SCHEDULE APPOINTMENT OF ACTING of 9/11 but which found its justification PRESIDENT PRO TEMPORE Mr. REID. Mr. President, following in a long series of attacks that cul- leader remarks, the Senate will resume minated on that terrible day. Eight The PRESIDING OFFICER. The consideration of H.R. 627, the credit years before 9/11, several Americans clerk will please read a communication card bill. A rollcall vote will occur were killed in the first World Trade to the Senate from the President pro sometime within the next half hour or Center bombing. Two years later, five tempore (Mr. BYRD). so. It may not occur immediately. Americans were killed in an attack on The assistant legislative clerk read When cloture is invoked, we will dis- a U.S. military site in Riyadh. In 1996, the following letter: pose of the pending amendments and 19 U.S. servicemen lost their lives in U.S. SENATE, then vote on passage of the bill, as the Khobar Towers bombing. In 1998, 12 PRESIDENT PRO TEMPORE, amended. Rollcall votes are possible Americans were killed in Embassy Washington, DC, May 19, 2009. To the Senate: later in the day. We do know there are bombings in Nairobi and Dar es Sa- Under the provisions of rule I, paragraph 3, some agreements on a nomination, the laam. In 2000, 17 American soldiers of the Standing Rules of the Senate, I hereby Gensler nomination. There will be a were killed in the attack on the USS

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

S5565

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VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5566 CONGRESSIONAL RECORD — SENATE May 19, 2009 Cole. Of course, on September 11, 2001, rado, terrorists overseas will turn their The need for credit card reform is 19 hijackers killed 3,000 Americans in swords into ploughshares. crucial, and the time to act is now. We New York, Virginia, and Pennsylvania. The global terror network we are must pass the Credit CARD Act of 2009 What is clear from all this is that fighting targeted and killed Americans without delay. terrorists were at war with us long be- long before 9/11 and long before we As credit availability tightens, the fore we were at war with them. But opened the gates of Guantanamo. Shut- final wall of support is crumbling. At then, after 9/11, the Northern Alliance ting this facility now could only serve the slightest provocation, many credit and U.S. forces, along with our allies, one end; that is, to make Americans card companies have chosen to take ad- took the fight to al-Qaida and the less safe than Guantanamo. vantage of families in distress with un- Taliban in Afghanistan. Coalition The supplemental spending bill that fair interest rates and drastic new fees. forces later toppled Saddam Hussein the Senate votes on this week will fund Some people are suddenly confronted and subsequently mounted a successful an effort to combat terrorism that has with a choice between large annual counterinsurgency against al-Qaida in been hard fought. We have seen vic- premiums or excessive rate hikes. Iraq that continues to this day. The tories and we have seen setbacks and A Chicagoan, Mr. Weatherspoon supplemental we will consider this keeping detainees off the battlefield is bought a home several years ago and week funds all those efforts, and it pro- part of the battle. Al-Qaida’s terrorist soon ran into some unexpected ex- vides vital assistance to Pakistan in its networks remain vital and lethal, and penses. To consolidate his home repair ongoing battle against insurgents. releasing detainees to return to terror bills that totaled over $12,000, Mr. One of the more contentious issues in places such as Yemen would be at Weatherspoon applied for a credit card that has arisen in the course of this cross-purposes with the underlying bill to take advantage of a low introduc- protracted fight is the fate of captured itself. If we are committed to funding tory offer of 4.5 percent. terrorists. Since 9/11, the United States the global fight against terrorism, then Without notice, that low rate jumped has captured hundreds of terrorists we will come up with a good alter- to 28 percent. And he has been paying who wish to harm Americans. Many of native to Guantanamo before we move it off ever since. Over the last 8 years, them have been brought to the secure to close it. Mr. Weatherspoon has paid the bank detention facility at Guantanamo Bay. The administration has shown a will- $15,000, but has only reduced his prin- Current inmates include some of the ingness to change course on other mat- cipal balance by $800. key coconspirators in the Embassy ters of national security. It is my hope These companies can change the bombings in Nairobi and Dar es Sa- that it will show a similar willingness terms of a contract at a moment’s no- laam, as well as Abd al-Rahim al- on Guantanamo. As the Senate con- tice and without providing any reason Nashiri, the mastermind of the attack siders this supplemental, we will have at all. on the USS Cole. Khalid Shaikh Mo- an opportunity to encourage such a This allows them to maximize their hammed, the mastermind of the 9/11 at- shift in their thinking by expressing profits while keepingAmerican families tacks, is also there, as are a number of our opposition to closing Guantanamo mired in more than $950 billion worth his 9/11 coconspirators. until a good alternative emerges. This of debt. Guantanamo was established to is the only way to ensure the same We cannot stand by as honest, re- house terrorists such as these—dan- level of safety that Guantanamo has sponsible people fall victim to these gerous men who pose a serious threat delivered and the supplemental itself is predatory tactics. to Americans. The fact that we have intended to promote. We must not allow millions of Ameri- not been attacked at home since 9/11 Mr. President, I suggest the absence cans to be tricked and cheated as they confirms, in my view, the fact that this of a quorum. struggle to make ends meet. Con- facility, when taken together with all The ACTING PRESIDENT pro tem- sumers are demanding relief, and it is our other efforts in the global fight pore. The clerk will call the roll. our duty to provide it. against terrorism, has been a success. The legislative clerk proceeded to There is no place for that kind of There is no doubt that some of the call the roll. greed in this new economy. There is no men who are held at Guantanamo are Mr. BURRIS. Mr. President, I ask place for rising interest rates and eager to launch new attacks against unanimous consent that the order for record profits at the expense of good us. Of those who have been released the quorum call be rescinded. working people. from Guantanamo, about 12 percent The PRESIDING OFFICER (Mr. Now, as never before, we must move have returned to the battlefield. One of BROWN). Without objection, it is so or- with urgency to shieldAmerican wage these men is currently a top al-Qaida dered. earners against exploitation and ensure Mr. BURRIS. Mr. President, I would deputy in Yemen. Another is the that everyone gets a fair deal. This is like to speak briefly on the credit card Taliban’s operations commander in especially true of those in need, and it legislation which we are going to be southern Afghanistan. These are men is on their behalf that I address this taking up in a minute. who were thought to be safe for trans- The PRESIDING OFFICER. Without Chamber today. That is why I support the Credit fer. objection, it is so ordered. More recently, the Defense Depart- The Senator from Illinois is recog- CARD Act of 2009. This bipartisan leg- ment has confirmed that 18 former de- nized. islation will give us the tools to fix a tainees have returned to the battlefield system that allows corporate giants to and that at least 40 more are suspected f abuse their customers. of having done so. Earlier this year, CREDIT CARD REFORM It will bring accountability back to the Saudi Government said that nearly Mr. BURRIS. Mr. President, in these the market and strengthen oversight. a dozen Saudis who were released from trying economic times, far too many It will end abusive practices like hid- Gitmo are believed to have returned to Americans have had to watch their den fees and sudden rate hikes. terrorism. This is a good reason to hard-earned financial security evapo- Young consumers will be shielded by keep these men at Guantanamo until rate almost overnight. a provision that requires an adult to the administration can present us with Rising unemployment, rampant fore- share in every new credit card agree- a plan for keeping terrorists off the closures, and shrinking market liquid- ment. battlefield. ity continue to run roughshod over Companies will be required to use Some have argued that the existence American families. For some, credit plain language instead of manipulative of the Guantanamo prison serves as a cards have become a last line of de- fine print, ending the predatory bait- recruiting tool for terrorists. But it is fense. and-switch tactics that got us into this hard to imagine that moving this facil- Responsible spending on credit has mess. ity somewhere else and giving it a dif- helped millions of ordinary people pay Quite simply, this bill will restore ferent name will somehow satisfy our bills and keep food on the table even as fairness, honesty and plain old common critics in European capitals. Even less the economy continues to deteriorate. sense to the credit card industry. likely is the notion that by moving de- I rise today in support of these hard- It will stop companies from changing tainees from the coast of Cuba to Colo- working Americans. the rules in the middle of the game,

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5567 but it will do nothing to reward irre- get those 400,000 customers, my guess is are celebrating the entrepreneurial sponsible spenders or penalize compa- they are not going to convince the Sen- spirit of the over 26 million small busi- nies that operate in good faith. This is ator from Illinois—the junior Senator nesses in America that serve as a back- essential legislation at a time when the or the senior Senator from Illinois— bone of our economy. stakes could not be any higher. they are not going to convince me, Just yesterday, I was with Adminis- We must move quickly to halt unfair they are not going to convince most of trator Karen Mills of the Small Busi- and abusive practices that threaten our us who are in our forties, fifties, and ness Administration, as she opened financial security. America has had sixties to start smoking. They are Small Business Week at one of the enough, and it is time that the mem- more likely to aim at the pages who local hotels here, where there are hun- bers of this Senate stand with our fel- are sitting here who are 15, 16, 17 years dreds of small business owners receiv- low citizens to say that we, too, have old. They are more likely to go after ing awards from all our States for the had enough. children. extraordinary work they have done in I urge my colleagues to join with me In fact, the Cancer Action Network, opening, starting, and building their in passing the Credit CARD Act. We the American Cancer Society, did an ad businesses, at even these challenging will be voting shortly. Let’s pass this today: 98,000 kids have smoked their times. In a few minutes, I will be join- bill. first cigarette in the last month. That ing her for lunch, as we hand out I suggest the absence of a quorum. is why the cigarette companies, the to- awards to some of the most innovative The PRESIDING OFFICER. The bacco companies have introduced prod- small businesses in the world today, clerk will call the roll. ucts such as Camel Orbs, Sticks, and not just in America but in the world. It The assistant legislative clerk pro- Strips that are aimed at children. That is exciting that many of these small ceeded to call the roll. is why they did the Camel No. 9, a very business owners are with us in Wash- Mr. BROWN. Mr. President, I ask attractive package, trying to get ington this week. unanimous consent that the order for women to smoke; Joe Camel; bill- So I have come to the floor to speak the quorum call be rescinded. boards—until we outlawed them—right about our business owners, some of the The ACTING PRESIDENT pro tem- by high school campuses and high challenges they are facing, and to ac- pore. Without objection, it is so or- school buildings. knowledge there will be a resolution we dered. The fact is, 400,000 Americans die are asking to be cleared this week in Mr. BROWN. I ask unanimous con- every year from tobacco-related ill- honor of these millions of firms. sent to speak for no more than 5 min- nesses. Tobacco companies need 400,000 I say to the Presiding Officer, as you utes as in morning business. new customers just to break even, just The ACTING PRESIDENT pro tem- know, Main Street firms pump almost to stay in business. They aim at our $1 trillion into our economy every pore. Without objection, it is so or- children. They go after children who dered. year, creating two-thirds of all new are 12, 13, 14, 15, 16, 17 years old. That jobs, and account for more than half f is why, under Chairman KENNEDY’s America’s workforce. Sometimes when FAMILY SMOKING PREVENTION leadership with Chairman DODD, today people see corporations and businesses AND TOBACCO CONTROL ACT the Health, Education, Labor, and Pen- and they read the headlines about Gen- sions Committee will begin its delib- eral Motors, GE, or other large compa- Mr. BROWN. Mr. President, 15 years erations on finally changing the way ago I sat on the Energy and Commerce nies—Exxon, Shell come to mind— we regulate tobacco, giving the author- those are good examples of national Committee in the House of Representa- ity to the Food and Drug Administra- tives and listened to seven tobacco ex- and international companies, but they tion. It is the right way to go. By this are not necessarily examples of where ecutives. It was a famous photograph time on Thursday, I hope, certainly by of these seven tobacco executives who all the jobs are, contrary to common Friday, we should have legislation belief. raised their right hands and swore to voted out of that committee, ready to tell the whole truth and nothing but The jobs are hard to see sometimes take action. It is about time this body because they are in small places; in the truth. They were there to defend stood up to the tobacco interests and their practices and swear under oath neighborhoods and on main streets and did what is right for our children. farm roads and on farm-to-market that cigarettes and nicotine were not I yield the floor and suggest the ab- roads throughout our country; they are addictive. The president of Philip Mor- sence of a quorum. with small entrepreneurs employing ris said, ‘‘I believe nicotine is not ad- The ACTING PRESIDENT pro tem- themselves and maybe two or three dictive.’’ The chairman and CEO of pore. The clerk will call the roll. other people or themselves and maybe R.J. Reynolds Tobacco Company said, The assistant legislative clerk pro- 10 or 15 other people. They are building ‘‘Cigarettes and nicotine clearly do not ceeded to call the roll. meet the classic definition of addic- Ms. LANDRIEU. Madam President, I the backbone of the American free en- tion.’’ The president of U.S. Tobacco, ask unanimous consent that the order terprise system. the chairman and CEO of Liggett for the quorum call be rescinded. These are the family businesses Group, and the chairman and CEO of The PRESIDING OFFICER (Mrs. throughout the country whose thread Brown & Williamson Tobacco Corpora- GILLIBRAND). Without objection, it is so still weaves the American dream—the tion all said, ‘‘I believe that nicotine is ordered. dream of working for yourself, being not addictive.’’ I listened as the presi- Ms. LANDRIEU. Madam President, I your own boss, setting your own hours, dent and CEO of American Tobacco ask unanimous consent to speak for up never working less than you would said, ‘‘I, too, believe nicotine is not ad- to 5 minutes as in morning business. probably at a large company, always dictive.’’ The PRESIDING OFFICER. Without working more but being quite reward- During that hearing, we heard re- objection, it is so ordered. ing, with a business you can pass down peatedly that 400,000 Americans die of Ms. LANDRIEU. Thank you, Madam to your children and grandchildren who tobacco-related illnesses; 400,000 Amer- President. earn their way in the business. This is what keeps the spirit of America going icans every year, more than a thousand f people a day, die of tobacco-related ill- forward. nesses. It occurred to me—as these SMALL BUSINESS WEEK These are the businesses we honor CEOs raised their right hands, all seven Ms. LANDRIEU. Madam President, I this week. They are the technological of them in a row, and said tobacco is know we are trying to finalize the de- startups that produce cutting-edge, not addictive, cigarettes aren’t addict- bate on the underlying credit card im- clean energy sources, lifesaving med- ive—it occurred to me why they were provement bill and support for con- ical advances, and provide safer equip- saying that. Simply, if 400,000 of their sumers with personal credit cards. But ment for our troops, protecting our customers are dying every year, more I thought I would take a moment to way of life. They are the construction than 1,000 a day, they need at least come to the floor to speak to the fact companies that build new schools and 400,000 new customers every year, at that this week is Small Business Week better homes and businesses that fix least 1,000 a day. So if they are going to in America. All over our country we our roads and our bridges.

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5568 CONGRESSIONAL RECORD — SENATE May 19, 2009 These are the small business entre- where our unemployment rate, thank- going to vote on the credit card legisla- preneurs out there whom we honor this fully, is lower than the average but, tion, which is a very important step week. nonetheless, our businesses are strug- forward in beginning to address some As the Presiding Officer and our gling. of the outrages the large banks and other colleagues know, small busi- We must double our efforts. I wish to credit card industry are perpetrating nesses are in a world of hurt. They are work with my colleagues in the House on the American people. in trouble. They are in very troubled to reauthorize the Small Business Ad- A few weeks ago, I asked folks on my waters, in very difficult times. ministration and its critical programs. mailing list to tell me what credit card As America’s consumers pinch pen- These initiatives have assisted entre- companies are doing to them. Within 3 nies to pay the bills, small business preneurs in starting and growing their days, we had over 5,000 responses, and owners scramble to pay their own bills. businesses and were responsible, ac- many of these responses were hair-rais- Entrepreneurs are, unfortunately, cording to our records, for 1.5 million ing. People have seen their interest being turned away from many tradi- jobs being created or sustained last rates on their credit cards double, tri- tional sources of capital financing. year. ple. People are now paying 25 or 30 per- Many of these small businesses have One of these small business owners is cent interest rates, which to my mind never, in their history of business, Bob Baker, the owner of Baker Sales, a is unacceptable. missed a payment or been late on a pipe and fence distributor in Louisiana The issue we are dealing with on payment. Yet we are hearing some very and the State’s Small Business Owner credit cards is something I have been of the Year. sad and troubling stories in the Small involved in for many years. I was a I met Bob Baker yesterday. He en- Business Committee, such as that of courages his employees to take advan- member of the Financial Services Com- Robert Cockerham, whose wife, I be- tage of the free classes the local Small mittee in the House of Representatives lieve, was with him, if my memory Business Development Center offers. in 2003. We introduced legislation enti- serves. He is a car dealer. He took his He has taken advantage of the center’s tled the ‘‘Credit Bait and Switch Pre- life savings and started Car World. counseling to cope with financial dif- vention Act,’’ which deals with many Similar to many business owners, he ficulties. of the same issues that, in fact, we are put everything into this business. He These days, Bob reports he is doing going to be dealing with today. So it became one of the highest selling deal- better than most small business own- has taken us a little bit of time to get erships in New Mexico. It was an excit- ers. He has stabilized his line of credit to where we are, but I think it is a step ing opportunity for him and his family. at a local Chase Bank, but he knows forward. But yet, as this recession has unfolded, right now he cannot expand because of What I do wish to say is, while the he was forced to close some of his deal- the current situation. legislation we are passing today is im- erships and lay off workers. He thought But let me say, if we are going to portant—and it is a very good piece of most of his tough decisions were be- pull out of this recession—I believe we legislation; I congratulate Chairman hind him, only to find that a bank will—it is going to be because small DODD for his work on it—it does not go came in and constricted his line of business pulls us out, not the giant cor- far enough. One of the areas where it is credit. Again, he had never missed a porations, not the multinationals but not going anywhere near as far as it payment or been late. Unfortunately, the intrepid entrepreneurs who will put should be is finally addressing the issue now his business is in a very dire situa- their face to the wind and move for- of usury in the United States of Amer- tion. ward, even in difficult times. ica and making a moral determination That is why it is important for us to The least we can do is reauthorize whether it is acceptable, whether it is press forward on everything we can, our Small Business Administration, moral for banks to be charging Ameri- through the Small Business Adminis- make it as robust and effective and cans 25 or 30 percent interest rates and, tration, through the stimulus package, agile and muscular as possible, to give in some cases, in terms of payday lend- trying to reach business owners such as them the help they need. ing, significantly higher than that. Is this who have not done anything To help Bob Baker, to help Robert that what we want to be doing as a na- wrong. They have simply gotten Cockerham, and small business owners tion? What I would like to do now is caught up in one of the worst economic such as them who have testified before briefly read from what I thought was a downturns in recent memory. We need our committee, let us redouble our ef- very thoughtful article by Arianna to do more, and we will. That is what forts to get our work done. Huffington in the Huffington Post, our efforts are here today, as in the In conclusion, we must also make where she touches on the issue of previous weeks, and hopefully in the sure the billions of dollars in stimulus usury, which is an issue we have to ad- weeks to come. money are moving to small businesses, dress. I am proud to say we have taken as required by law. I will be having a This is what she says: hearing this week in my committee, some important steps. But we need to Throughout history, usury has been de- do so much more. The American Recov- and I wish to thank so many of my cried by writers, philosophers, and religious ery and Reinvestment Act took bold members, particularly Senator leaders. steps to increase access to capital for SHAHEEN, Senator HAGAN, and Senator Aristotle called usury the ‘‘sordid love of our Nation’s entrepreneurs. In the CARDIN, who have been particularly ag- gain,’’ and a ‘‘sordid trade.’’ Small Business Committee, we worked gressive in this effort. I thank them Thomas Aquinas said it was ‘‘contrary to justice.’’ to temporarily eliminate fees on SBA- very much. Again, it is Small Business Week. In The Divine Comedy Dante assigned usu- backed loans. I am proud to report the Pat a small businessperson on the rers to the seventh circle of hell. week that new rule went into effect, we back. Thank him or her for doing his or Deuteronomy 23:19 says, ‘‘thou shalt not saw an immediate uptick of 25 percent lend upon usury to thy brother.’’ her work because this will be the group in new loans being made through the Ezekiel 18:10 compares a usurer to someone who leads America back to strength. SBA because of the temporary elimi- who ‘‘is a thief, a murderer . . . defiles the I yield the floor. wife of his neighbor, oppresses the poor and nation of those fees. The PRESIDING OFFICER. The Sen- The Recovery Act has helped to stim- needy, commits robbery, does not give back ator from Vermont. a pledge, raises his eyes to idols, does abomi- ulate new lending and will, hopefully, Mr. SANDERS. Madam President, I nable things.’’ continue to do so. We think, based on ask unanimous consent to be able to The Koran is equally unequivocal: ‘‘God what is in the Recovery Act, it will speak for up to 10 minutes as in morn- condemns usury.’’ And it goes on to say that pump about $16 billion in new loans ing business. ‘‘those who charge usury are in the same po- and venture capital into small busi- The PRESIDING OFFICER. Without sition as those controlled by the devil’s in- nesses in America. objection, it is so ordered. fluence.’’ I continue to be concerned, however, In other words, throughout history, f about the road ahead for so many of and in all the major religions, usury our small businesses, not only in New USURY has been condemned. What civilization York, the State the Presiding Officer Mr. SANDERS. Madam President, I has said is that it is simply wrong and represents, but in Louisiana as well, am assuming today we are, in fact, immoral for those people who have

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5569 money to take advantage of those peo- The president should email his speech to is set to come up for a vote this week (the in- ple who need that money by charging Wall Street. And while he’s at it, he should dustry already having spent $42 million on them outrageously high interest rates. also blast it out to the people running the lobbying this year alone). Although, to hear In my view, interest rates of 25, 30, 35, giant pharmaceutical companies, the ones the bankers’ lobbyists tell it, all they really who knowingly allow deadly drugs to remain want is what is best for the consumer. 50 percent are outrageous and it is on the shelves; to the people running chem- usury, and it is time the Senate ad- ‘‘It is vitally important for policymakers ical plants releasing deadly toxins into the to get the right balance of better consumer dress those issues. water and air; to the factory farmers filling protection while not jeopardizing access to Up until the late 1970s— our food with steroids and additives; to the credit and the credit markets,’’ said Ken and I am quoting Arianna Huffington dentists exposed for trading their Hippo- Clayton of the American Bankers Associa- cratic oath for profit by performing unneces- tion. ‘‘We are very worried that the Senate again— sary surgeries on children. America’s laws followed suit, keeping inter- And he should definitely send it to the bill fails to achieve this balance, to the det- est rates in check. credit card companies, which, faced with cus- riment of American consumers.’’ Then, in 1979, a Supreme Court ruling al- tomers choking on debt and forced to use Yes, I’m sure they are losing a lot of sleep lowed banks to charge the top interest rate their credits cards to pay for essentials like worrying about American consumers. But allowed by the State where a bank is incor- food and medical care, respond by jacking up the problem for most consumers isn’t getting porated as opposed to the borrower’s home interest rates and tacking on penalties and access to credit cards (see the endless credit State. Hoping to lure banks’ business, States fees. Even as credit card defaults reached card come-ons clogging our mailboxes). It’s like South Dakota and Delaware repealed record levels in April. being hammered with 36 per cent interest their usury laws—and off we went. As we move to Epoch B, we need to ask rates for missing a single payment or That same year, Congress passed the De- ourselves: do we want to continue living in a bombarded with a never-ending array of fees pository Institutions Deregulation and Mon- world where banks can gouge their cus- (lenders raked in over $18 billion on penalties etary Control Act which, among other tomers with sky-high interest rates? and fees alone in 2007). things, allowed federally chartered savings The Senate seems to think so. Last week it banks and loan companies to charge any in- voted down a measure introduced by Bernie In any case, the Senate bill, while defi- terest rates they chose—putting us on the Sanders that would cap interest rates at 15 nitely a step in the right direction (and even path that led us to today, where banks rou- percent. And it wasn’t even close. Sanders’ tougher than the measure the House passed tinely gouge their most vulnerable cus- amendment only got 33 votes, with 22 Demo- in April), will, with a few worthy differences, tomers. crats joining those who voted against the in- impose the same limits on the credit card in- So here is where we are today. The terests of their constituents (a shout out to dustry as the new rules passed by the Fed in Sen. Grassley, the lone Republican to vote December. And, like the new Fed regula- bottom line is we are going to pass a tions, the Senate legislation won’t take ef- bill that is long overdue. It is a good for the amendment). ‘‘When banks are charging 30 percent inter- fect for close to a year. bill. I commend Chairman DODD for his est rates, they are not making credit avail- Don’t get me wrong: having the president hard work. It is an important step for- able,’’ said Senator Sanders. ‘‘They are en- sign the bill into law will send the right mes- ward in protecting consumers. But I gaged in loan sharking.’’ Also known as sage to the banking industry (important am going to be back on this issue of usury. after the cramdown debacle) and offer added usury. In the United States of America, Throughout history, usury has been de- protection against a future Fed chairman ar- we have to finally tell banks and credit cried by writers, philosophers, and religious bitrarily rolling back the new rules. leaders. card companies it is simply not accept- Aristotle called usury the ‘‘sordid love of But if the new rules are important enough able to charge people 25, 30, 35 percent gain,’’ and a ‘‘sordid trade.’’ to consumers for Congress to enshrine them interest rates. We have to end that Thomas Aquinas said it was ‘‘contrary to into law, why not make them effective im- abominable practice, and I intend to be justice.’’ mediately? As Obama said at last week’s playing an active role in that. In The Divine Comedy Dante assigned usu- town hall meeting on credit cards, the preda- I ask unanimous consent that the ar- rers to the seventh circle of hell. tory practices of the credit industry have ticle to which I have been referring be Deuteronomy 23:19 says, ‘‘thou shalt not ‘‘only grown worse in the middle of this re- lend upon usury to thy brother.’’ cession, when people can afford them least.’’ printed in the RECORD. Ezekiel 18:10 compares a usurer to someone Almost a year is too long to wait when peo- There being no objection, the mate- who ‘‘is a thief, a murderer . . . defiles the ple are struggling—and being bled dry. rial was ordered to be printed in the wife of his neighbor, oppresses the poor and ‘‘Both the politicians and the regulators RECORD, as follows: needy, commits robbery, does not give back a pledge, raises his eyes to idols, does abomi- are riding in like the cavalry, and the set- (From the Huffington Post, May 18, 2009) tlers are already dead,’’ David Robertson, OBAMA CALLS FOR AN EXTREME MAKEOVER OF nable things.’’ The Koran is equally unequivocal: ‘‘God publisher of the Nilson Report, a newsletter OUR CULTURE: ARE THE CREDIT CARD COM- condemns usury.’’ And it goes on to say that that monitors the credit card industry, told PANIES LISTENING? ‘‘those who charge usury are in the same po- the Washington Post. (By Arianna Huffington) sition as those controlled by the devil’s in- As HuffPost’s Ryan Grim reported, Obama In his masterful commencement speech at fluence.’’ has been much more involved with the credit Notre Dame this weekend, President Obama Up until the late 1970s, America’s laws fol- card bill than he was with the anti-fore- took his campaign theme of Change to a lowed suit, keeping interest rates in check. closure legislation. But, given the impas- whole new level, telling the graduates—and Then, in 1979, a Supreme Court ruling al- sioned case he made at Notre Dame and his the rest of us—that we find ourselves at ‘‘a lowed banks to charge the top interest rate call to ‘‘align our deepest values and com- rare inflection point in history where the allowed by the state where a bank is incor- mitments to the demands of a new age,’’ he size and scope of the challenges before us re- porated as opposed to the borrower’s home should take it one step further and throw his quire that we remake our world to renew its state. Hoping to lure banks’ business, states weight behind Sanders’ effort to limit usu- promise.’’ like South Dakota and Delaware repealed rious interest rates. So, as we stand at this inflection point and their usury laws—and off we went. gradually move from what Jonas Salk called That same year, Congress passed the De- Just because it didn’t pass doesn’t mean Epoch A (our survival-focused past) to Epoch pository Institutions Deregulation and Mon- it’s dead. History is filled with causes that B (our meaning-focused future), we have to etary Control Act which, among other took many battles before they were vic- ask ourselves what this remade world will things, allowed federally chartered savings torious (women’s suffrage, the Voting Rights look like—and what steps we need to take to banks and loan companies to charge any in- Act, the Clean Air Act, the American with get there. terest rates they chose—putting us on the Disabilities Act, etc., etc., etc.). At Notre Dame, Obama offered a dev- path that led us to today, where banks rou- Our deepest values and commitments are astating teardown of Epoch A and its ‘‘econ- tinely gouge their most vulnerable cus- certainly being put to the test. Questions we omy that left millions behind even before tomers. thought had been settled for hundreds of this crisis hit—an economy where greed and According to Elizabeth Warren, credit card years are suddenly back on the table. Are we short-term thinking were too often rewarded companies ‘‘have switched from the notion of a country that tortures or not? Are we a at the expense of fairness, and diligence, and ‘I’ll lend you money because I think you’ll be country that financially tricks and traps an honest day’s work.’’ able to repay and we’ll find a reasonable rate millions of vulnerable working families, The problem, according to the president: for doing that’ over to a tricks and traps binding them to the whims of bankers who ‘‘Too many of us view life only through the model . . . The job is to trick people and trap have lost all sight of fairness? lens of immediate self-interest and crass ma- them and that’ s how you boost profits.’’ terialism; in which the world is necessarily a This profit-uber-alles mindset is why the Appearing on Real Time with Bill Maher, zero-sum game. The strong too often domi- banking industry, looking at the world Elizabeth Warren put the question this way: nate the weak, and too many of those with through what Obama described as the ‘‘lens ‘‘This is really about whether we have a wealth and power find all manner of jus- of immediate self-interest and crass mate- government that just recedes and says, in ef- tification for their own privilege in the face rialism,’’ is fighting tooth and nail against fect, ‘Hey, the strong can take from every- of poverty and injustice.’’ the Senate’s new credit card reform bill that body, they can write these [rules] however

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5570 CONGRESSIONAL RECORD — SENATE May 19, 2009 they want . . .we can have a totally broken The PRESIDING OFFICER. The clo- NOT VOTING—5 market that makes a few people very rich ture motion having been presented Brown Ensign Rockefeller and robs the rest of them. Or you can write under rule XXII, the clerk will report Byrd Kennedy a set of rules that says, ‘You know, it’s just the motion to invoke cloture. gotta be kind of level out there.’ . . . Every- The PRESIDING OFFICER. On this thing we have, your shoes, your clothes, the The bill clerk read as follows: vote, the yeas are 92, the nays are 2. water you drink, the air you breathe, we CLOTURE MOTION Three-fifths of the Senators duly cho- have basic safety rules in the United States. sen and sworn having voted in the af- We, the undersigned Senators, in accord- . . . But we don’t have them for consumer ance with the provisions of rule XXII of the firmative, the motion is agreed to. credit products.’’ Standing Rules of the Senate, hereby move Mr. DODD. Madam President, I move Heading into Epoch B, and seeing the dev- to bring to a close debate on the Dodd-Shel- to reconsider the vote and to lay that astation all around us here at the tail end by substitute amendment No. 1058 to H.R. motion on the table. Epoch A, can anyone—other than the bank- 627, the Credit Cardholders’ Bill of Rights The motion to lay on the table was ing lobby, that is—argue that we shouldn’t? Act of 2009. The moment to act is now. Inflection agreed to. Harry Reid, Christopher J. Dodd, Bill points in history don’t come along very The PRESIDING OFFICER. The Sen- Nelson, Richard Durbin, Debbie often. ator from Connecticut. Stabenow, Patrick J. Leahy, Patty Mr. SANDERS. I yield the floor. Mr. DODD. Madam President, I ask Murray, Amy Klobuchar, Russell D. unanimous consent that it be in order I note the absence of a quorum. Feingold, Mark R. Warner, Jon Tester, The PRESIDING OFFICER. The Mark Begich, Mark L. Pryor, Robert P. to make a point of order, en bloc, on clerk will call the roll. Casey, Jr., Benjamin L. Cardin, Jack the pending amendments. The PRESIDING OFFICER. Is there The bill clerk proceeded to call the Reed, Sherrod Brown. objection? roll. The PRESIDING OFFICER. By unan- Without objection, it is so ordered. Mr. DODD. Madam President, I ask imous consent, the mandatory quorum Mr. DODD. Madam President, I make unanimous consent that the order for call is waived. a point of order, en bloc, that the pend- the quorum call be rescinded. The question is, Is it the sense of the ing amendments are not germane The PRESIDING OFFICER. Without Senate that debate on amendment No. postcloture. objection, it is so ordered. 1058, the Dodd-Shelby substitute to The PRESIDING OFFICER. The f H.R. 627, the Credit Cardholders’ Bill of point of order is well taken, and the Rights, shall be brought to a close? RESERVATION OF LEADER TIME amendments fall. The yeas and nays are mandatory DEFERRED INTEREST The PRESIDING OFFICER. Under under the rule. Mr. SHELBY. Would the Senator the previous order, leadership time is The clerk will call the roll. from Connecticut yield to me for the reserved. The bill clerk called the roll. purpose of engaging in a colloquy? f Mr. DURBIN. I announce that the Mr. DODD. Yes, I would be happy to Senator from Ohio (Mr. BROWN), the yield. CREDIT CARDHOLDERS’ BILL OF Senator from West Virginia (Mr. Mr. SHELBY. A the Senator knows, RIGHTS ACT OF 2009 BYRD), the Senator from Massachusetts credit card issuers often offer so-called The PRESIDING OFFICER. The Sen- (Mr. KENNEDY), and the Senator from ‘‘deferred interest’’ programs for the ate will resume consideration of H.R. West Virginia (Mr. ROCKEFELLER) are benefit of cardholders. To my knowl- 627, which the clerk will report. necessarily absent. edge, the legislation would not affect The bill clerk read as follows: Mr. KYL. The following Senator is the ability to offer these types of pro- A bill (H.R. 627) to amend the Truth in necessarily absent: the Senator from grams, is that the Senator’s under- Lending Act to establish fair and trans- Nevada (Mr. ENSIGN). standing? parent practices relating to the extension of The PRESIDING OFFICER. Are there Mr. DODD. That is my under- credit under an open end consumer credit standing. plan, and for other purposes. any other Senators in the Chamber de- siring to vote? Mr. SHELBY. I appreciate that. For Pending: purposes of clarifying the intent of this The result was announced—yeas 92, Dodd/Shelby amendment No. 1058, in the legislation, I would like to ask an addi- nays 2, as follows: nature of a substitute. tional question. The legislation in- Landrieu modified amendment No. 1079 (to [Rollcall Vote No. 193 Leg.] cludes provisions to prohibit a balance amendment No. 1058), to end abuse, promote YEAS—92 calculation method known as ‘‘two- disclosure, and provide protections to small Akaka Enzi Menendez cycle’’ billing. This provision would businesses that rely on credit cards. Alexander Feingold Merkley Collins/Lieberman modified amendment have the effect of prohibiting the card Barrasso Feinstein Mikulski issuer from assessing interest on bal- No. 1107 (to amendment No. 1058), to address Baucus Gillibrand Murkowski stored value devices and cards. Bayh Graham Murray ances from the immediately preceding Lincoln amendment No. 1126 (to amend- Begich Grassley Nelson (NE) billing cycle as a result of a loss of a ment No. 1107), to amend the Federal Deposit Bennet Gregg Nelson (FL) grace period. Is it the Senator’s under- Insurance Act with respect to the extension Bennett Hagan Pryor Bingaman Harkin standing that this provision would not of certain limitations. Reed Bond Hatch Reid affect a credit card issuer’s ability to AMENDMENT NO 1130 TO AMENDMENT NO 1058 Boxer Hutchison . . Risch offer deferred interest programs? Brownback Inhofe The PRESIDING OFFICER. The Sen- Roberts Bunning Inouye Mr. DODD. That is my under- Sanders ator from Connecticut is recognized. Burr Isakson standing. It is not the intent of this Schumer Mr. DODD. Madam President, I ask Burris Johanns Sessions provision to eliminate deferred interest unanimous consent that the managers’ Cantwell Johnson programs that help consumers. In fact, Cardin Kaufman Shaheen amendment, which is at the desk, be Carper Kerry Shelby the payment allocation provisions in considered and agreed to and the mo- Casey Klobuchar Snowe the legislation envision the continued tion to reconsider be laid upon the Chambliss Kohl Specter Stabenow availability of such programs. table. Coburn Landrieu Mr. SHELBY. I thank the Senator. Cochran Lautenberg Tester The PRESIDING OFFICER. Is there Collins Leahy Udall (CO) Mr. LEAHY. Madam President, it is a objection? Conrad Levin Udall (NM) mark of the difference between the Without objection, it is so ordered. Corker Lieberman Vitter Senate’s agenda last year and the new Cornyn Lincoln Voinovich (The amendment is printed in today’s Crapo Lugar Warner Senate’s agenda this year that we fi- RECORD under ‘‘Text of Amendments.’’) DeMint Martinez Webb nally are able to debate and move to- The amendment (No. 1130) was agreed Dodd McCain Whitehouse ward a vote on the Credit Card Ac- to. Dorgan McCaskill Wicker countability, Responsibility and Dis- Durbin McConnell Wyden Mr. DODD. Madam President, I ask closure Act, which I strongly support. that the previous order regarding the NAYS—2 I thank and commend both Senator cloture vote commence. Kyl Thune DODD and Senator SHELBY for their

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5571 hard work on this important legisla- when it comes to the onerous and un- how to get American consumers in debt tion. The Banking Committee has fair terms in these contracts. traps, and keep them there by raising faced a number of extraordinary chal- Ms. MIKULSKI. Madam President, I interest rates, charging fees, and mar- lenges this year—stabilizing our finan- strongly support the Credit Card Ac- keting to consumers who didn’t know cial institutions, rescuing our housing countability, Responsibility, and Dis- any better. market, rooting out bad actors in the closure Act. They have been raising interest rates financial system, and restoring con- This legislation is about protecting on consumers for no reason, and apply- sumer confidence in our economy—and American families. Credit card compa- ing the higher interest rates retro- I applaud Chairman DODD for the ini- nies have been pushing schemes and actively. tiative he has taken in tackling these scams for years. This legislation beefs They have been charging fees with- issues and helping ordinary Americans up regulations and enforcement to help out any legitimate purpose—and then most affected by the current economic consumers avoid them. And it makes it charging interest on top those unfair downturn. easier for families to pay down their fees. Over the past 6 months, hundreds and bills and get out of debt. And they have been marketing their hundreds of Vermonters have con- I support this legislation because products to college students who they tacted my office voicing concerns heart and soul I am a regulator and a knew couldn’t afford the credit they about deceptive practices by the credit reformer. Over and over, I have voted were providing. card industry. People have shared sto- for more teeth and better regulation This has led to a massive ries about credit card companies rais- because I believe government should be unsustainable debt increase for too ing interest rates arbitrarily, charging on the side of the people. I was one of many families. It has made it almost usurious fees, and refusing to work co- nine Senators to vote against the de- impossible for some to get out of debt operatively with their clients. Most regulation that led to casino economics even though they have acted respon- troubling, the biggest offenders appear and caused the economic crisis we are sibly, and it’s led to too many students to be large, national banks that gladly fighting to get through today. From graduating college with thousands of accepted the mercy of taxpayer bailout tainted dog food to toxic securities, dollars in credit card debt but no money when they were in trouble yet we’ve seen the consequences of a lax steady paycheck. show little compassion now when their regulatory culture and wimpy enforce- This legislation says no more. customers are struggling. ment, which is why I have fought No more raising interest rates for no In today’s economy, Americans need against it at every turn. reason and with no notification. credit that is accessible, affordable, We need to get back to basics. For No more applying higher interest and dependable. Unfortunately, our too long we have let credit card compa- rates to balances that have already current credit card system disadvan- nies get away with schemes and scams. been paid off. tages many Americans and makes it We relaxed the rules and allowed the No more unfair sky-high fees with no harder for them to pay off their debt. whales and the sharks to grow bigger recourse for the consumer. Credit card contracts have been grow- and fiercer. I am on the side of the And no more targeting college kids ing increasingly complicated, decep- minnows. We need to regulate the to weigh them down with debt before tively worded, and unfairly stacked whales and the sharks. We need to stop they even graduate. against consumers. The time is long the scamming and the scheming. These reforms will give families in overdue for more transparent and equi- American families are worried about debt the opportunity to get out, it will table credit card practices—which I their jobs. They are worried about lower monthly credit card bills, and it why I was an early cosponsor of this their health care. They are worried will help consumers avoid the preda- bill and why I am very pleased that the about their kids’ school. They tory debt traps that are the problem in Senate at last is able to move forward shouldn’t have to worry about unfair the first place. in considering and voting on it. credit card practices. We need to fight for the middle class. This bill puts fairness and common People who saved for their retire- We need to fight for the people who sense back into the credit card system ment, those who’ve been faithful in play by the rules. by changing several unfair billing, paying their mortgage, those who have And we need a major attitude adjust- marketing, and disclosure practices. worked hard to pay for college are won- ment. Among its many important provisions, dering, ‘‘What is going on? The cost of Congress is trying to stand up for the the bill prohibits interest charges on groceries and health care and energy middle class, for our constituents who credit card debt that is paid on time; are going up and my pay check, if I’m are asking, ‘‘Where is my bailout?’’ requires a 45-day notice of any fee or lucky enough to still have one, is going But the banks and financial industry interest rate changes; prohibits inter- down. Where’s my bailout?’’ continue to stand in the way. We have est charges on credit card transaction No wonder my constituents are mad given them hundreds of billions in bail- fees such as late fees; prohibits as hell. They have watched Wall Street outs. But there is no sense of gratitude. overlimit fees unless a consumer opts executives pay themselves lavish sala- There is no sense of gratitude that the into the program; requires enhanced ries. They have watched them engage waitress, that the single mother, that disclosure to consumers regarding the in irresponsible lending practices. They the farmer, that the firefighter is will- consequences of making only minimum have watched them do casino econom- ing to do their part. And there is no payments; protects younger consumers ics, gambling on risky investment willingness to help out those who have from alluring and usurious credit card mechanisms. And now those same stepped up. offers; and requires promotional rates banks who are asking my constituents There is no gratitude, no remorse, no to last at least 6 months. for a bailout with one hand are raising promise to sin no more, no ‘‘let’s make I also am gratified that we now have interest rates for no reason, and charg- amends.’’ Instead, they pay themselves a President who is taking consumers’ ing exorbitant fees with the other lavish salaries, bonuses and perks, like needs to heart and who has supported hand. lavish spa retreats, and they fight our efforts to move this bill forward. Well, my constituents are mad as tooth and nail against our efforts to These significant credit card reforms hell and so am I. I want them to know help the very people who are now pay- will protect consumers from excessive that I am on their side. I am fighting ing their salaries. penalties, ever-changing interest rates, to get government back on the side of Wall Street is bankrupt—both on its and complex contracts. So once again, the people who need it. We need to look balance sheets and in its attitude to- I want to thank Chairman DODD and out for the public good, not private wards the American consumer. I am Ranking Member SHELBY for bringing profits. proud to stand with Chairman DODD forward this important, bipartisan leg- The banks on Wall Street have been and Senator SHELBY as we put govern- islation. I believe it will go a long way busy in the past 10 years. At the same ment back on the side of the people toward relieving Vermonters who, like time they were inventing new ways to who need it. These reforms have been a Americans everywhere, have had to en- make risky loans and engage in casino long time coming; I am proud to stand dure the dictates of credit card issuers economics, they were also figuring out in support of this bill today and urge

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5572 CONGRESSIONAL RECORD — SENATE May 19, 2009 my colleagues to vote in favor of it as sure our troops and our veterans get over the past several months, as auto- well. the care they deserve on the battlefield makers have struggled to stay afloat. SENATOR LEVIN’S11,000TH VOTE and also when they come home. Off the We have seen him work with Members Mr. REID. Madam President, in just Senate floor, CARL LEVIN led a on both sides to help automakers, and a few minutes, one of our most distin- groundbreaking investigation into the we’ve seen him outside the Capitol guished colleagues has marked another Enron collapse that opened America’s showing solidarity with workers. He is milestone. The senior Senator from eyes to the corporate abuses that hurt committed to his State, and he shows Michigan, CARL LEVIN, is going to so many hard-working Americans. it. shortly cast his 11,000th vote. How fit- More than many Americans, those Senator LEVIN has fought hard for ting that this landmark vote, like so across Michigan face significant strug- environmental causes. In 1990, he au- many before it, will be cast in favor of gles every day. If I lived in Detroit or thored the Great Lakes Critical Pro- protecting American families, hard- Lansing or Grand Rapids, there is no grams Act to create new standards of working American families. one I would rather have looking out for environmental protection for the Great We have all had the honor of serving me and helping me to get through this Lakes. He also helped win passage of with and getting to know CARL LEVIN. difficult time than CARL LEVIN. CARL the Great Lakes Legacy Program to I personally have known him for a long LEVIN has served Michigan in the Sen- clean up contaminated sediments. time. I first met him in 1985. What ate longer than anyone in Michigan’s Outside Michigan, most people prob- stands out more than any other time in history. Few would argue that anyone ably associate Senator LEVIN with his the dealings I have had with Senator has done it with more passion and prin- distinguished tenure on the Senate LEVIN—and there have been lots of ciple and precision than CARL LEVIN— Armed Services Committee, where he them—is the first time I met with him, as he approaches every issue. has earned a reputation as a strong in his office in the Russell Building. I I know Senator LEVIN’s wife Barbara. supporter of our Nation’s service men was over there to talk about my run- She is a wonderful partner of Carl and women. It was because of Senator ning for the Senate. I had the good for- Levin. Also, for those Democrats, we LEVIN’s work on this committee that tune of working for a number of years know she can also sing. he received the Navy’s highest award with his brother, Sandy, in the House. Your wife Barbara is the best. We for a civilian a few years ago for distin- We came together to the House of Rep- compliment you on raising such won- guished service to the Navy and Marine resentatives. derful children—Kate, Laura, and Corps. At the beginning of the conversation, Erica. They, your five grandchildren, (Applause.) I said: CARL, I served with your broth- and, of course, your best friend, Con- The PRESIDING OFFICER. The jun- er, Sandy. We came together. He is a gressman SANDER LEVIN, join me in ior Senator form Michigan is recog- wonderful man. congratulating you on this latest ac- nized. CARL LEVIN, sitting at his desk, complishment. Ms. STABENOW. Madam President, I looked up at me and said: Yes, he is my The PRESIDING OFFICER. The Re- also have to rise and thank my friend brother, but he is also my best friend. publican leader is recognized. and partner and senior Senator from That is CARL LEVIN. Mr. MCCONNELL. Madam President, Michigan on behalf of everyone in Before Senator LEVIN became one of I join my friend, the majority leader, Michigan. We could not be more proud our most brilliant legislators in the in recognizing our friend for his distin- of his work every day: keeping us safe, history of this country, he was a bril- guished achievement. I would say to supporting the troops, fighting for vet- liant lawyer and a law professor. Sen- my friend from Michigan, only 20 Sen- erans, the work he has done on the ator LEVIN graduated from Detroit’s ators in history have cast more votes credit card bill that is in front of us. public schools, Swarthmore College, now than CARL LEVIN. But probably The fact that he has been the champion and Harvard Law School before em- even fewer have been as unassuming as for the auto industry and autoworkers barking on a remarkable career. the senior Senator from Michigan. and workers across America as well as He has held many titles over the Over the years, he has impressed all our State is something of which we are many years he has done public service, his colleagues by his dogged commit- very proud. but each shares a common theme— ment to the people of Michigan, and in There is no one better. With a won- serving his community and his coun- particular, to the manufacturers and derful family—Barbara and the girls try. He has been Michigan’s assistant laborers in his home State. For many and the grandkids. I am very proud to attorney general, the first general of us, he has become the face of Michi- have the honor of partnering with Sen- counsel for the Michigan Civil Rights gan. ator CARL LEVIN. Commission, a founder and leader in A product of the Detroit public Congratulations. the Detroit Public Defender’s Office, school system, Senator LEVIN grad- The PRESIDING OFFICER. The Sen- and president of the Detroit City Coun- uated from Central High School in De- ator from Michigan is recognized. cil. troit, Swarthmore College, and Har- Mr. LEVIN. Madam President, first His attention to detail is second to vard Law School, before returning to let me thank my dear friend, the ma- none, and we all know that. As I say, Detroit to practice law. jority leader, for his extraordinarily he is my Harvard nitpicker. He is such He held a number of public offices in generous, warmhearted comments, and a great lawyer, has such a great legal Detroit before becoming president of including my family. As he indicated, mind. I can remember times when I the Detroit City Council. In 1978, he it is so important to me. have not been able to be here on the was elected to the U.S. Senate in an I also thank Senator MCCONNELL. floor—Senator Daschle was the same upset victory over the incumbent Re- Thank you so much for your gracious way—and we had to call Senator LEVIN publican. comments, Senator MCCONNELL, and to to make sure there was nothing we Four years later, Senator LEVIN was my dear colleague from Michigan, Sen- missed because anytime he puts his joined in Congress by his brother and ator STABENOW. stamp of approval on something, it has his best friend, SANDER. Apparently, The only thing more important to me been reviewed and reviewed in his great people still sometimes confuse the two than the 11,000 votes—which seem to be mind. His leadership is just as strong. of them . . . so it is probably a good just like 30 years ago when it began— He has been the top Democrat on the thing they get along so well. is the friendships that have formed Senate Armed Services Committee The people of Michigan have been here, the hundreds of friendships that since 1997. He has ably led that panel in happy with Senator LEVIN’s work here far surpassed the 11,000 votes. I thank both times of war and peace. in the Senate: they have sent him back all of my colleagues for their friend- There are, of course, many important five times, including this past Novem- ship. votes among those 11,000, but the one ber. His hometown paper calls him a I can’t think of a better vote to cast most recently in my mind is he voted principled leader and personally above for this 11,000th vote than a vote on the aye for the Wounded Warrior Act, reproach. bill shepherded through by my friend which he shepherded through the Sen- We have seen Senator LEVIN’s com- CHRIS DODD. To me, this vote has tre- ate in the face of veto threats, to make mitment to his State in a vivid way mendous meaning—not only for the

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5573 work that has gone into it in our sub- Udall (CO) Voinovich Whitehouse Sec. 507. Small business information security Udall (NM) Warner Wicker task force. committee over the years, but to be Vitter Webb Wyden connected with a Dodd-Shelby vote, Sec. 508. Study and report on emergency pin NAYS—5 and Senator DODD’s incredible effort to technology. get this passed, makes this a special Alexander Johnson Thune Sec. 509. Study and report on the marketing of Bennett Kyl products with credit offers. treat. Sec. 510. Financial and economic literacy. Thank you all very much. NOT VOTING—4 Sec. 511. Federal trade commission rulemaking (Applause, Senators rising.) Byrd Kennedy Ensign Rockefeller on mortgage lending. The PRESIDING OFFICER. Under Sec. 512. Protecting Americans from violent the previous order, the substitute The bill (H.R. 627), as amended, was crime. amendment, as amended, is agreed to. passed, as follows: Sec. 513. GAO study and report on fluency in The question is on the engrossment H.R. 627 the English language and finan- of the amendment and third reading of Resolved, That the bill from the House of cial literacy. the bill. Representatives (H.R. 627) entitled ‘‘An Act SEC. 2. REGULATORY AUTHORITY. The amendment was ordered to be to amend the Truth in Lending Act to estab- The Board of Governors of the Federal Re- engrossed and the bill to be read a lish fair and transparent practices relating serve System (in this Act referred to as the third time. to the extension of credit under an open end ‘‘Board’’) may issue such rules and publish such The bill was read the third time. consumer credit plan, and for other pur- model forms as it considers necessary to carry poses.’’, do pass with the following amend- Mr. DODD. Madam President, I will out this Act and the amendments made by this ment: Act. reserve my remarks until after the Strike all after the enacting clause and in- vote. I know my colleagues want to sert the following: SEC. 3. EFFECTIVE DATE. vote. I thank my colleagues—Senator SECTION 1. SHORT TITLE; TABLE OF CONTENTS. This Act and the amendments made by this Act shall become effective 9 months after the SHELBY, the leadership—for bringing us (a) SHORT TITLE.—This Act may be cited as to this moment. This is a very impor- the ‘‘Credit Card Accountability Responsibility date of enactment of this Act, except as other- wise specifically provided in this Act. tant bill. We would not have gotten and Disclosure Act of 2009’’ or the ‘‘Credit here without a tremendous amount of CARD Act of 2009’’. TITLE I—CONSUMER PROTECTION (b) TABLE OF CONTENTS.— cooperation. This is a good moment for SEC. 101. PROTECTION OF CREDIT CARD- The table of contents for this Act is as follows: all the people in our country and a HOLDERS. Sec. 1. Short title; table of contents. good moment for consumers. (a) ADVANCE NOTICE OF RATE INCREASE AND Sec. 2. Regulatory authority. OTHER CHANGES REQUIRED.— I ask for the yeas and nays. Sec. 3. Effective date. The PRESIDING OFFICER. Is there a (1) AMENDMENT TO TILA.—Section 127 of the TITLE I—CONSUMER PROTECTION Truth in Lending Act (15 U.S.C. 1637) is amend- sufficient second? There is a sufficient Sec. 101. Protection of credit cardholders. ed by adding at the end the following: second. Sec. 102. Limits on fees and interest charges. ‘‘(i) ADVANCE NOTICE OF RATE INCREASE AND The question is, Shall the bill pass? Sec. 103. Use of terms clarified. OTHER CHANGES REQUIRED.— The clerk will call the roll. Sec. 104. Application of card payments. ‘‘(1) ADVANCE NOTICE OF INCREASE IN INTEREST The legislative clerk called the roll. Sec. 105. Standards applicable to initial RATE REQUIRED.—In the case of any credit card Mr. DURBIN. I announce that the issuance of subprime or ‘‘fee har- account under an open end consumer credit Senator from West Virginia (Mr. vester’’ cards. plan, a creditor shall provide a written notice of Sec. 106. Rules regarding periodic statements. BYRD), the Senator from Massachusetts an increase in an annual percentage rate (ex- Sec. 107. Enhanced penalties. cept in the case of an increase described in (Mr. KENNEDY), and the Senator from Sec. 108. Clerical amendments. paragraph (1), (2), or (3) of section 171(b)) not West Virginia (Mr. ROCKEFELLER) are Sec. 109. Consideration of Ability to repay. later than 45 days prior to the effective date of necessarily absent. TITLE II—ENHANCED CONSUMER the increase. I further announce that, if present DISCLOSURES ‘‘(2) ADVANCE NOTICE OF OTHER SIGNIFICANT and voting, the Senator from West Vir- Sec. 201. Payoff timing disclosures. CHANGES REQUIRED.—In the case of any credit ginia (Mr. ROCKEFELLER) would vote Sec. 202. Requirements relating to late payment card account under an open end consumer cred- ‘‘yea.’’ deadlines and penalties. it plan, a creditor shall provide a written notice Mr. KYL. The following Senator is Sec. 203. Renewal disclosures. of any significant change, as determined by rule Sec. 204. Internet posting of credit card agree- necessarily absent: the Senator from of the Board, in the terms (including an in- ments. crease in any fee or finance charge, other than Nevada (Mr. ENSIGN). Sec. 205. Prevention of deceptive marketing of as provided in paragraph (1)) of the cardholder The PRESIDING OFFICER (Mr. credit reports. agreement between the creditor and the obligor, REED). Are there any other Senators in TITLE III—PROTECTION OF YOUNG not later than 45 days prior to the effective date the Chamber desiring to vote? CONSUMERS of the change. The result was announced—yeas 90, Sec. 301. Extensions of credit to underage con- ‘‘(3) NOTICE OF RIGHT TO CANCEL.—Each no- nays 5, as follows: sumers. tice required by paragraph (1) or (2) shall be [Rollcall Vote No. 194 Leg.] Sec. 302. Protection of young consumers from made in a clear and conspicuous manner, and prescreened credit offers. shall contain a brief statement of the right of YEAS—90 Sec. 303. Issuance of credit cards to certain col- the obligor to cancel the account pursuant to Akaka Dodd Lincoln lege students. rules established by the Board before the effec- Barrasso Dorgan Lugar Sec. 304. Privacy Protections for college stu- tive date of the subject rate increase or other Baucus Durbin Martinez dents. Bayh Enzi McCain change. Begich Feingold McCaskill Sec. 305. College Credit Card Agreements. ‘‘(4) RULE OF CONSTRUCTION.—Closure or can- Bennet Feinstein McConnell TITLE IV—GIFT CARDS cellation of an account by the obligor shall not Bingaman Gillibrand Menendez Sec. 401. General-use prepaid cards, gift certifi- constitute a default under an existing card- Bond Graham Merkley cates, and store gift cards. holder agreement, and shall not trigger an obli- Boxer Grassley Mikulski gation to immediately repay the obligation in Brown Gregg Murkowski Sec. 402. Relation to State laws. Brownback Hagan Murray Sec. 403. Effective date. full or through a method that is less beneficial Bunning Harkin Nelson (NE) TITLE V—MISCELLANEOUS PROVISIONS to the obligor than one of the methods described in section 171(c)(2), or the imposition of any Burr Hatch Nelson (FL) Sec. 501. Study and report on interchange fees. Burris Hutchison Pryor other penalty or fee.’’. Cantwell Inhofe Reed Sec. 502. Board review of consumer credit plans and regulations. (2) EFFECTIVE DATE.—Notwithstanding section Cardin Inouye Reid 3, section 127(i) of the Truth in Lending Act, as Carper Isakson Risch Sec. 503. Stored value. Casey Johanns Roberts Sec. 504 Procedure for timely settlement of es- added by this subsection, shall become effective Chambliss Kaufman Sanders tates of decedent obligors. 90 days after the date of enactment of this Act. Coburn Kerry Schumer Sec. 505. Report to Congress on reductions of (b) RETROACTIVE INCREASE AND UNIVERSAL Cochran Klobuchar Sessions consumer credit card limits based DEFAULT PROHIBITED.—Chapter 4 of the Truth Collins Kohl Shaheen on certain information as to expe- in Lending Act (15 U.S.C. 1666 et seq.) is amend- Conrad Landrieu Shelby ed— Corker Lautenberg Snowe rience or transactions of the con- Cornyn Leahy Specter sumer. (1) by redesignating section 171 as section 173; Crapo Levin Stabenow Sec. 506. Board review of small business credit and DeMint Lieberman Tester plans and recommendations. (2) by inserting after section 170 the following:

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‘‘SEC. 171. LIMITS ON INTEREST RATE, FEE, AND card account under an open end consumer cred- ‘‘(j) PROHIBITION ON PENALTIES FOR ON-TIME FINANCE CHARGE INCREASES APPLI- it plan as of the end of the 14th day after the PAYMENTS.— CABLE TO OUTSTANDING BALANCES. date on which the creditor provides notice of an ‘‘(1) PROHIBITION ON DOUBLE-CYCLE BILLING ‘‘(a) IN GENERAL.—In the case of any credit increase in the annual percentage rate, fee, or AND PENALTIES FOR ON-TIME PAYMENTS.—Except card account under an open end consumer cred- finance charge in accordance with section as provided in paragraph (2), a creditor may not it plan, no creditor may increase any annual 127(i).’’. impose any finance charge on a credit card ac- percentage rate, fee, or finance charge applica- (c) INTEREST RATE REDUCTION ON OPEN END count under an open end consumer credit plan ble to any outstanding balance, except as per- CONSUMER CREDIT PLANS.—Chapter 3 of the as a result of the loss of any time period pro- mitted under subsection (b). Truth in Lending Act (15 U.S.C. 1661 et seq.) is vided by the creditor within which the obligor ‘‘(b) EXCEPTIONS.—The prohibition under sub- amended by adding at the end the following: may repay any portion of the credit extended section (a) shall not apply to— ‘‘SEC. 148. INTEREST RATE REDUCTION ON OPEN without incurring a finance charge, with re- ‘‘(1) an increase in an annual percentage rate END CONSUMER CREDIT PLANS. spect to— upon the expiration of a specified period of time, ‘‘(a) IN GENERAL.—If a creditor increases the ‘‘(A) any balances for days in billing cycles provided that— annual percentage rate applicable to a credit that precede the most recent billing cycle; or ‘‘(A) prior to commencement of that period, card account under an open end consumer cred- ‘‘(B) any balances or portions thereof in the the creditor disclosed to the consumer, in a clear it plan, based on factors including the credit current billing cycle that were repaid within and conspicuous manner, the length of the pe- risk of the obligor, market conditions, or other such time period. riod and the annual percentage rate that would factors, the creditor shall consider changes in ‘‘(2) EXCEPTIONS.—Paragraph (1) does not apply after expiration of the period; such factors in subsequently determining wheth- apply to— ‘‘(B) the increased annual percentage rate er to reduce the annual percentage rate for such ‘‘(A) any adjustment to a finance charge as a does not exceed the rate disclosed pursuant to obligor. result of the resolution of a dispute; or subparagraph (A); and ‘‘(b) REQUIREMENTS.—With respect to any ‘‘(B) any adjustment to a finance charge as a ‘‘(C) the increased annual percentage rate is credit card account under an open end con- result of the return of a payment for insufficient not applied to transactions that occurred prior sumer credit plan, the creditor shall— funds. to commencement of the period; ‘‘(1) maintain reasonable methodologies for ‘‘(k) OPT-IN REQUIRED FOR OVER-THE-LIMIT ‘‘(2) an increase in a variable annual percent- assessing the factors described in subsection (a); TRANSACTIONS IF FEES ARE IMPOSED.— age rate in accordance with a credit card agree- ‘‘(2) not less frequently than once every 6 ‘‘(1) IN GENERAL.—In the case of any credit ment that provides for changes in the rate ac- months, review accounts as to which the annual card account under an open end consumer cred- cording to operation of an index that is not percentage rate has been increased since Janu- it plan under which an over-the-limit fee may be under the control of the creditor and is avail- ary 1, 2009, to assess whether such factors have imposed by the creditor for any extension of able to the general public; changed (including whether any risk has de- credit in excess of the amount of credit author- ‘‘(3) an increase due to the completion of a clined); ized to be extended under such account, no such ‘‘(3) reduce the annual percentage rate pre- workout or temporary hardship arrangement by fee shall be charged, unless the consumer has viously increased when a reduction is indicated the obligor or the failure of the obligor to com- expressly elected to permit the creditor, with re- by the review; and ply with the terms of a workout or temporary ‘‘(4) in the event of an increase in the annual spect to such account, to complete transactions hardship arrangement, provided that— percentage rate, provide in the written notice re- involving the extension of credit under such ac- ‘‘(A) the annual percentage rate, fee, or fi- quired under section 127(i) a statement of the count in excess of the amount of credit author- nance charge applicable to a category of trans- reasons for the increase. ized. actions following any such increase does not ex- ‘‘(c) RULE OF CONSTRUCTION.—This section ‘‘(2) DISCLOSURE BY CREDITOR.—No election ceed the rate, fee, or finance charge that applied shall not be construed to require a reduction in by a consumer under paragraph (1) shall take to that category of transactions prior to com- any specific amount. effect unless the consumer, before making such mencement of the arrangement; and ‘‘(d) RULEMAKING.—The Board shall issue election, received a notice from the creditor of ‘‘(B) the creditor has provided the obligor, final rules not later than 9 months after the any over-the-limit fee in the form and manner, prior to the commencement of such arrange- date of enactment of this section to implement and at the time, determined by the Board. If the ment, with clear and conspicuous disclosure of the requirements of and evaluate compliance consumer makes the election referred to in para- the terms of the arrangement (including any in- with this section, and subsections (a), (b), and graph (1), the creditor shall provide notice to creases due to such completion or failure); or (c) shall become effective 15 months after that the consumer of the right to revoke the election, ‘‘(4) an increase due solely to the fact that a date of enactment.’’. in the form prescribed by the Board, in any minimum payment by the obligor has not been (d) INTRODUCTORY AND PROMOTIONAL periodic statement that includes notice of the received by the creditor within 60 days after the RATES.—Chapter 4 of the Truth in Lending Act imposition of an over-the-limit fee during the due date for such payment, provided that the (15 U.S.C. 1666 et seq.) is amended by inserting period covered by the statement. creditor shall— after section 171, as amended by this Act, the ‘‘(3) FORM OF ELECTION.—A consumer may ‘‘(A) include, together with the notice of such following: make or revoke the election referred to in para- increase required under section 127(i), a clear ‘‘SEC. 172. ADDITIONAL LIMITS ON INTEREST graph (1) orally, electronically, or in writing, and conspicuous written statement of the reason RATE INCREASES. pursuant to regulations prescribed by the for the increase and that the increase will termi- ‘‘(a) LIMITATION ON INCREASES WITHIN FIRST Board. The Board shall prescribe regulations to nate not later than 6 months after the date on YEAR.—Except in the case of an increase de- ensure that the same options are available for which it is imposed, if the creditor receives the scribed in paragraph (1), (2), (3), or (4) of sec- both making and revoking such election. required minimum payments on time from the tion 171(b), no increase in any annual percent- ‘‘(4) TIME OF ELECTION.—A consumer may obligor during that period; and age rate, fee, or finance charge on any credit make the election referred to in paragraph (1) at ‘‘(B) terminate such increase not later than 6 card account under an open end consumer cred- any time, and such election shall be effective months after the date on which it is imposed, if it plan shall be effective before the end of the 1- until the election is revoked in the manner pre- the creditor receives the required minimum pay- year period beginning on the date on which the scribed under paragraph (3). ments on time during that period. account is opened. ‘‘(5) REGULATIONS.—The Board shall prescribe ‘‘(c) REPAYMENT OF OUTSTANDING BALANCE.— ‘‘(b) PROMOTIONAL RATE MINIMUM TERM.—No regulations— ‘‘(1) IN GENERAL.—The creditor shall not increase in any annual percentage rate applica- ‘‘(A) governing disclosures under this sub- change the terms governing the repayment of ble to a credit card account under an open end section; and any outstanding balance, except that the cred- consumer credit plan that is a promotional rate ‘‘(B) that prevent unfair or deceptive acts or itor may provide the obligor with one of the (as that term is defined by the Board) shall be practices in connection with the manipulation methods described in paragraph (2) of repaying effective before the end of the 6-month period of credit limits designed to increase over-the- any outstanding balance, or a method that is no beginning on the date on which the promotional limit fees or other penalty fees. less beneficial to the obligor than one of those rate takes effect, subject to such reasonable ex- ‘‘(6) RULE OF CONSTRUCTION.—Nothing in this methods. ceptions as the Board may establish, by rule.’’. subsection shall be construed to prohibit a cred- ‘‘(2) METHODS.—The methods described in this (e) CLERICAL AMENDMENT.—The table of sec- itor from completing an over-the-limit trans- paragraph are— tions for chapter 4 of the Truth in Lending Act action, provided that a consumer who has not ‘‘(A) an amortization period of not less than 5 is amended by striking the item relating to sec- made a valid election under paragraph (1) is not years, beginning on the effective date of the in- tion 171 and inserting the following: charged an over-the-limit fee for such trans- crease set forth in the notice required under sec- ‘‘171. Limits on interest rate, fee, and finance action. tion 127(i); or charge increases applicable to ‘‘(7) RESTRICTION ON FEES CHARGED FOR AN ‘‘(B) a required minimum periodic payment outstanding balances. OVER-THE-LIMIT TRANSACTION.—With respect to that includes a percentage of the outstanding ‘‘172. Additional limits on interest rate in- a credit card account under an open end con- balance that is equal to not more than twice the creases. sumer credit plan, an over-the-limit fee may be percentage required before the effective date of ‘‘173. Applicability of State laws.’’. imposed only once during a billing cycle if the the increase set forth in the notice required SEC. 102. LIMITS ON FEES AND INTEREST credit limit on the account is exceeded, and an under section 127(i). CHARGES. over-the-limit fee, with respect to such excess ‘‘(d) OUTSTANDING BALANCE DEFINED.—For (a) IN GENERAL.—Section 127 of the Truth in credit, may be imposed only once in each of the purposes of this section, the term ‘outstanding Lending Act (15 U.S.C. 1637) is amended by add- 2 subsequent billing cycles, unless the consumer balance’ means the amount owed on a credit ing at the end the following: has obtained an additional extension of credit

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5575 in excess of such credit limit during any such under an open end consumer credit plan, the sumer credit plan shall be the same day each subsequent cycle or the consumer reduces the term ‘fixed’, when appearing in conjunction month. outstanding balance below the credit limit as of with a reference to the annual percentage rate ‘‘(2) WEEKEND OR HOLIDAY DUE DATES.—If the the end of such billing cycle. or interest rate applicable with respect to such payment due date for a credit card account ‘‘(l) LIMIT ON FEES RELATED TO METHOD OF account, may only be used to refer to an annual under an open end consumer credit plan is a PAYMENT.—With respect to a credit card ac- percentage rate or interest rate that will not day on which the creditor does not receive or count under an open end consumer credit plan, change or vary for any reason over the period accept payments by mail (including weekends the creditor may not impose a separate fee to specified clearly and conspicuously in the terms and holidays), the creditor may not treat a pay- allow the obligor to repay an extension of credit of the account.’’. ment received on the next business day as late or finance charge, whether such repayment is SEC. 104. APPLICATION OF CARD PAYMENTS. for any purpose.’’. made by mail, electronic transfer, telephone au- Section 164 of the Truth in Lending Act (15 (b) LENGTH OF BILLING PERIOD.— thorization, or other means, unless such pay- U.S.C. 1666c) is amended— (1) IN GENERAL.—Section 163 of the Truth in ment involves an expedited service by a service (1) by striking the section heading and all Lending Act (15 U.S.C. 1666b) is amended to representative of the creditor.’’. that follows through ‘‘Payments’’ and inserting read as follows: (b) REASONABLE PENALTY FEES.— the following: ‘‘SEC. 163. TIMING OF PAYMENTS. (1) IN GENERAL.—Chapter 3 of the Truth in ‘‘§ 164. Prompt and fair crediting of payments ‘‘(a) TIME TO MAKE PAYMENTS.—A creditor Lending Act (15 U.S.C. 1661 et seq.), as amended may not treat a payment on an open end con- by this Act, is amended by adding at the end the ‘‘(a) IN GENERAL.—Payments’’; (2) by inserting ‘‘, by 5:00 p.m. on the date on sumer credit plan as late for any purpose, unless following: the creditor has adopted reasonable procedures ‘‘SEC. 149. REASONABLE PENALTY FEES ON OPEN which such payment is due,’’ after ‘‘in readily identifiable form’’; designed to ensure that each periodic statement END CONSUMER CREDIT PLANS. including the information required by section ‘‘(a) IN GENERAL.—The amount of any pen- (3) by striking ‘‘manner, location, and time’’ and inserting ‘‘manner, and location’’; and 127(b) is mailed or delivered to the consumer not alty fee or charge that a card issuer may impose later than 21 days before the payment due date. with respect to a credit card account under an (4) by adding at the end the following: ‘‘(b) APPLICATION OF PAYMENTS.— ‘‘(b) GRACE PERIOD.—If an open end con- open end consumer credit plan in connection sumer credit plan provides a time period within with any omission with respect to, or violation ‘‘(1) IN GENERAL.—Upon receipt of a payment from a cardholder, the card issuer shall apply which an obligor may repay any portion of the of, the cardholder agreement, including any late credit extended without incurring an additional payment fee, over-the-limit fee, or any other amounts in excess of the minimum payment amount first to the card balance bearing the finance charge, such additional finance charge penalty fee or charge, shall be reasonable and may not be imposed with respect to such portion proportional to such omission or violation. highest rate of interest, and then to each succes- sive balance bearing the next highest rate of in- of the credit extended for the billing cycle of ‘‘(b) RULEMAKING REQUIRED.—The Board, in which such period is a part, unless a statement consultation with the Comptroller of the Cur- terest, until the payment is exhausted. ‘‘(2) CLARIFICATION RELATING TO CERTAIN DE- which includes the amount upon which the fi- rency, the Board of Directors of the Federal De- nance charge for the period is based was mailed posit Insurance Corporation, the Director of the FERRED INTEREST ARRANGEMENTS.—A creditor shall allocate the entire amount paid by the or delivered to the consumer not later than 21 Office of Thrift Supervision, and the National days before the date specified in the statement Credit Union Administration Board, shall issue consumer in excess of the minimum payment amount to a balance on which interest is de- by which payment must be made in order to final rules not later than 9 months after the avoid imposition of that finance charge.’’. date of enactment of this section, to establish ferred during the last 2 billing cycles imme- diately preceding the expiration of the period (2) EFFECTIVE DATE.—Notwithstanding section standards for assessing whether the amount of 3, section 163 of the Truth in Lending Act, as any penalty fee or charge described under sub- during which interest is deferred. ‘‘(c) CHANGES BY CARD ISSUER.—If a card amended by this subsection, shall become effec- section (a) is reasonable and proportional to the tive 90 days after the date of enactment of this omission or violation to which the fee or charge issuer makes a material change in the mailing address, office, or procedures for handling card- Act. relates. Subsection (a) shall become effective 15 (c) CLERICAL AMENDMENTS.—The table of sec- months after the date of enactment of this sec- holder payments, and such change causes a ma- terial delay in the crediting of a cardholder pay- tions for chapter 4 of the Truth in Lending Act tion. is amended— ‘‘(c) CONSIDERATIONS.—In issuing rules re- ment made during the 60-day period following the date on which such change took effect, the (1) by striking the item relating to section 163 quired by this section, the Board shall con- and inserting the following: sider— card issuer may not impose any late fee or fi- ‘‘(1) the cost incurred by the creditor from nance charge for a late payment on the credit ‘‘163. Timing of payments.’’; and such omission or violation; card account to which such payment was cred- (2) by striking the item relating to section 171 ‘‘(2) the deterrence of such omission or viola- ited.’’. and inserting the following: tion by the cardholder; SEC. 105. STANDARDS APPLICABLE TO INITIAL ‘‘171. Universal defaults prohibited. ‘‘(3) the conduct of the cardholder; and ISSUANCE OF SUBPRIME OR ‘‘FEE ‘‘172. Unilateral changes in credit card agree- ‘‘(4) such other factors as the Board may deem HARVESTER’’ CARDS. ment prohibited. necessary or appropriate. Section 127 of the Truth in Lending Act (15 ‘‘173. Applicability of State laws.’’. ‘‘(d) DIFFERENTIATION PERMITTED.—In U.S.C. 1637), as amended by this Act, is amend- SEC. 107. ENHANCED PENALTIES. issuing rules required by this subsection, the ed by adding at the end the following new sub- Section 130(a)(2)(A) of the Truth in Lending Board may establish different standards for dif- section: Act (15 U.S.C. 1640(a)(2)(A)) is amended by ferent types of fees and charges, as appropriate. ‘‘(n) STANDARDS APPLICABLE TO INITIAL striking ‘‘or (iii) in the’’ and inserting the fol- ‘‘(e) SAFE HARBOR RULE AUTHORIZED.—The ISSUANCE OF SUBPRIME OR ‘FEE HARVESTER’ lowing: ‘‘(iii) in the case of an individual action Board, in consultation with the Comptroller of CARDS.— relating to an open end consumer credit plan the Currency, the Board of Directors of the Fed- ‘‘(1) IN GENERAL.—If the terms of a credit card eral Deposit Insurance Corporation, the Direc- account under an open end consumer credit that is not secured by real property or a dwell- tor of the Office of Thrift Supervision, and the plan require the payment of any fees (other ing, twice the amount of any finance charge in National Credit Union Administration Board, than any late fee, over-the-limit fee, or fee for a connection with the transaction, with a min- may issue rules to provide an amount for any payment returned for insufficient funds) by the imum of $500 and a maximum of $5,000, or such penalty fee or charge described under subsection consumer in the first year during which the ac- higher amount as may be appropriate in the (a) that is presumed to be reasonable and pro- count is opened in an aggregate amount in ex- case of an established pattern or practice of portional to the omission or violation to which cess of 25 percent of the total amount of credit such failures; or (iv) in the’’. the fee or charge relates.’’. authorized under the account when the account SEC. 108. CLERICAL AMENDMENTS. (2) CLERICAL AMENDMENTS.—Chapter 3 of the is opened, no payment of any fees (other than Section 103(i) of the Truth in Lending Act (15 Truth in Lending Act (15 U.S.C. 1661 et seq.) is any late fee, over-the-limit fee, or fee for a pay- U.S.C. 1602(i)) is amended— amended— ment returned for insufficient funds) may be (1) by striking ‘‘term’’ and all that follows (A) in the chapter heading, by inserting made from the credit made available under the through ‘‘means’’ and inserting the following: ‘‘AND LIMITS ON CREDIT CARD FEES’’ after terms of the account. ‘‘terms ‘open end credit plan’ and ‘open end ‘‘ADVERTISING’’; and ‘‘(2) RULE OF CONSTRUCTION.—No provision of consumer credit plan’ mean’’; and (B) in the table of sections for the chapter, by this subsection may be construed as authorizing (2) in the second sentence, by inserting ‘‘or adding at the end the following: any imposition or payment of advance fees oth- open end consumer credit plan’’ after ‘‘credit ‘‘148. Interest rate reduction on open end con- erwise prohibited by any provision of law.’’. plan’’ each place that term appears. sumer credit plans. SEC. 106. RULES REGARDING PERIODIC STATE- SEC. 109. CONSIDERATION OF ABILITY TO REPAY. ‘‘149. Reasonable penalty fees on open end con- MENTS. (a) IN GENERAL.—Chapter 3 of the Truth in sumer credit plans.’’. (a) IN GENERAL.—Section 127 of the Truth in Lending Act (15 U.S.C. 1666 et seq.), as amended SEC. 103. USE OF TERMS CLARIFIED. Lending Act (15 U.S.C. 1637) is amended by add- by this title, is amended by adding at the end Section 127 of the Truth in Lending Act (15 ing at the end the following: the following: U.S.C. 1637) is amended by adding at the end ‘‘(o) DUE DATES FOR CREDIT CARD AC- ‘‘SEC. 150. CONSIDERATION OF ABILITY TO the following: COUNTS.— REPAY. ‘‘(m) USE OF TERM ‘FIXED RATE’.—With re- ‘‘(1) IN GENERAL.—The payment due date for ‘‘A card issuer may not open any credit card spect to the terms of any credit card account a credit card account under an open end con- account for any consumer under an open end

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5576 CONGRESSIONAL RECORD — SENATE May 19, 2009 consumer credit plan, or increase any credit ‘‘(ii) the items required to be included in the ered to be the date on which the payment is limit applicable to such account, unless the card table shall be listed in the order in which such made for purposes of determining whether a late issuer considers the ability of the consumer to items are set forth in subparagraph (B). fee or charge may be imposed due to the failure make the required payments under the terms of ‘‘(G) In prescribing the form of the table of the obligor to make payment on or before the such account.’’. under subparagraph (D), the Board shall em- due date for such payment.’’. (b) CLERICAL AMENDMENT.—Chapter 3 of the ploy terminology which is different than the ter- SEC. 203. RENEWAL DISCLOSURES. Truth in Lending Act (15 U.S.C. 1661 et seq.) is minology which is employed in subparagraph Section 127(d) of the Truth in Lending Act (15 amended in the table of sections for the chapter, (B), if such terminology is more easily under- U.S.C. 1637(d)) is amended— by adding at the end the following: stood and conveys substantially the same mean- (1) by striking paragraph (2); ing.’’. ‘‘150. Consideration of ability to repay.’’. (2) by redesignating paragraph (3) as para- (b) CIVIL LIABILITY.—Section 130(a) of the TITLE II—ENHANCED CONSUMER Truth in Lending Act (15 U.S.C. 1640(a)) is graph (2); and DISCLOSURES amended, in the undesignated paragraph fol- (3) in paragraph (1), by striking ‘‘Except as SEC. 201. PAYOFF TIMING DISCLOSURES. lowing paragraph (4), by striking the second provided in paragraph (2), a card issuer’’ and (a) IN GENERAL.—Section 127(b)(11) of the sentence and inserting the following: ‘‘In con- inserting the following: ‘‘A card issuer that has Truth in Lending Act (15 U.S.C. 1637(b)(11)) is nection with the disclosures referred to in sub- changed or amended any term of the account amended to read as follows: sections (a) and (b) of section 127, a creditor since the last renewal that has not been pre- ‘‘(11)(A) A written statement in the following shall have a liability determined under para- viously disclosed or’’. form: ‘Minimum Payment Warning: Making graph (2) only for failing to comply with the re- SEC. 204. INTERNET POSTING OF CREDIT CARD only the minimum payment will increase the quirements of section 125, 127(a), or any of para- AGREEMENTS. amount of interest you pay and the time it takes graphs (4) through (13) of section 127(b), or for (a) IN GENERAL.—Section 122 of the Truth and to repay your balance.’, or such similar state- failing to comply with disclosure requirements Lending Act (15 U.S.C. 1632) is amended by add- ment as is established by the Board pursuant to under State law for any term or item that the ing at the end the following new subsection: consumer testing. Board has determined to be substantially the ‘‘(d) ADDITIONAL ELECTRONIC DISCLOSURES.— ‘‘(B) Repayment information that would same in meaning under section 111(a)(2) as any ‘‘(1) POSTING AGREEMENTS.—Each creditor apply to the outstanding balance of the con- of the terms or items referred to in section shall establish and maintain an Internet site on sumer under the credit plan, including— 127(a), or any of paragraphs (4) through (13) of which the creditor shall post the written agree- ‘‘(i) the number of months (rounded to the section 127(b).’’. ment between the creditor and the consumer for nearest month) that it would take to pay the en- (c) GUIDELINES REQUIRED.— each credit card account under an open-end tire amount of that balance, if the consumer (1) IN GENERAL.—Not later than 6 months consumer credit plan. pays only the required minimum monthly pay- after the date of enactment of this Act, the ‘‘(2) CREDITOR TO PROVIDE CONTRACTS TO THE ments and if no further advances are made; Board shall issue guidelines, by rule, in con- BOARD.—Each creditor shall provide to the ‘‘(ii) the total cost to the consumer, including sultation with the Secretary of the Treasury, for Board, in electronic format, the consumer credit interest and principal payments, of paying that the establishment and maintenance by creditors card agreements that it publishes on its Internet balance in full, if the consumer pays only the of a toll-free telephone number for purposes of site. required minimum monthly payments and if no providing information about accessing credit ‘‘(3) RECORD REPOSITORY.—The Board shall further advances are made; counseling and debt management services, as re- establish and maintain on its publicly available ‘‘(iii) the monthly payment amount that quired under section 127(b)(11)(B)(iv) of the Internet site a central repository of the con- would be required for the consumer to eliminate Truth in Lending Act, as added by this section. sumer credit card agreements received from the outstanding balance in 36 months, if no fur- (2) APPROVED AGENCIES.—Guidelines issued creditors pursuant to this subsection, and such ther advances are made, and the total cost to under this subsection shall ensure that referrals agreements shall be easily accessible and retriev- the consumer, including interest and principal provided by the toll-free number referred to in able by the public. payments, of paying that balance in full if the paragraph (1) include only those nonprofit ‘‘(4) EXCEPTION.—This subsection shall not consumer pays the balance over 36 months; and budget and credit counseling agencies approved apply to individually negotiated changes to con- ‘‘(iv) a toll-free telephone number at which by a United States bankruptcy trustee pursuant tractual terms, such as individually modified the consumer may receive information about ac- to section 111(a) of title 11, United States Code. workouts or renegotiations of amounts owed by cessing credit counseling and debt management SEC. 202. REQUIREMENTS RELATING TO LATE a consumer under an open end consumer credit services. PAYMENT DEADLINES AND PEN- plan. ‘‘(C)(i) Subject to clause (ii), in making the ALTIES. ‘‘(5) REGULATIONS.—The Board, in consulta- disclosures under subparagraph (B), the creditor Section 127(b)(12) of the Truth in Lending Act tion with the other Federal banking agencies (as shall apply the interest rate or rates in effect on (15 U.S.C. 1637(b)(12)) is amended to read as fol- that term is defined in section 603) and the Fed- the date on which the disclosure is made until lows: eral Trade Commission, may promulgate regula- ‘‘(12) REQUIREMENTS RELATING TO LATE PAY- the date on which the balance would be paid in tions to implement this subsection, including MENT DEADLINES AND PENALTIES.— full. specifying the format for posting the agreements ‘‘(ii) If the interest rate in effect on the date ‘‘(A) LATE PAYMENT DEADLINE REQUIRED TO on the Internet sites of creditors and estab- on which the disclosure is made is a temporary BE DISCLOSED.—In the case of a credit card ac- lishing exceptions to paragraphs (1) and (2), in rate that will change under a contractual provi- count under an open end consumer credit plan any case in which the administrative burden sion applying an index or formula for subse- under which a late fee or charge may be im- outweighs the benefit of increased transparency, quent interest rate adjustment, the creditor shall posed due to the failure of the obligor to make such as where a credit card plan has a de mini- apply the interest rate in effect on the date on payment on or before the due date for such pay- mis number of consumer account holders.’’. which the disclosure is made for as long as that ment, the periodic statement required under sub- interest rate will apply under that contractual section (b) with respect to the account shall in- SEC. 205. PREVENTION OF DECEPTIVE MAR- provision, and then apply an interest rate based clude, in a conspicuous location on the billing KETING OF CREDIT REPORTS. on the index or formula in effect on the applica- statement, the date on which the payment is due (a) PREVENTING DECEPTIVE MARKETING.—Sec- ble billing date. or, if different, the date on which a late pay- tion 612 of the Fair Credit Reporting Act (15 ‘‘(D) All of the information described in sub- ment fee will be charged, together with the U.S.C. 1681j) is amended by adding at the end paragraph (B) shall— amount of the fee or charge to be imposed if the following: ‘‘(i) be disclosed in the form and manner payment is made after that date. ‘‘(g) PREVENTION OF DECEPTIVE MARKETING which the Board shall prescribe, by regulation, ‘‘(B) DISCLOSURE OF INCREASE IN INTEREST OF CREDIT REPORTS.— and in a manner that avoids duplication; and RATES FOR LATE PAYMENTS.—If 1 or more late ‘‘(1) IN GENERAL.—Subject to rulemaking pur- ‘‘(ii) be placed in a conspicuous and promi- payments under an open end consumer credit suant to section 205(b) of the Credit CARD Act nent location on the billing statement. plan may result in an increase in the annual of 2009, any advertisement for a free credit re- ‘‘(E) In the regulations prescribed under sub- percentage rate applicable to the account, the port in any medium shall prominently disclose paragraph (D), the Board shall require that the statement required under subsection (b) with re- in such advertisement that free credit reports disclosure of such information shall be in the spect to the account shall include conspicuous are available under Federal law at: form of a table that— notice of such fact, together with the applicable ‘AnnualCreditReport.com’ (or such other source ‘‘(i) contains clear and concise headings for penalty annual percentage rate, in close prox- as may be authorized under Federal law). each item of such information; and imity to the disclosure required under subpara- ‘‘(2) TELEVISION AND RADIO ADVERTISEMENT.— ‘‘(ii) provides a clear and concise form stating graph (A) of the date on which payment is due In the case of an advertisement broadcast by tel- each item of information required to be disclosed under the terms of the account. evision, the disclosures required under para- under each such heading. ‘‘(C) PAYMENTS AT LOCAL BRANCHES.—If the graph (1) shall be included in the audio and vis- ‘‘(F) In prescribing the form of the table under creditor, in the case of a credit card account re- ual part of such advertisement. In the case of subparagraph (E), the Board shall require ferred to in subparagraph (A), is a financial in- an advertisement broadcast by televison or that— stitution which maintains branches or offices at radio, the disclosure required under paragraph ‘‘(i) all of the information in the table, and which payments on any such account are ac- (1) shall consist only of the following: ‘This is not just a reference to the table, be placed on cepted from the obligor in person, the date on not the free credit report provided for by Federal the billing statement, as required by this para- which the obligor makes a payment on the ac- law’.’’. graph; and count at such branch or office shall be consid- (b) RULEMAKING.—

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(1) IN GENERAL.—Not later than 9 months extended under a credit card account for which or a part-time student attending an institution after the date of enactment of this Act, the Fed- a parent, legal guardian, or spouse of the con- of higher education. eral Trade Commission shall issue a final rule to sumer, or any other individual has assumed ‘‘(D) INSTITUTION OF HIGHER EDUCATION.—The carry out this section. joint liability for debts incurred by the consumer term ‘institution of higher education’ has the (2) CONTENT.—The rule required by this sub- in connection with the account before the con- same meaning as in section 101 and 102 of the section— sumer attains the age of 21, unless that parent, Higher Education Act of 1965 (20 U.S.C. 1001 (A) shall include specific wording to be used guardian, or spouse approves in writing, and and 1002). in advertisements in accordance with this sec- assumes joint liability for, such increase.’’. ‘‘(2) REPORTS BY CREDITORS.— tion; and ‘‘(A) IN GENERAL.—Each creditor shall submit SEC. 304. PRIVACY PROTECTIONS FOR COLLEGE an annual report to the Board containing the (B) for advertisements on the Internet, shall STUDENTS. terms and conditions of all business, marketing, include whether the disclosure required under Section 140 of the Truth in Lending Act (15 and promotional agreements and college affinity section 612(g)(1) of the Fair Credit Reporting U.S.C. 1650) is amended by adding at the end card agreements with an institution of higher Act (as added by this section) shall appear on the following: education, or an alumni organization or foun- the advertisement or the website on which the ‘‘(f) CREDIT CARD PROTECTIONS FOR COLLEGE dation affiliated with or related to such institu- free credit report is made available. STUDENTS.— tion, with respect to any college student credit (3) INTERIM DISCLOSURES.—If an advertise- ‘‘(1) DISCLOSURE REQUIRED.—An institution of card issued to a college student at such institu- ment subject to section 612(g) of the Fair Credit higher education shall publicly disclose any tion. Reporting Act, as added by this section, is made contract or other agreement made with a card public after the 9-month deadline specified in ‘‘(B) DETAILS OF REPORT.—The information issuer or creditor for the purpose of marketing a required to be reported under subparagraph (A) paragraph (1), but before the rule required by credit card. paragraph (1) is finalized, such advertisement includes— ‘‘(2) INDUCEMENTS PROHIBITED.—No card ‘‘(i) any memorandum of understanding be- shall include the disclosure: ‘‘Free credit reports issuer or creditor may offer to a student at an tween or among a creditor, an institution of are available under Federal law at: institution of higher education any tangible higher education, an alumni association, or ‘AnnualCreditReport.com’.’’. item to induce such student to apply for or par- foundation that directly or indirectly relates to TITLE III—PROTECTION OF YOUNG ticipate in an open end consumer credit plan of- any aspect of any agreement referred to in such CONSUMERS fered by such card issuer or creditor, if such subparagraph or controls or directs any obliga- SEC. 301. EXTENSIONS OF CREDIT TO UNDERAGE offer is made— tions or distribution of benefits between or CONSUMERS. ‘‘(A) on the campus of an institution of higher among any such entities; Section 127(c) of the Truth in Lending Act (15 education; ‘‘(ii) the amount of any payments from the U.S.C. 1637(c)) is amended by adding at the end ‘‘(B) near the campus of an institution of creditor to the institution, organization, or the following: higher education, as determined by rule of the foundation during the period covered by the re- ‘‘(8) APPLICATIONS FROM UNDERAGE CON- Board; or port, and the precise terms of any agreement SUMERS.— ‘‘(C) at an event sponsored by or related to an under which such amounts are determined; and ‘‘(A) PROHIBITION ON ISSUANCE.—No credit institution of higher education. ‘‘(iii) the number of credit card accounts cov- card may be issued to, or open end consumer ‘‘(3) SENSE OF THE CONGRESS.—It is the sense ered by any such agreement that were opened credit plan established by or on behalf of, a con- of the Congress that each institution of higher during the period covered by the report, and the sumer who has not attained the age of 21, unless education should consider adopting the fol- total number of credit card accounts covered by the consumer has submitted a written applica- lowing policies relating to credit cards: the agreement that were outstanding at the end tion to the card issuer that meets the require- ‘‘(A) That any card issuer that markets a of such period. ments of subparagraph (B). credit card on the campus of such institution ‘‘(C) AGGREGATION BY INSTITUTION.—The in- ‘‘(B) APPLICATION REQUIREMENTS.—An appli- notify the institution of the location at which formation required to be reported under sub- cation to open a credit card account by a con- such marketing will take place. paragraph (A) shall be aggregated with respect sumer who has not attained the age of 21 as of ‘‘(B) That the number of locations on the to each institution of higher education or alum- the date of submission of the application shall campus of such institution at which the mar- ni organization or foundation affiliated with or require— keting of credit cards takes place be limited. related to such institution. ‘‘(i) the signature of a cosigner, including the ‘‘(C) That credit card and debt education and ‘‘(D) INITIAL REPORT.—The initial report re- parent, legal guardian, spouse, or any other in- counseling sessions be offered as a regular part quired under subparagraph (A) shall be sub- dividual who has attained the age of 21 having of any orientation program for new students of mitted to the Board before the end of the 9- a means to repay debts incurred by the con- such institution.’’. month period beginning on the date of enact- sumer in connection with the account, indi- SEC. 305. COLLEGE CREDIT CARD AGREEMENTS. ment of this subsection. EPORTS BY BOARD cating joint liability for debts incurred by the (a) IN GENERAL.—Section 127 of the Truth in ‘‘(3) R .—The Board shall consumer in connection with the account before Lending Act (15 U.S.C. 1637), as otherwise submit to the Congress, and make available to the consumer has attained the age of 21; or amended by this Act, is amended by adding at the public, an annual report that lists the infor- ‘‘(ii) submission by the consumer of financial the end the following: mation concerning credit card agreements sub- information, including through an application, ‘‘(r) COLLEGE CARD AGREEMENTS.— mitted to the Board under paragraph (2) by indicating an independent means of repaying ‘‘(1) DEFINITIONS.—For purposes of this sub- each institution of higher education, alumni or- any obligation arising from the proposed exten- section, the following definitions shall apply: ganization, or foundation.’’. (b) STUDY AND REPORT BY THE COMPTROLLER sion of credit in connection with the account. ‘‘(A) COLLEGE AFFINITY CARD.—The term ‘col- GENERAL.— ‘‘(C) SAFE HARBOR.—The Board shall promul- lege affinity card’ means a credit card issued by (1) STUDY.—The Comptroller General of the gate regulations providing standards that, if a credit card issuer under an open end consumer United States shall, from time to time, review met, would satisfy the requirements of subpara- credit plan in conjunction with an agreement the reports submitted by creditors under section graph (B)(ii).’’. between the issuer and an institution of higher 127(r) of the Truth in Lending Act, as added by SEC. 302. PROTECTION OF YOUNG CONSUMERS education, or an alumni organization or foun- this section, and the marketing practices of FROM PRESCREENED CREDIT OF- dation affiliated with or related to such institu- creditors to determine the impact that college af- FERS. tion, under which such cards are issued to col- finity card agreements and college student card Section 604(c)(1)(B) of the Fair Credit Report- lege students who have an affinity with such in- agreements have on credit card debt. ing Act (15 U.S.C. 1681b(c)(1)(B)) is amended— stitution, organization and— (2) REPORT.—Upon completion of any study (1) in clause (ii), by striking ‘‘and’’ at the end; ‘‘(i) the creditor has agreed to donate a por- under paragraph (1), the Comptroller General and tion of the proceeds of the credit card to the in- shall periodically submit a report to the Con- (2) in clause (iii), by striking the period at the stitution, organization, or foundation (including gress on the findings and conclusions of the end and inserting the following: ‘‘; and a lump sum or 1-time payment of money for ac- study, together with such recommendations for ‘‘(iv) the consumer report does not contain a cess); administrative or legislative action as the Comp- date of birth that shows that the consumer has ‘‘(ii) the creditor has agreed to offer dis- troller General determines to be appropriate. not attained the age of 21, or, if the date of counted terms to the consumer; or TITLE IV—GIFT CARDS birth on the consumer report shows that the ‘‘(iii) the credit card bears the name, emblem, consumer has not attained the age of 21, such mascot, or logo of such institution, organiza- SEC. 401. GENERAL-USE PREPAID CARDS, GIFT consumer consents to the consumer reporting tion, or foundation, or other words, pictures, or CERTIFICATES, AND STORE GIFT CARDS. agency to such furnishing.’’. symbols readily identified with such institution, The Electronic Fund Transfer Act (15 U.S.C. SEC. 303. ISSUANCE OF CREDIT CARDS TO CER- organization, or foundation. 1693 et seq.) is amended— TAIN COLLEGE STUDENTS. ‘‘(B) COLLEGE STUDENT CREDIT CARD AC- (1) by redesignating sections 915 through 921 Section 127 of the Truth in Lending Act (15 COUNT.—The term ‘college student credit card as sections 916 through 922, respectively; and U.S.C. 1637) is amended by adding at the end account’ means a credit card account under an (2) by inserting after section 914 the following: the following new subsection: open end consumer credit plan established or ‘‘SEC. 915. GENERAL-USE PREPAID CARDS, GIFT ‘‘(p) PARENTAL APPROVAL REQUIRED TO IN- maintained for or on behalf of any college stu- CERTIFICATES, AND STORE GIFT CREASE CREDIT LINES FOR ACCOUNTS FOR WHICH dent. CARDS. PARENT IS JOINTLY LIABLE.—No increase may be ‘‘(C) COLLEGE STUDENT.—The term ‘college ‘‘(a) DEFINITIONS.—In this section, the fol- made in the amount of credit authorized to be student’ means an individual who is a full-time lowing definitions shall apply:

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5578 CONGRESSIONAL RECORD — SENATE May 19, 2009

‘‘(1) DORMANCY FEE; INACTIVITY CHARGE OR respect to a gift certificate, store gift card, or SEC. 403. EFFECTIVE DATE. FEE.—The terms ‘dormancy fee’ and ‘inactivity general-use prepaid card, if— This title and the amendments made by this charge or fee’ mean a fee, charge, or penalty for ‘‘(A) there has been no activity with respect to title shall become effective 15 months after the non-use or inactivity of a gift certificate, store the certificate or card in the 12-month period date of enactment of this Act. gift card, or general-use prepaid card. ending on the date on which the charge or fee TITLE V—MISCELLANEOUS PROVISIONS ‘‘(2) GENERAL USE PREPAID CARD, GIFT CER- is imposed; SEC. 501. STUDY AND REPORT ON INTERCHANGE TIFICATE, AND STORE GIFT CARD.— ‘‘(B) the disclosure requirements of paragraph FEES. ‘‘(A) GENERAL-USE PREPAID CARD.—The term (3) have been met; (a) STUDY REQUIRED.—The Comptroller Gen- ‘general-use prepaid card’ means a card or other ‘‘(C) not more than one fee may be charged in eral of the United States (in this section referred payment code or device issued by any person any given month; and to as the ‘‘Comptroller’’) shall conduct a study that is— ‘‘(D) any additional requirements that the on use of credit by consumers, interchange fees, ‘‘(i) redeemable at multiple, unaffiliated mer- Board may establish through rulemaking under and their effects on consumers and merchants. chants or service providers, or automated teller subsection (d) have been met. (b) SUBJECTS FOR REVIEW.—In conducting the machines; ‘‘(3) DISCLOSURE REQUIREMENTS.—The disclo- study required by this section, the Comptroller ‘‘(ii) issued in a requested amount, whether or sure requirements of this paragraph are met if— shall review— not that amount may, at the option of the ‘‘(A) the gift certificate, store gift card, or (1) the extent to which interchange fees are issuer, be increased in value or reloaded if re- general-use prepaid card clearly and conspicu- required to be disclosed to consumers and mer- quested by the holder; ously states— chants, whether merchants are restricted from ‘‘(iii) purchased or loaded on a prepaid basis; ‘‘(i) that a dormancy fee, inactivity charge or disclosing interchange or merchant discount and fee, or service fee may be charged; fees, and how such fees are overseen by the Fed- ‘‘(iv) honored, upon presentation, by mer- ‘‘(ii) the amount of such fee or charge; eral banking agencies or other regulators; chants for goods or services, or at automated ‘‘(iii) how often such fee or charge may be as- (2) the ways in which the interchange system teller machines. sessed; and affects the ability of merchants of varying size ‘‘(iv) that such fee or charge may be assessed ‘‘(B) GIFT CERTIFICATE.—The term ‘gift certifi- to negotiate pricing with card associations and for inactivity; and cate’ means an electronic promise that is— banks; ‘‘(B) the issuer or vendor of such certificate or ‘‘(i) redeemable at a single merchant or an af- (3) the costs and factors incorporated into card informs the purchaser of such charge or fee filiated group of merchants that share the same interchange fees, such as advertising, bonus before such certificate or card is purchased, re- name, mark, or logo; miles, and rewards, how such costs and factors gardless of whether the certificate or card is ‘‘(ii) issued in a specified amount that may vary among cards; not be increased or reloaded; purchased in person, over the Internet, or by (4) the consequences of the undisclosed nature ‘‘(iii) purchased on a prepaid basis in ex- telephone. of interchange fees on merchants and consumers change for payment; and ‘‘(4) EXCLUSION.—The prohibition under para- with regard to prices charged for goods and ‘‘(iv) honored upon presentation by such sin- graph (1) shall not apply to any gift certifi- services; gle merchant or affiliated group of merchants cate— (5) how merchant discount fees compare to the for goods or services. ‘‘(A) that is distributed pursuant to an award, credit losses and other costs that merchants ‘‘(C) STORE GIFT CARD.—The term ‘store gift loyalty, or promotional program, as defined by incur to operate their own credit networks or card’ means an electronic promise, plastic card, the Board; and store cards; or other payment code or device that is— ‘‘(B) with respect to which, there is no money (6) the extent to which the rules of payment ‘‘(i) redeemable at a single merchant or an af- or other value exchanged. card networks and their policies regarding inter- ‘‘(c) PROHIBITION ON SALE OF GIFT CARDS filiated group of merchants that share the same change fees are accessible to merchants; name, mark, or logo; WITH EXPIRATION DATES.— (7) other jurisdictions where the central bank ‘‘(ii) issued in a specified amount, whether or ‘‘(1) IN GENERAL.—Except as provided under has regulated interchange fees and the impact not that amount may be increased in value or paragraph (2), it shall be unlawful for any per- on retail prices to consumers in such jurisdic- reloaded at the request of the holder; son to sell or issue a gift certificate, store gift tions; ‘‘(iii) purchased on a prepaid basis in ex- card, or general-use prepaid card that is subject (8) whether and to what extent merchants are change for payment; and to an expiration date. permitted to discount for cash; and ‘‘(iv) honored upon presentation by such sin- ‘‘(2) EXCEPTIONS.—A gift certificate, store gift (9) the extent to which interchange fees allow gle merchant or affiliated group of merchants card, or general-use prepaid card may contain smaller financial institutions and credit unions for goods or services. an expiration date if— to offer payment cards and compete against ‘‘(D) EXCLUSIONS.—The terms ‘general-use ‘‘(A) the expiration date is not earlier than 5 larger financial institutions. prepaid card’, ‘gift certificate’, and ‘store gift years after the date on which the gift certificate (c) REPORT REQUIRED.—Not later than 180 card’ do not include an electronic promise, plas- was issued, or the date on which card funds days after the date of enactment of this Act, the tic card, or payment code or device that is— were last loaded to a store gift card or general- Comptroller shall submit a report to the Com- ‘‘(i) used solely for telephone services; use prepaid card; and mittee on Banking, Housing, and Urban Affairs ‘‘(ii) reloadable and not marketed or labeled ‘‘(B) the terms of expiration are clearly and of the Senate and the Committee on Financial as a gift card or gift certificate; conspicuously stated. Services of the House of Representatives con- ‘‘(iii) a loyalty, award, or promotional gift ‘‘(d) ADDITIONAL RULEMAKING.— taining a detailed summary of the findings and ‘‘(1) IN GENERAL.—The Board shall— card, as defined by the Board; conclusions of the study required by this sec- ‘‘(A) prescribe regulations to carry out this ‘‘(iv) not marketed to the general public; tion, together with such recommendations for section, in addition to any other rules or regula- ‘‘(v) issued in paper form only (including for legislative or administrative actions as may be tions required by this title, including such addi- tickets and events); or appropriate. ‘‘(vi) redeemable solely for admission to events tional requirements as appropriate relating to the amount of dormancy fees, inactivity charges SEC. 502. BOARD REVIEW OF CONSUMER CREDIT or venues at a particular location or group of PLANS AND REGULATIONS. or fees, or service fees that may be assessed and affiliated locations, which may also include (a) REQUIRED REVIEW.—Not later than 2 years the amount of remaining value of a gift certifi- services or goods obtainable— after the effective date of this Act and every 2 cate, store gift card, or general-use prepaid card ‘‘(I) at the event or venue after admission; or years thereafter, except as provided in sub- below which such charges or fees may be as- ‘‘(II) in conjunction with admission to such section (c)(2), the Board shall conduct a review, sessed; and events or venues, at specific locations affiliated within the limits of its existing resources avail- ‘‘(B) shall determine the extent to which the with and in geographic proximity to the event or able for reporting purposes, of the consumer individual definitions and provisions of the venue. credit card market, including— Electronic Fund Transfer Act or Regulation E ‘‘(3) SERVICE FEE.— (1) the terms of credit card agreements and the should apply to general-use prepaid cards, gift ‘‘(A) IN GENERAL.—The term ‘service fee’ practices of credit card issuers; certificates, and store gift cards. means a periodic fee, charge, or penalty for (2) the effectiveness of disclosure of terms, ‘‘(2) CONSULTATION.—In prescribing regula- holding or use of a gift certificate, store gift fees, and other expenses of credit card plans; tions under this subsection, the Board shall con- card, or general-use prepaid card. (3) the adequacy of protections against unfair sult with the Federal Trade Commission. ‘‘(B) EXCLUSION.—With respect to a general- or deceptive acts or practices relating to credit ‘‘(3) TIMING; EFFECTIVE DATE.—The regula- use prepaid card, the term ‘service fee’ does not card plans; and tions required by this subsection shall be issued include a one-time initial issuance fee. (4) whether or not, and to what extent, the in final form not later than 9 months after the ‘‘(b) PROHIBITION ON IMPOSITION OF FEES OR implementation of this Act and the amendments date of enactment of the Credit CARD Act of CHARGES.— made by this Act has affected— ‘‘(1) IN GENERAL.—Except as provided under 2009.’’. (A) cost and availability of credit, particularly paragraphs (2) through (4), it shall be unlawful SEC. 402. RELATION TO STATE LAWS. with respect to non-prime borrowers; for any person to impose a dormancy fee, an in- Section 920 of the Electronic Fund Transfer (B) the safety and soundness of credit card activity charge or fee, or a service fee with re- Act (as redesignated by this title) is amended by issuers; spect to a gift certificate, store gift card, or gen- inserting ‘‘dormancy fees, inactivity charges or (C) the use of risk-based pricing; or eral-use prepaid card. fees, service fees, or expiration dates of gift cer- (D) credit card product innovation. ‘‘(2) EXCEPTIONS.—A dormancy fee, inactivity tificates, store gift cards, or general-use prepaid (b) SOLICITATION OF PUBLIC COMMENT.—In charge or fee, or service fee may be charged with cards,’’ after ‘‘electronic fund transfers,’’. connection with conducting the review required

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5579 by subsection (a), the Board shall solicit com- lations to require any creditor, with respect to (7) the extent to which small business owners ment from consumers, credit card issuers, and any credit card account under an open end con- use personal credit cards to fund their business other interested parties, such as through hear- sumer credit plan, to establish procedures to en- operations. ings or written comments. sure that any administrator of an estate of any (b) RECOMMENDATIONS.—Following the review (c) REGULATIONS.— deceased obligor with respect to such account required by subsection (a), the Board shall, not (1) NOTICE.—Following the review required by can resolve outstanding credit balances in a later than 12 months after the date of enactment subsection (a), the Board shall publish a notice timely manner.’’. of this Act— in the Federal Register that— (b) CLERICAL AMENDMENT.—The table of sec- (1) provide a report to Congress that summa- (A) summarizes the review, the comments re- tions for chapter 2 of the Truth in Lending Act rizes the review and other evidence gathered by ceived from the public solicitation, and other is amended by inserting after the item relating the Board, such as through consumer testing or evidence gathered by the Board, such as to section 140 the following new item: other research, and through consumer testing or other research; and ‘‘140A. Procedure for timely settlement of estates (2) make recommendations for administrative (B) either— of decedent obligors’.’’. or legislative initiatives to provide protections (i) proposes new or revised regulations or in- for credit card plans for small businesses, as ap- SEC. 505. REPORT TO CONGRESS ON REDUCTIONS propriate. terpretations to update or revise disclosures and OF CONSUMER CREDIT CARD LIMITS protections for consumer credit cards, as appro- BASED ON CERTAIN INFORMATION SEC. 507. SMALL BUSINESS INFORMATION SECU- priate; or AS TO EXPERIENCE OR TRANS- RITY TASK FORCE. (ii) states the reason for the determination of ACTIONS OF THE CONSUMER. (a) DEFINITIONS.—In this section— the Board that new or revised regulations are (a) REPORT ON CREDITOR PRACTICES RE- (1) the terms ‘‘Administration’’ and ‘‘Adminis- not necessary. QUIRED.—Before the end of the 1-year period be- trator’’ mean the Small Business Administration (2) REVISION OF REVIEW PERIOD FOLLOWING ginning on the date of enactment of this Act, and the Administrator thereof, respectively; MATERIAL REVISION OF REGULATIONS.—In the the Board, in consultation with the Comptroller (2) the term ‘‘small business concern’’ has the event that the Board materially revises regula- of the Currency, the Director of the Office of same meaning as in section 3 of the Small Busi- tions on consumer credit card plans, a review Thrift Supervision, the Federal Deposit Insur- ness Act (15 U.S.C. 632); and need not be conducted until 2 years after the ef- ance Corporation, the National Credit Union (3) the term ‘‘task force’’ means the task force fective date of the revised regulations, which Administration Board, and the Federal Trade established under subsection (b). thereafter shall be treated as the new date for Commission, shall submit a report to the Com- (b) ESTABLISHMENT.—The Administrator shall, the biennial review required by subsection (a). mittee on Financial Services of the House of in conjunction with the Secretary of Homeland (d) BOARD REPORT TO THE CONGRESS.—The Representatives and the Committee on Banking, Security, establish a task force, to be known as Board shall report to Congress not less fre- Housing, and Urban Affairs of the Senate on the ‘‘Small Business Information Security Task quently than every 2 years, except as provided the extent to which, during the 3-year period Force’’, to address the information technology in subsection (c)(2), on the status of its most re- ending on such date of enactment, creditors security needs of small business concerns and to cent review, its efforts to address any issues have reduced credit limits or raised interest help small business concerns prevent the loss of identified from the review, and any rec- rates applicable to credit card accounts under credit card data. (c) DUTIES.—The task force shall— ommendations for legislation. open end consumer credit plans based on— (1) identify— (e) ADDITIONAL REPORTING.—The Federal (1) the geographic location where a credit (A) the information technology security needs banking agencies (as that term is defined in sec- transaction with the consumer took place, or the of small business concerns; and tion 3 of the Federal Deposit Insurance Act) and identity of the merchant involved in the trans- (B) the programs and services provided by the the Federal Trade Commission shall provide an- action; Federal Government, State Governments, and nually to the Board, and the Board shall in- (2) the credit transactions of the consumer, in- nongovernment organizations that serve those clude in its annual report to Congress under cluding the type of credit transaction, the type needs; section 10 of the Federal Reserve Act, informa- of items purchased in such transaction, the (2) assess the extent to which the programs tion about the supervisory and enforcement ac- price of items purchased in such transaction, and services identified under paragraph (1)(B) tivities of the agencies with respect to compli- any change in the type or price of items pur- serve the needs identified under paragraph ance by credit card issuers with applicable Fed- chased in such transactions, and other data (1)(A); eral consumer protection statutes and regula- pertaining to the use of such credit card ac- (3) make recommendations to the Adminis- tions, including— count by the consumer; and trator on how to more effectively serve the needs (1) this Act, the amendments made by this Act, (3) the identity of the mortgage creditor which identified under paragraph (1)(A) through— and regulations prescribed under this Act and extended or holds the mortgage loan secured by (A) programs and services identified under such amendments; and the primary residence of the consumer. paragraph (1)(B); and (2) section 5 of the Federal Trade Commission (b) OTHER INFORMATION.—The report required (B) new programs and services promoted by Act, and regulations prescribed under the Fed- under subsection (a) shall also include— the task force; eral Trade Commission Act, including part 227 (1) the number of creditors that have engaged (4) make recommendations on how the Admin- of title 12 of the Code of Federal Regulations, as in the practices described in subsection (a); istrator may promote— prescribed by the Board (referred to as ‘‘Regula- (2) the extent to which the practices described (A) new programs and services that the task tion AA’’). in subsection (a) have an adverse impact on mi- force recommends under paragraph (3)(B); and SEC. 503. STORED VALUE. nority or low-income consumers; (B) programs and services identified under (a) IN GENERAL.—Not later than 270 days (3) any other relevant information regarding paragraph (1)(B); after the date of enactment of this Act, the Sec- such practices; and (5) make recommendations on how the Admin- retary of the Treasury, in consultation with the (4) recommendations to the Congress on any istrator may inform and educate with respect Secretary of Homeland Security, shall issue reg- regulatory or statutory changes that may be to— ulations in final form implementing the Bank needed to restrict or prevent such practices. (A) the needs identified under paragraph Secrecy Act, regarding the sale, issuance, re- SEC. 506. BOARD REVIEW OF SMALL BUSINESS (1)(A); demption, or international transport of stored CREDIT PLANS AND RECOMMENDA- (B) new programs and services that the task value, including stored value cards. TIONS. force recommends under paragraph (3)(B); and (a) REQUIRED REVIEW.—Not later than 9 (C) programs and services identified under (b) CONSIDERATION OF INTERNATIONAL TRANS- months after the date of enactment of this Act, paragraph (1)(B); PORT.—Regulations under this section regarding (6) make recommendations on how the Admin- international transport of stored value may in- the Board shall conduct a review of the use of istrator may more effectively work with public clude reporting requirements pursuant to section credit cards by businesses with not more than 50 and private interests to address the information 5316 of title 31, United States Code. employees (in this section referred to as ‘‘small technology security needs of small business con- (c) EMERGING METHODS FOR TRANSMITTAL AND businesses’’) and the credit card market for cerns; and STORAGE IN ELECTRONIC FORM.—Regulations small businesses, including— (7) make recommendations on the creation of under this section shall take into consideration (1) the terms of credit card agreements for a permanent advisory board that would make current and future needs and methodologies for small businesses and the practices of credit card recommendations to the Administrator on how transmitting and storing value in electronic issuers relating to small businesses; (2) the adequacy of disclosures of terms, fees, to address the information technology security form. and other expenses of credit card plans for small needs of small business concerns. SEC. 504. PROCEDURE FOR TIMELY SETTLEMENT businesses; (d) INTERNET WEBSITE RECOMMENDATIONS.— OF ESTATES OF DECEDENT OBLI- The task force shall make recommendations to GORS. (3) the adequacy of protections against unfair or deceptive acts or practices relating to credit the Administrator relating to the establishment (a) IN GENERAL.—Chapter 2 of the Truth in of an Internet website to be used by the Admin- Lending Act ( U.S.C. 1631 et seq.) is amended by card plans for small businesses; (4) the cost and availability of credit for small istration to receive and dispense information adding at the end the following new section: businesses, particularly with respect to non- and resources with respect to the needs identi- ‘‘§ 140A Procedure for timely settlement of es- prime borrowers; fied under subsection (c)(1)(A) and the programs tates of decedent obligors (5) the use of risk-based pricing for small busi- and services identified under subsection ‘‘The Board, in consultation with the Federal nesses; (c)(1)(B). As part of the recommendations, the Trade Commission and each other agency re- (6) credit card product innovation relating to task force shall identify the Internet sites of ap- ferred to in section 108(a), shall prescribe regu- small businesses; and propriate programs, services, and organizations,

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5580 CONGRESSIONAL RECORD — SENATE May 19, 2009 both public and private, to which the Internet publish the minutes of the meeting in the Fed- (1) an emergency personal identification num- website should link. eral Register and shall submit to the Adminis- ber that would summon a local law enforcement (e) EDUCATION PROGRAMS.—The task force trator any findings or recommendations ap- officer to an automated teller machine when en- shall make recommendations to the Adminis- proved at the meeting. tered into such automated teller machine; and trator relating to developing additional edu- (B) SUBMISSION TO CONGRESS.—Not later than (2) a mechanism on the exterior of an auto- cation materials and programs with respect to 60 days after the date that the Administrator re- mated teller machine that, when pressed, would the needs identified under subsection (c)(1)(A). ceives minutes under subparagraph (A), the Ad- summon a local law enforcement to such auto- (f) EXISTING MATERIALS.—The task force shall ministrator shall submit to the Committee on mated teller machine. organize and distribute existing materials that Small Business and Entrepreneurship of the (b) CONTENTS OF STUDY.—The study required inform and educate with respect to the needs Senate and the Committee on Small Business of under subsection (a) shall include— identified under subsection (c)(1)(A) and the the House of Representatives such minutes, to- (1) an analysis of any technology described in programs and services identified under sub- gether with any comments the Administrator subsection (a) that is currently available or section (c)(1)(B). considers appropriate. under development; (g) COORDINATION WITH PUBLIC AND PRIVATE (5) FINDINGS.— (2) an estimate of the number and severity of SECTOR.—In carrying out its responsibilities (A) IN GENERAL.—Not later than the date on any crimes that could be prevented by the avail- under this section, the task force shall coordi- which the task force terminates under sub- ability of such technology; nate with, and may accept materials and assist- section (m), the task force shall submit to the (3) the estimated costs of implementing such ance as it determines appropriate from, public Administrator a final report on any findings technology; and and private entities, including— and recommendations of the task force approved (4) a comparison of the costs and benefits of (1) any subordinate officer of the Adminis- at a meeting of the task force. not fewer than 3 types of such technology. trator; (B) SUBMISSION TO CONGRESS.—Not later than (c) REPORT.—Not later than 9 months after (2) any organization authorized by the Small 90 days after the date on which the Adminis- the date of enactment of this Act, the Federal Business Act to provide assistance and advice to trator receives the report under subparagraph Trade Commission shall submit to Congress a re- small business concerns; (A), the Administrator shall submit to the Com- port on the findings of the study required under (3) other Federal agencies, their officers, or mittee on Small Business and Entrepreneurship this section that includes such recommendations employees; and of the Senate and the Committee on Small Busi- for legislative action as the Commission deter- (4) any other organization, entity, or person ness of the House of Representatives the full mines appropriate. text of the report submitted under subparagraph not described in paragraph (1), (2), or (3). SEC. 509. STUDY AND REPORT ON THE MAR- (h) APPOINTMENT OF MEMBERS.— (A), together with any comments the Adminis- KETING OF PRODUCTS WITH CREDIT (1) CHAIRPERSON AND VICE-CHAIRPERSON.—The trator considers appropriate. OFFERS. task force shall have— (j) PERSONNEL MATTERS.— (a) STUDY.—The Comptroller General of the (1) COMPENSATION OF MEMBERS.—Each mem- (A) a Chairperson, appointed by the Adminis- United States shall conduct a study on the ber of the task force shall serve without pay for trator; and terms, conditions, marketing, and value to con- their service on the task force. (B) a Vice-Chairperson, appointed by the Ad- sumers of products marketed in conjunction (2) TRAVEL EXPENSES.—Each member of the ministrator, in consultation with appropriate with credit card offers, including— task force shall receive travel expenses, includ- nongovernmental organizations, entities, or per- (1) debt suspension agreements; ing per diem in lieu of subsistence, in accord- sons. (2) debt cancellation agreements; and (2) MEMBERS.— ance with applicable provisions under sub- (3) credit insurance products. chapter I of chapter 57 of title 5, United States (A) CHAIRPERSON AND VICE-CHAIRPERSON.— (b) AREAS OF CONCERN.—The study conducted The Chairperson and the Vice-Chairperson shall Code. under this section shall evaluate— (3) DETAIL OF SBA EMPLOYEES.—The Adminis- serve as members of the task force. (1) the suitability of the offer of products de- trator may detail, without reimbursement, any (B) ADDITIONAL MEMBERS.— scribed in subsection (a) for target customers; (i) IN GENERAL.—The task force shall have ad- of the personnel of the Administration to the (2) the predatory nature of such offers; and ditional members, each of whom shall be ap- task force to assist it in carrying out the duties (3) specifically for debt cancellation or sus- pointed by the Chairperson, with the approval of the task force. Such a detail shall be without pension agreements and credit insurance prod- of the Administrator. interruption or loss of civil status or privilege. ucts, loss rates compared to more traditional in- (4) SBA SUPPORT OF THE TASK FORCE.—Upon (ii) NUMBER OF MEMBERS.—The number of ad- surance products. the request of the task force, the Administrator ditional members shall be determined by the (c) REPORT TO CONGRESS.—The Comptroller Chairperson, in consultation with the Adminis- shall provide to the task force the administrative shall submit a report to Congress on the results trator, except that— support services that the Administrator and the of the study required by this section not later (I) the additional members shall include, for Chairperson jointly determine to be necessary than December 31, 2010. each of the groups specified in paragraph (3), at for the task force to carry out its duties. SEC. 510. FINANCIAL AND ECONOMIC LITERACY. least 1 member appointed from within that (k) NOT SUBJECT TO FEDERAL ADVISORY COM- (a) REPORT ON FEDERAL FINANCIAL AND ECO- group; and MITTEE ACT.—The Federal Advisory Committee NOMIC LITERACY EDUCATION PROGRAMS.— (II) the number of additional members shall Act (5 U.S.C. App.) shall not apply to the task (1) IN GENERAL.—Not later than 9 months not exceed 13. force. after the date of enactment of this Act, the Sec- (3) GROUPS REPRESENTED.—The groups speci- (l) STARTUP DEADLINES.—The initial appoint- retary of Education and the Director of the Of- fied in this paragraph are— ment of the members of the task force shall be (A) subject matter experts; completed not later than 90 days after the date fice of Financial Education of the Department (B) users of information technologies within of enactment of this Act, and the first meeting of the Treasury shall coordinate with the Presi- small business concerns; of the task force shall be not later than 180 days dent’s Advisory Council on Financial Literacy— (C) vendors of information technologies to after the date of enactment of this Act. (A) to evaluate and compile a comprehensive small business concerns; (m) TERMINATION.— summary of all existing Federal financial and (D) academics with expertise in the use of in- (1) IN GENERAL.—Except as provided in para- economic literacy education programs, as of the formation technologies to support business; graph (2), the task force shall terminate at the time of the report; and (E) small business trade associations; end of fiscal year 2013. (B) to prepare and submit a report to Congress (F) Federal, State, or local agencies, including (2) EXCEPTION.—If, as of the termination date on the findings of the evaluations. the Department of Homeland Security, engaged under paragraph (1), the task force has not (2) CONTENTS.—The report required by this in securing cyberspace; and complied with subsection (i)(4) with respect to 1 subsection shall address, at a minimum— (G) information technology training providers or more meetings, then the task force shall con- (A) the 2008 recommendations of the Presi- with expertise in the use of information tech- tinue after the termination date for the sole pur- dent’s Advisory Council on Financial Literacy; nologies to support business. pose of achieving compliance with subsection (B) existing Federal financial and economic (4) POLITICAL AFFILIATION.—The appoint- (i)(4) with respect to those meetings. literacy education programs for grades kinder- ments under this subsection shall be made with- (n) AUTHORIZATION OF APPROPRIATIONS.— garten through grade 12, and annual funding to out regard to political affiliation. There is authorized to be appropriated to carry support these programs; (i) MEETINGS.— out this section $300,000 for each of fiscal years (C) existing Federal postsecondary financial (1) FREQUENCY.—The task force shall meet at 2010 through 2013. and economic literacy education programs and least 2 times per year, and more frequently if SEC. 508. STUDY AND REPORT ON EMERGENCY annual funding to support these programs; necessary to perform its duties. PIN TECHNOLOGY. (D) the current financial and economic lit- (2) QUORUM.—A majority of the members of (a) IN GENERAL.—The Federal Trade Commis- eracy education needs of adults, and in par- the task force shall constitute a quorum. sion, in consultation with the Attorney General ticular, low- and moderate-income adults; (3) LOCATION.—The Administrator shall des- of the United States and the United States Se- (E) ways to incorporate and disseminate best ignate, and make available to the task force, a cret Service, shall conduct a study on the cost- practices and high quality curricula in financial location at a facility under the control of the effectiveness of making available at automated and economic literacy education; and Administrator for use by the task force for its teller machines technology that enables a con- (F) specific recommendations on sources of meetings. sumer that is under duress to electronically alert revenue to support financial and economic lit- (4) MINUTES.— a local law enforcement agency that an incident eracy education activities with a specific anal- (A) IN GENERAL.—Not later than 30 days after is taking place at such automated teller ma- ysis of the potential use of credit card trans- the date of each meeting, the task force shall chine, including— action fees.

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(b) STRATEGIC PLAN.— (B) in paragraphs (2), (3), and (6), by striking (1) the relationship between fluency in the (1) IN GENERAL.—The Secretary of Education ‘‘Commission’’ each place it appears and insert- English language and financial literacy; and and the Director of the Office of Financial Edu- ing ‘‘primary Federal regulator’’. (2) the extent, if any, to which individuals cation of the Department of the Treasury shall (b) EFFECTIVE DATE.—The amendments made whose native language is a language other than coordinate with the President’s Advisory Coun- by subsection (a) shall take effect on March 12, English are impeded in their conduct of their fi- cil on Financial Literacy to develop a strategic 2009. nancial affairs. plan to improve and expand financial and eco- SEC. 512. PROTECTING AMERICANS FROM VIO- (b) REPORT.—Not later than 1 year after the nomic literacy education. LENT CRIME. date of enactment of this Act, the Comptroller (2) CONTENTS.—The plan developed under this (a) CONGRESSIONAL FINDINGS.—Congress finds General of the United States shall submit a re- subsection shall— the following: port to the Committee on Banking, Housing, (A) incorporate findings from the report and (1) The Second Amendment to the Constitu- and Urban Affairs of the Senate and the Com- evaluations of existing Federal financial and tion provides that ‘‘the right of the people to mittee on Financial Services of the House of economic literacy education programs under keep and bear Arms, shall not be infringed’’. Representatives that contains a detailed sum- subsection (a); and (2) Section 2.4(a)(1) of title 36, Code of Federal mary of the findings and conclusions of the (B) include proposals to improve, expand, and Regulations, provides that ‘‘except as otherwise study required under subsection (a). support financial and economic literacy edu- provided in this section and parts 7 (special reg- The PRESIDING OFFICER. The Sen- cation based on the findings of the report and ulations) and 13 (Alaska regulations), the fol- ator from Connecticut. evaluations. lowing are prohibited: (i) Possessing a weapon, Mr. DODD. Mr. President, I move to (3) PRESENTATION TO CONGRESS.—The plan de- trap or net (ii) Carrying a weapon, trap or net veloped under this subsection shall be presented (iii) Using a weapon, trap or net’’. reconsider the vote. to Congress not later than 6 months after the (3) Section 27.42 of title 50, Code of Federal Mr. LEVIN. Mr. President, I move to date on which the report under subsection (a) is Regulations, provides that, except in special cir- lay that motion upon the table. submitted to Congress. cumstances, citizens of the United States may The motion to lay on the table was (c) EFFECTIVE DATE.—Notwithstanding sec- not ‘‘possess, use, or transport firearms on na- agreed to. tional wildlife refuges’’ of the United States tion 3, this section shall become effective on the f date of enactment of this Act. Fish and Wildlife Service. SEC. 511. FEDERAL TRADE COMMISSION RULE- (4) The regulations described in paragraphs UNANIMOUS CONSENT MAKING ON MORTGAGE LENDING. (2) and (3) prevent individuals complying with AGREEMENT—S. 896 Federal and State laws from exercising the sec- (a) IN GENERAL.—Section 626 of division D of Mr. DODD. Mr. President, I ask unan- the Omnibus Appropriations Act, 2009 (Public ond amendment rights of the individuals while Law 111–8) is amended— at units of— imous consent that when the Senate (1) in subsection (a)— (A) the National Park System; and receives a message from the House (A) by striking ‘‘Within’’ and inserting ‘‘(1) (B) the National Wildlife Refuge System. with respect to S. 896 the Senate con- (5) The existence of different laws relating to Within’’; cur in the amendment of the House, the transportation and possession of firearms at (B) in paragraph (1), as designated by sub- and the motion to reconsider be laid paragraph (A), by inserting after the first sen- different units of the National Park System and the National Wildlife Refuge System entrapped upon the table; that this order is only tence the following: ‘‘Such rulemaking shall re- valid if the House amendment is iden- late to unfair or deceptive acts or practices re- law-abiding gun owners while at units of the garding mortgage loans, which may include un- National Park System and the National Wildlife tical to the text which is at the desk; fair or deceptive acts or practices involving loan Refuge System. that if the text is not identical, then (6) Although the Bush administration issued modification and foreclosure rescue services.’’; this order is null and void. new regulations relating to the Second Amend- and The PRESIDING OFFICER. Without ment rights of law-abiding citizens in units of (C) by adding at the end the following: objection, it is so ordered. the National Park System and National Wildlife ‘‘(2) Paragraph (1) shall not be construed to f authorize the Federal Trade Commission to pro- Refuge System that went into effect on January mulgate a rule with respect to an entity that is 9, 2009— UNANIMOUS CONSENT AGREE- (A) on March 19, 2009, the United States Dis- not subject to enforcement of the Federal Trade trict Court for the District of Columbia granted MENT—EXECUTIVE CALENDAR Commission Act (15 U.S.C. 41 et seq.) by the a preliminary injunction with respect to the im- Mr. DODD. As if in executive session, Commission. plementation and enforcement of the new regu- ‘‘(3) Before issuing a final rule pursuant to I ask unanimous consent that the order lations; and the proceeding initiated under paragraph (1), with respect to the Gensler nomination (B) the new regulations— the Federal Trade Commission shall consult (i) are under review by the administration; be modified to provide that the debate with the Federal Reserve Board concerning any and with respect to the nomination occur portion of the proposed rule applicable to acts or (ii) may be altered. after the vote which is scheduled for practices to which the provisions of the Truth in (7) Congress needs to weigh in on the new reg- 2:15 p.m. today. Lending Act (15 U.S.C. 1601 et seq.) may apply. ulations to ensure that unelected bureaucrats The PRESIDING OFFICER. Without ‘‘(4) The Federal Trade Commission shall en- and judges cannot again override the Second force the rules issued under paragraph (1) in the objection, it is so ordered. Amendment rights of law-abiding citizens on Mr. DODD. Mr. President, I see my same manner, by the same means, and with the 83,600,000 acres of National Park System land same jurisdiction, powers, and duties as though and 90,790,000 acres of land under the jurisdic- colleague from Washington is here. My all applicable terms and provisions of the Fed- tion of the United States Fish and Wildlife Serv- intention is to come back at some eral Trade Commission Act (15 U.S.C. 41 et seq.) ice. point later this afternoon and talk were incorporated into and made part of this (8) The Federal laws should make it clear that about the credit card bill. We have section.’’; and the second amendment rights of an individual at talked about it a lot over the last num- (2) in subsection (b)— a unit of the National Park System or the Na- ber of weeks, but I know there are (A) by striking so much as precedes paragraph tional Wildlife Refuge System should not be in- other matters other people want to (2) and inserting the following: fringed. ‘‘(b)(1) Except as provided in paragraph (6), (b) PROTECTING THE RIGHT OF INDIVIDUALS TO bring up at this juncture. So I will re- in any case in which the attorney general of a BEAR ARMS IN UNITS OF THE NATIONAL PARK serve some time this afternoon to State has reason to believe that an interest of SYSTEM AND THE NATIONAL WILDLIFE REFUGE thank my colleagues from the Banking the residents of that State has been or is threat- SYSTEM.—The Secretary of the Interior shall not Committee, and also my colleagues, ened or adversely affected by the engagement of promulgate or enforce any regulation that pro- such as Senator LEVIN, who has been a any person subject to a rule prescribed under hibits an individual from possessing a firearm champion of this issue for as long as I subsection (a) in a practice that violates such including an assembled or functional firearm in rule, the State, as parens patriae, may bring a have, and others who have worked tire- any unit of the National Park System or the Na- lessly to make this happen. So I will civil action on behalf of the residents of the tional Wildlife Refuge System if— State in an appropriate district court of the (1) the individual is not otherwise prohibited reserve. United States or other court of competent juris- by law from possessing the firearm; and The PRESIDING OFFICER. The Sen- diction— (2) the possession of the firearm is in compli- ator from Washington. ‘‘(A) to enjoin that practice; ance with the law of the State in which the unit f ‘‘(B) to enforce compliance with the rule; of the National Park System or the National ‘‘(C) to obtain damages, restitution, or other Wildlife Refuge System is located. TO INCREASE FUNDING FOR THE compensation on behalf of residents of the State; SEC. 513. GAO STUDY AND REPORT ON FLUENCY SPECIAL RESERVE or IN THE ENGLISH LANGUAGE AND FI- ‘‘(D) to obtain penalties and relief provided by NANCIAL LITERACY. Ms. CANTWELL. Mr. President, I ask the Federal Trade Commission Act and such (a) STUDY.—The Comptroller General of the unanimous consent that the Senate other relief as the court considers appropriate.’’; United States shall conduct a study exam- proceed to the immediate consider- and ining— ation of S. Res. 152, submitted earlier

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5582 CONGRESSIONAL RECORD — SENATE May 19, 2009 today; that the resolution be agreed to [Rollcall Vote No. 195 Ex.] cerning the regulation of over-the- and the motion to reconsider be laid YEAS—88 counter derivatives transactions and upon the table. Akaka Enzi McCaskill other financial transactions, and his The PRESIDING OFFICER. Without Alexander Feingold McConnell views on regulations in general. objection, it is so ordered. Barrasso Feinstein Menendez Mr. President, I chaired a nomina- Baucus Gillibrand Mikulski tion hearing that lasted some time. It The resolution (S. Res. 152) was Bayh Graham Murkowski agreed to, as follows: Begich Grassley Nelson (NE) was a hearing of substance. Mr. Gensler Bennet Gregg S. RES. 152 Nelson (FL) answered some very tough questions Bennett Hagan Pryor straightforwardly. Resolved, Bingaman Harkin Reed Bond Hatch It is not possible to know how Mr. SECTION 1. SPECIAL RESERVE FUNDING. Reid Boxer Hutchison Gensler will decide any given question, (a) IN GENERAL.—Section 20(a) of S. Res. 73 Brown Inhofe Risch but he has expressed support for much (111th Congress) is amended by striking Roberts Brownback Inouye stronger, more effective reform in the ‘‘$4,375,000’’ and inserting ‘‘$4,875,000’’. Bunning Isakson Schumer (b) AGGREGATES.—The additional funds Burr Johanns Sessions oversight and regulation of derivatives. provided by the amendment made by sub- Burris Johnson Shelby Of all the things we are doing around section (a) shall not be considered to be sub- Cardin Kaufman Snowe here, in terms of banking and bailouts ject to the 89 percent limitation on Special Carper Kerry Specter and pronouncements coming from the Reserves found on page 2 of Committee Re- Casey Klobuchar Stabenow Chambliss Kohl Tester Secretary of the Treasury, perhaps the port 111–14, accompanying S. Res. 73. Coburn Kyl Thune construction of the whole thing is cen- Cochran Landrieu Udall (CO) tered around how are we finally going f Collins Lautenberg Udall (NM) Conrad Leahy to regulate derivatives and swaps. Vitter These are over the counter, hidden RECESS Corker Levin Warner Cornyn Lieberman Webb from view and, quite frankly, they Crapo The PRESIDING OFFICER. Under Lincoln Whitehouse have led to the debacle we have now. DeMint Lugar the previous order, the Senate stands Wicker Dodd Martinez Let me read some excerpts from Mr. Wyden in recess until 2:15. Durbin McCain Gensler’s testimony before the Senate Thereupon, at 1:20 p.m., the Senate NAYS—6 Agriculture Committee, which gives recessed until 2:15 p.m. and reassem- me, again, some positive feelings to- bled when called to order by the Acting Cantwell Merkley Sanders Dorgan Murray Shaheen ward his future chairmanship of the President pro tempore. CFTC. NOT VOTING—5 Here is what he said: f Byrd Kennedy Voinovich I firmly believe that strong, intelligent Ensign Rockefeller regulation with aggressive enforcement ben- EXECUTIVE SESSION The nomination was confirmed. efits our economy and the public. We must urgently move to enact a broad f regulatory regime that covers the entire NOMINATION OF GARY GENSLER over-the-counter derivatives markets. NOMINATION OF GARY GENSLER TO BE CHAIRMAN OF THE COM- TO BE A COMMISSIONER OF THE Right on target, Mr. Gensler. He also MODITY FUTURES TRADING COMMODITY FUTURES TRADING said: COMMISSION COMMISSION The CFTC should be provided with author- The ACTING PRESIDENT pro tem- ity to set position limits on all over-the- The ACTING PRESIDENT pro tem- pore. Under the previous order, the counter derivatives to prevent manipulation pore. Under the previous order, the and excessive speculation. Senate will proceed to the nomination A transparent and consistent playing field Senate will proceed to executive ses- of Gary Gensler, of Maryland, to be sion to consider the following nomina- for all physical commodity futures should be Chairman of the Commodity Futures the foundation of our regulations. tion, which the clerk will report. Trading Commission. The legislative clerk read the nomi- I agree with that. The nomination is confirmed, and the Lastly, Mr. Gensler said this: nation of Gary Gensler, of Maryland, to motion to reconsider is considered be a Commissioner of the Commodity I believe that the CFTC must work with made and laid upon the table. Congress, with other regulators, and with Futures Trading Commission. The President will be immediately our global financial partners to ensure that The ACTING PRESIDENT pro tem- notified of the Senate’s action. the failures of our regulatory and financial pore. Under the previous order, the Under the previous order, there will systems, failures which have already taken a question is, Will the Senate advise and now be 60 minutes of debate equally di- toll on every American, never happen again. consent to the nomination of Gary vided and controlled between the Sen- Those are all excerpts from the ex- Gensler, of Maryland, to be a Commis- ator from Iowa, Mr. HARKIN, and the tensive testimony and question-and-an- sioner of the Commodity Futures Trad- Senator from Georgia, Mr. CHAMBLISS, swer period of Mr. Gensler before our ing Commission? or their designees. committee. So now I am prepared to Mr. INOUYE. Mr. President, I ask for The Senator from Iowa is recognized. entrust momentous decisions to Mr. the yeas and nays. Mr. HARKIN. Mr. President, again, Gensler, and I am, of course, sup- The ACTING PRESIDENT pro tem- to recap what was said, we have voted porting the President’s choice. Given pore. Is there a sufficient second? twice, once to approve Mr. Gensler as a the fragile state of the economy and fi- There is a sufficient second. Commissioner of the Commodity Fu- nancial markets, having a confirmed The clerk will call the roll. tures Trading Commission and another chairman at the CFTC is of critical im- The legislative clerk called the roll. vote to approve him as the Chairman of portance. Mr. DURBIN. I announce that the the Commodity Futures Trading Com- As I said at Mr. Gensler’s nomination Senator from West Virginia (Mr. mission. I voted yes on both measures. hearing, these are challenging times, BYRD), the Senator from Massachusetts Let me share my reasoning on the particularly for regulators like the (Mr. KENNEDY), and the Senator from nomination of Mr. Gensler. CFTC. Since the Commodity Futures West Virginia (Mr. ROCKEFELLER) are Honestly, I have had some reserva- Trading Commission was established 35 necessarily absent. tions about this nominee, though cer- years ago, it has never faced more Mr. KYL. The following Senators are tainly not about him as a person. daunting market challenges than those necessarily absent: the Senator from Based upon my meetings with him and that exist now. The unprecedented Nevada (Mr. ENSIGN) and the Senator our committee hearing, I believe Mr. price volatility of our markets for from Ohio (Mr. VOINOVICH). Gensler is a good and decent man with physical commodities, such as energy The ACTING PRESIDENT pro tem- a strong personal story, and he has cer- and grains, has hurt our economy. The pore. Are there any other Senators in tainly shown his intellectual capability lack of sufficient regulatory authority the Chamber desiring to vote? and his knowledge of the subject. and oversight over the derivatives and The result was announced—yeas 88, I simply had concerns with elements financial markets has proven disas- nays 6, as follows: of his background and philosophy, con- trous to the entire global economy.

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5583 Derivatives that were touted as man- that. But that is what got us into this houses—said we know how to slice and aging or reducing risk turned out in trouble in the first place. As I said, the dice derivatives to the nth degree— practice to magnify risk—or certainly burden of proof is on them, I believe, to these credit default swaps—and we can at least to allow banks, insurance com- show why we need this loophole and to make a lot of money on that. panies, and investors to take on totally somehow define a custom swap, what it But there was no need for that. There unsustainable and reckless levels of really is, and why we don’t need to put was no outcry by banks or insurance risk and leverage. If these financial it on a regulated exchange. companies saying they needed this markets and derivatives markets are Some suggest that reforming regula- kind of financial instrument. But they not properly regulated, we won’t have tions of these markets, like I am sug- came up with it and marketed it and a strong economy. The CFTC plays a gesting, will limit flexibility and in- sold it as a way of better hedging risk vital role in providing oversight in hibit the incentives of market partici- when, in fact, it increased and mag- keeping these markets healthy and in pants to develop and introduce new fi- nified risk. Again, if someone comes up keeping the players honest. nancial products, and thus harm the with a financial instrument—a new It is imperative that we pass strong market. Again, I reject that notion. To product, as they say—let’s get it out financial regulatory reform in the Con- the extent that financial innovation there in the open. If you want it out gress, and not just piecemeal, patch- can be shown to benefit all participants there, put it in the open and get it on work reform, but comprehensive and in the market by providing some new the regulated exchange and let every- fundamental reform that brings full hedging opportunities or risk manage- body look at it and see what it is. That transparency and accountability back ment capabilities, without putting is why we need better regulation and to the markets. Earlier this year, I in- other parties at undue risk, then that openness and transparency. troduced the Derivatives Trading In- is all to the good. However, if these I reject the idea that somehow this tegrity Act. Our committee will be new products are used to obscure risk regulation of which I speak is somehow having a hearing on this early next in the market, or elude or evade ac- going to thwart financial instruments. month. That bill would require all de- counting rules placed on market par- If we thwart the development of other rivatives and swaps to be traded on a ticipants, then they clearly don’t serve credit default swaps or collateralized regulated exchange. Exchange-traded the public good and should be prohib- mortgages or debt obligations, wonder- contracts are subject to a level of ited. ful; we should. We should get back to transparency and oversight that is not That is why I say no more of this be- sensible dealings in the marketplace. possible in over-the-counter markets. hind-the-scenes, over-the-counter trad- Again, no more obscuring of the risk, For 60 years, futures contracts traded ing of derivatives. Put them on a regu- eluding accounting rules—get them out very efficiently on regulated ex- lated exchange. If it is custom, so in the public. The free-wheeling derivatives mar- changes. what; put it on the exchange. Then a kets contributed to a financial crisis I believe the burden of proof is on regulated exchange can put margin re- from which our economy is only begin- those who say there must be exceptions quirements on the buyers, clearing the ning to recover. We are at work in the and loopholes to allow derivatives and floor every day. Other investors can Agriculture Committee on legislation futures trading off-exchange to con- look and see what is going on. It pro- that will ensure stronger regulation in tinue. These are touted as customized vides for the best transparency pos- order to bring transparency and integ- swaps or customized derivatives. I have sible. rity to the derivatives market. asked Mr. Gensler and others to please Some are talking about having some I want to make it clear at the outset define for me what a custom swap is. kind of a clearinghouse. Again, I don’t that I am not against all derivatives. No matter how you define it, it leaves know about clearinghouses. There are Certain derivatives have a functional a loophole big enough to drive a Mack some functions for clearinghouses, I value in hedging and reducing risk. truck through. Once there is a deriva- am aware of that. But, again, they just But, again, they should be in the open. tive that is off the trading boards, that don’t function like a regulated ex- We are at work in the Agriculture no one knows about, that is shrouded change, on which we have set regula- Committee to do that—bring trans- in secrecy, what is to keep someone tions, an exchange that can provide for parency and integrity to the deriva- else from doing another custom deriva- margin calls, and which is open and tives markets. In the meanwhile, the tive on that derivative, and then a de- above board to everyone. Again, these CFTC must be at full capacity to keep rivative on that derivative? That is financial innovations we hear about, watch over the markets. We are count- what got us into this mess in the first like credit default swaps, collateralized ing on Mr. Gensler to be a strong voice place—derivatives on derivatives on de- mortgage obligations, collateralized at the helm of this important agency. rivatives on derivatives, ad infinitum, debt obligations—I did a little history With that, I yield the floor. with nobody knowing what was going on this. None of those existed prior to The ACTING PRESIDENT pro tem- on, without anybody knowing the 20 years ago. Most of them are within pore. The Senator from Georgia is rec- value of each of those. the last dozen years or so. ognized. To this day, Treasury has never been So I asked the question of a number Mr. CHAMBLISS. Mr. President, I able to tell us how they came up with of people at the Treasury Department, will speak a minute on Mr. Gensler. Be- the value of those derivatives. It is a and others—I asked what was the de- fore I do, I thank the chairman for kind of voodoo. It is some kind of mand for these financial instruments? making sure we got this nomination to mathematical calculation that they They didn’t exist before, especially the floor for confirmation. We have put into a computer somehow. Well, I credit default swaps. They literally wrestled with this nomination for sev- am sorry; I just don’t buy that. I be- didn’t exist before about 10 years ago. eral months now, and I will talk about lieve they all ought to be on a regu- What was the public demand or public that. lated exchange, open and above board, need for these? There wasn’t any. CDC’S NEW EXPANDED CAMPUS so anybody can look and see who is Someone described it to me. It is sort I thank Senator HARKIN also for com- trading what. If it is a custom deriva- of like Honey Nut Cheerios. I have been ing to Atlanta last Friday. We had a tive, fine; put it on a trading exchange, eating Cheerios since I was a kid. Did I great tour of the new campus—the a regulated exchange. Let the market demand that they put a honey nut in- fully expanded campus at the Centers decide whether it is customized or not, side each of those Cheerios? General for Disease Control, where we had the and then if somebody wants to sell a Mills had a new idea, and they came up opportunity to talk with folks first- derivative on that, put it right back on with Honey Nut Cheerios and marketed hand who are dealing with the H1N1 the exchange. To me, that is the only them with good advertising, and they virus. We both were reinforced about way we will ever get around this. thought everybody would like Honey the fact that issue is in the hands of I keep hearing noises out of Treasury Nut Cheerios now. highly skilled professional people at that they want to keep this loophole Fine, but that is what they did with the Centers for Disease Control. Sen- for some kinds of customized swaps. I credit default swaps. Some brainiacs up ator HARKIN has been very much a sup- know the swaps and futures industry there at MIT—the mathematicians who porter of the CDC for years in his posi- would like to have that. I understand went to work for the investment tion on the Appropriations Committee. -

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5584 CONGRESSIONAL RECORD — SENATE May 19, 2009 I thank him for taking time to come downreceived on a day this that nomination is very important on President to his familytaken—to and to see visit that with product us and eitherto also rise hold the nutri I thank him for taking time to come Obama’s first day in office—January in value or sometimes go lower in down on a day that is very important 20, 2009. value but that it will be their decision to his family and to visit with us and For the last few years, I have wit- that causes that and not some manipu- to also hold the nutrition hearing on nessed the troubling trend of stalled lation of the market that causes that. the CDC campus. We had an excellent CFTC nominations. The process starts The chairman and I have some dis- hearing, and we are going to be work- with the President sending Congress agreements over the direction in which ing together to get our nutrition reau- the nomination, the Senate Agri- we go, but there is no disagreement thorization bill to the floor in the very culture Committee holds a confirma- with the fact that there needs to be near future. tion hearing, and that is as far as it more transparency in the market. NOMINATION OF GARY GENSLER goes. In the case of Gensler, two of my There are some customized products Mr. President, I rise to support the Senate colleagues placed a hold on his that are going to be very difficult to nomination of Gary Gensler to be confirmation, which, in terms of Sen- regulate, and we have to be careful Chairman of the Commodity Futures ate procedure, effectively stalls the that we don’t stifle markets in this Trading Commission. Mr. Gensler’s nomination in its tracks. This has hap- country. They have worked well for nomination comes at a critical time. pened with almost every nominee to decades and decades, and they will con- Our Nation is facing very challenging the Commission in recent years. tinue to work well if we make sure issues in trying to address this eco- With Senate approval of this nomina- that we have the right policies in place nomic downturn. Many businesses, as tion, our job is still far from complete and that we don’t let the Federal Gov- well as the economy, depend upon the in ensuring that the CFTC has a full ernment get too much engaged in the commodity markets—both physical slate of Commissioners. We currently process, to the point where these indi- and financial commodities—to help have two Commissioners with expired viduals who make the decisions to manage costs, to hedge against risk, to terms. I would encourage the President trade on markets inside the United access liquidity, and to stay competi- to quickly send us the nominations of States get the feeling that the Govern- tive. It is a time where we really need the two remaining Commissioners so ment is becoming too engaged in the process and therefore they are going to these markets to be performing at that we can act quickly on both of take their business elsewhere, which their best, to be functioning trans- them. It is my understanding that the they can do. Every product that is parently and without manipulation. President, if he hasn’t already sent one The CFTC has been operating with an of those nominations over, will be bought on the market in the United Acting Chairman for approximately 23 sending one over today. I urge him to States can be bought in an overseas months now and a fully confirmed com- send the second one so that we can deal market. It can be bought from New York City or my hometown of mission has not been in operation since with both of them at the same time Moultrie, GA, just as easily as it can be 2006. This situation is largely due to and for the first time in several years bought on the U.S. market. So we have the recurring politics surrounding the have a fully confirmed and seated Com- to make sure we regulate those mar- nomination process. While not all Sen- modity Futures Trading Commission. kets in the right way but that we don’t ators will ever agree with everything With respect to Mr. Gensler, I have overregulate them so that we drive that any nominee supports, I am very had the opportunity to visit with him, those customers overseas to markets, concerned with the need to have a fully to go through his hearing with him, because we want to continue to encour- seated Commodity Futures Trading and to observe him. He is qualified, he age a strong and viable commodities Commission. The American people de- is capable, he knows the issues, and he market in this country. serve no less, particularly in these dif- is prepared for the job. I urge all of my As we move through the process of ficult times. Republican colleagues to vote in favor seeking to change our regulatory proc- As Congress seeks to deal with the of this nomination because I think this ess, I look forward to working with the current economic crisis and examines is one time where we have the oppor- chairman, as well as any number of our financial system, it is absolutely tunity in a bipartisan way to say to the other Members of this body who have a essential that the CFTC and the Senate President: If you send us reasonable lot of information about this issue. Committee on Agriculture, Nutrition and qualified nominees, we are not And believe you me, it is an extremely and Forestry are engaged in the de- going to stand in your way. We are not complex issue, but it is one we need to bate. Given our responsibility to en- going to be obstructionists. We are address, and we need to make sure at sure that the commodity markets func- going to help you put the right kinds of the end of the day that we have done tion properly, the CFTC must be en- people in place. our work in the right way and in a way gaged in discussions occurring both I am very pleased to say—since we that will be complementary of the mar- within the administration and within have had the vote today—that every kets and not in a way that is going to Congress relative to restructuring our single Republican who voted today be conflicting toward the markets. financial system and products that op- voted to confirm Mr. Gensler. With that, Mr. President, I yield the erate within it. The need for properly Let me close by talking for 1 second floor. functioning commodity markets is of about the comments my colleague The PRESIDING OFFICER (Mr. utmost importance to those utilizing from Iowa, Senator HARKIN, made with UDALL of Colorado). The Senator from products based on interest rates, ex- respect to the overall financial mar- Vermont. change rates, debt, and credit risks. kets and our need to modify some of Mr. SANDERS. Mr. President, for the Last year, we witnessed a major mar- the regulatory process. past 5 months, I blocked consideration ket disturbance and a subsequent myr- I agree with him that we need more of the nomination of Gary Gensler to iad of theories as to the cause of the transparency in the market. We don’t head the Commodity Futures Trading meltdown. Economists will study for know—and I don’t know that we will Commission, the CFTC. As a strong years to theorize just exactly what ever know—what caused this meltdown supporter of President Obama, I took caused the economy to buckle when it last year, but the one thing I do know no particular pleasure in doing that. did. In the meantime, we owe it to the is that as policymakers we have an ob- But given Mr. Gensler’s history as a American public to ensure that the ligation to make sure that when some- senior executive of Goldman Sachs for regulators who oversee these industries one buys a product on a commodities 18 years and the role Mr. Gensler are properly vetted and seated with the market, they should have the assur- played in deregulating the financial backing of the Senate. ance that somebody from a regulatory services industry as a senior Treasury Frankly, this vote has been too long standpoint is looking over the shoulder Department official from 1991 to 2001, I in coming. One of President Obama’s of the individuals who administer those did not believe Mr. Gensler was the first nominations for his new adminis- markets, so that when they buy some- right person at the right time to help tration was that of Gary Gensler to be thing, they know it is exactly what was lead this country out of the financial Commissioner and Chairman of the sold to them. They should have the as- crisis we find ourselves in today. In my CFTC. His nomination was announced surance that they are going to have the view, we need a new vision of what on December 18, 2008, and we officially opportunity—with the risks they have Wall Street should be—one that is not

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5585 obsessed with quick profits, bubble selves. The other component is the regula- ing in energy commodity derivatives mar- economies, and huge compensation tion of the marketplace. I believe it is best kets and owning energy infrastructure as- packages for top executives. We need that we implement both of these complimen- sets. Given the recent changes in the structure financial institutions which will invest tary components to bring the needed trans- parency, accountability and safety to the and composition of the financial and energy in a productive economy and which trading of OTC derivatives. industries this is an important issue. Gen- will help create millions of decent-pay- Market efficiency and price transparency erally, I believe the CFTC must be ever vigi- ing jobs as we rebuild our Nation and for OTC derivatives should be significantly lant in its oversight to protect the public rebuild the middle class. enhanced by: against fraud, manipulation, excessive spec- I am happy to say that last week I requiring the clearing of standardized ulation, and other market abuses in the en- had a productive meeting with Mr. products through regulated central ergy, agricultural and financial commodity counterparty clearinghouses; markets. As described in my answers above, Gensler, the second meeting I have had moving the standardized part of these mar- we need to adopt a comprehensive plan for with him. While Mr. Gensler is clearly kets onto regulated exchanges and regulated, the regulation of over-the-counter deriva- not the nominee I would have chosen transparent electronic trade, executions sys- tives—including those trading energy deriva- for this position, nor were his answers tems; tives. This should subject all dealers, includ- all that I would have liked, there is no requiring development of a system for ing those held by bank holding companies, to question in my mind that he is a timely reporting of trades and prompt dis- a robust regime of prudential supervision stronger nominee today than he was 5 semination of prices and other trade infor- and regulation. More specifically, I believe mation; months ago when I first met him. that derivatives dealers, including those held requiring that all OTC transactions, both by bank holding companies, should be sub- In preparation for the meeting last standardized and customized, be reported to ject to business conduct standards as de- week, I outlined a number of issues I a regulated trade repository; and scribed in Question 2, and speculative posi- wanted Mr. Gensler to respond to, and requiring clearinghouses and trade reposi- tion limits as described below in Question let me highlight some of Mr. Gensler’s tories to, among other things, make aggre- 3(b). written replies for my colleagues. gate data on open positions and trading vol- If confirmed, I look forward to working In terms of strongly regulating credit umes available to the public and to make with the Federal Reserve, other regulators, default swaps and other derivatives— data on any individual counterparty’s trades the Administration, and the Congress on this and positions available on a confidential important issue. something Mr. Gensler opposed in the basis to the CFTC and other regulators. (b) The CFTC should promulgate rules to Clinton administration—Mr. Gensler I also believe the CFTC should promote make sure that all bank holding companies now says: greater transparency by providing more use- that engage in derivatives trading are sub- I believe we must urgently move to enact ful and comprehensive data to the public. In ject to speculation limits. a broad regulatory regime that covers the my opinion, the rapid growth in commodity A transparent and consistent playing field entire over-the-counter- derivatives market- index funds was a contributing factor to a for all physical commodity futures should be place. As a key component of this reform, we bubble in commodity prices—including home the foundation of the CFTC’s regulations. should subject all derivatives dealers to: heating oil and crude oil—that peaked in Position limits must be applied consistently Conservative capital requirements; business mid-2008. The expanding number of hedge across all markets, across all trading plat- conduct standards; recordkeeping require- funds and other investors who increased forms, and exemptions to them must be lim- ments, including an audit trail; reporting re- asset allocations to commodities also put ited and well defined. quirements; and conservative margin re- upward pressure on prices. Notably, though, As part of the comprehensive plan de- scribed above, the CFTC should be provided quirements. I believe that the CFTC should no reliable data about the size or effect of with authority to set position limits on all be provided with authority to set position these two influential groups has been readily OTC derivatives to prevent manipulation and limits on all OTC derivatives to prevent ma- accessible to market participants. I believe excessive speculation. Such position limit nipulation and excessive speculation. Such the CFTC should promote greater trans- authority should clearly empower the CFTC position limit authority should clearly em- parency and market integrity by regularly to establish aggregate position limits across power the CFTC to establish aggregate posi- providing the public with better data regard- markets in order to ensure that traders are tion limits. ing the role of non-commercial traders in en- ergy and other markets. not able to avoid position limits in a market Mr. Gensler also wrote to me saying: If confirmed, I will work with the Congress by moving to a related exchange or market. I will work closely with Congress to pass to provide the CFTC with the additional au- If confirmed by the Senate, I will ask the legislation that will mandate registration of thority it needs to improve the transparency CFTC staff to undertake a review of all out- hedge fund advisers. In addition, I will work of the OTC derivatives market. I will also standing hedge exemptions, to consider the with agency staff to review all previously work with the CFTC staff to use the tools at appropriateness of these exemptions, and to granted exemptions from registration. the agency’s disposal to protect consumers, evaluate potential practices for instituting regular review and increased reporting by ex- Finally, Mr. Gensler told me in writ- investors, and farmers by promoting trans- parency through more sophisticated data emption-holders. ing that he supports: 4. Mr. Gensler should work to promulgate collection and dissemination. . . . actions to close the ‘‘London loop- 2. Establish conflict of interest rules and regulations within 3 months to require hedge funds that are engaged in derivatives trading hole’’ and ensure that foreign futures ex- firewalls limiting energy infrastructure af- to register with the CFTC. changes with permanent trading terminals filiates from communicating with energy an- The Administration has proposed that all in the U.S. comply with position limitations alysts and traders. advisers to hedge funds (and other private and reporting and transparency require- I believe we need to adopt a comprehensive pools of capital, including private equity ments that are applied to trades made on plan for the regulation of over-the-counter funds and venture capital funds) whose as- U.S. exchanges. derivatives markets. As a key component of sets under management exceed a certain Mr. President, I ask unanimous con- this reform, we should subject all derivatives threshold should be required to register. If dealers to: sent to have printed in the RECORD all confirmed, I will work closely with the Con- of Mr. Gensler’s written responses to conservative capital requirements; business conduct standards; gress to pass legislation that will mandate me dated May 14, 2009. record keeping requirements (including an registration of hedge fund advisers as part of There being no objection, the mate- audit trail); a comprehensive package of regulatory re- rial was ordered to be printed in the reporting requirements; and form. In addition, if confirmed, I will work RECORD, as follows: conservative margin requirements. with the agency staff to review all pre- The CFTC should have the authority to GARY GENSLER, NOMINEE FOR CFTC viously granted exemptions from registra- protect against fraud, manipulation, exces- CHAIRMAN tion as commodity pool operators. sive speculation, and other market abuses Furthermore, as part of the comprehensive (Response to Senator Sanders, May 14, 2009) within the OTC derivatives markets, includ- reform of the derivatives market, the CFTC 1. The CFTC should produce quarterly re- ing all energy derivatives, and by the deriva- should have the authority to police all ac- ports on its website describing the role de- tives dealers. tivities in the OTC derivatives markets—in- rivatives trading activities have in influ- Working with the Congress, such authori- cluding transactions entered into by hedge encing prices for each major energy com- ties to subject dealers to business conduct funds. If confirmed, I look forward to work- modity, including home heating oil and standards and to protect against market ing with other Federal agencies and the Con- crude oil. abuses could include the establishment of gress to achieve these objectives. I believe that we must urgently move to rules relating to conflicts of interest. If con- 6. Mr. Gensler should support revoking all enact a broad regulatory regime that covers firmed, I look forward to working with other ‘‘no-action’’ letters for Foreign Boards of the entire over-the-counter derivatives mar- Federal agencies and the Congress to achieve Trade that solicit or accept business from ketplace. This regime should consist of two these objectives. the U.S. main components. One component is the reg- 3. (a) Work with the Federal Reserve to I support actions to close the ‘‘London ulation of the derivatives dealers them- prohibit bank holding companies from trad- Loophole’’ and ensure that foreign futures

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5586 CONGRESSIONAL RECORD — SENATE May 19, 2009 exchanges with permanent trading terminals While I am still not convinced that on regulated markets to prevent any in the U.S. comply with the position limita- Mr. Gensler is the independent leader market player from amassing large po- tions and reporting and transparency re- we need at this time to head the CFTC, sitions that can harm markets. I have quirements that are applied to trades made the strong commitments he has made received assurances from the White on U.S. exchanges. Furthermore, I believe any foreign futures exchanges that have ter- recently in support of serious regula- House that the administration believes minals in the United States to which our in- tions of the financial industry lead me these position limits should be applied vestors have access and whose contracts are to believe he now understands the di- in the aggregate across all markets. based on the same underlying commodities rection we as a nation have to go. Mr. I still remain concerned about Mr. should have consistent regulation applied, Gensler certainly is a knowledgeable Gensler’s nomination to chair the Com- including position limits. person and he has the ability to do a modities Futures Trading Commission. If confirmed by the Senate, I look forward very fine job if he is willing, in fact, to Mr. Gensler was at the Department of to working with the Congress to give the the Treasury a decade ago and helped CFTC unambiguous authority to promulgate stand up for the American people and rules and standards to achieve these goals. assume the courage, the great deal of push through a bill, passed by Con- Such rules and standards governing treat- courage, he will need to stand up to the gress, that provided an ironclad protec- ment of Foreign Boards of Trade should re- very powerful financial institutions tion against the regulation of financial place the issuance of ‘‘no-action’’ letters in which have so much control over what products such as credit default swaps this regard. goes on here in Congress. In fact, this and derivatives at the heart of this fi- Mr. SANDERS. Mr. President, need- may be Mr. Gensler’s ‘‘Nixon in China’’ nancial crisis. The unfettered specula- less to say, I am encouraged by the moment. tion that resulted helped bring about commitments Mr. Gensler made to me I hope this turns out to be the case, not only the energy crisis in my region to regulate hedge funds, to make sure and I look forward to working with Mr. but decades of other problems that con- banks are not allowed to manipulate Gensler as he assumes the Chair of the tributed to the demise of AIG, Lehman the price of heating oil and crude oil, CFTC. Brothers, and Bear Sterns. and to prevent the enormous conflicts I yield the floor. I believe we need new blood at the of interest that exist with respect to The PRESIDING OFFICER. The Sen- CFTC and all regulatory agencies. We our energy markets, among many ator from Washington is recognized. need people who will move us from a other things. Ms. CANTWELL. Mr. President, I world of unregulated toxic assets to a In addition, last week the Obama ad- rise today to discuss the administra- world of transparency and aggressive ministration introduced a comprehen- tion’s truly historic announcement last oversight. For nearly three decades the sive plan to—for the very first time— week that in writing they supported financial industry has had its way in significantly regulate credit default bringing unregulated ‘‘dark’’ over-the- Washington, successfully pushing de- swaps and other over-the-counter de- counter derivative markets under full regulation in the name of innovation. rivatives. Exempting these invest- regulation for the very first time. Time-tested regulatory policies that For months I have been urging the ments from regulation was a huge mis- protected investors and consumers Obama administration to move quickly take that led to the $180 billion tax- since the Depression were systemati- and propose strong regulatory controls payer bailout of AIG, the collapse of cally eroded. Many factors led to the on these markets, to require trans- Lehman Brothers, and greatly contrib- present economic meltdown, but we parency in derivatives trading, and to uted to the worst financial crisis since know that chief among them was the restrict market manipulation. the Great Depression. With the announcement last week by policy advocated by Mr. Gensler of not Last March, I and a number of other Secretary Geithner of these new regu- fully regulating the derivatives mar- Senators asked the President to sup- lations, the administration has come ket. port strong regulations on these risky down decisively against dangerously A decade ago, at the end of the 106th investment schemes. The President’s unrestricted trading. They have come Congress, in the dark of night, Con- proposal accomplishes many—not all down on the side of imposing order on gress passed a law known as the Com- but many—of the goals we have been a marketplace whose collapse made the modities Futures Modernization Act. advocating. While this plan is not as current recession much deeper and But instead of modernizing commod- strong as I would have written and may more painful for average Americans ities trading, it took us back in time to have loopholes in it that need to be than it needed to be. the day when securities trading was closed, I believe we are headed in the The administration’s commitment to subject to wild speculation. This law, right direction to make sure a finan- bringing a ‘‘dark’’ market into light is backed by Mr. Gensler, provided iron- cial crisis of this magnitude never oc- very important. Congress has received clad protection against regulation and curs again. a written commitment from the ad- oversight of derivatives and has caused As a result of the greed, the reckless- ministration that they will bring the many problems. One courageous regu- ness, and the illegal behavior of Wall unregulated over-the-counter deriva- lator at the time, then CFTC chair- Street, our country has been thrown tives market under full regulation for woman Brooksley Born, warned Con- into a deep recession which has caused the very first time. gress and the financial community intense suffering for millions of our This means they have correctly iden- that unregulated derivatives would ex- people. We need to end the current era tified three goals of regulatory reform pose the economy to serious dangers. of financial deregulation which largely of the over-the-counter derivatives But some in Washington blocked her caused this crisis and move to a new markets. First, if Congress and the ad- efforts, including many on Wall Street. Wall Street which understands the ministration push through, we will fi- One high-ranking Treasury official need for long-term productive invest- nally gain transparency in the ‘‘dark’’ charged with pushing these deregula- ment and job creation rather than markets. All derivatives transactions tion bills through Congress was Gary short-term profits, outrageous salaries, and dealers will be brought under pru- Gensler, a former high-ranking execu- and a bubble economy. We need to dent regulation and supervision. That tive at Goldman Sachs. As Under Sec- break up financial institutions that are means even those that are customized retary of the Treasury, Mr. Gensler too big to fail. If a company is too big derivatives, not just the OTC market; testified before Congress that he op- to fail, that company is too big to so prudent regulation and supervision, posed regulating the derivatives mar- exist. We should do the same thing to including capital adequacy require- ket. Mr. Gensler, as we know, was the banking industry that Teddy Roo- ments, antifraud and antimanipulation wrong. Just yesterday Brooksley Born sevelt did to break up the oil compa- authority, very clear transparency and received recognition for her courage in nies. And we should stand up today, on reporting requirements. standing up to the powerful financial behalf of the American people, to our Second, standardized trading of phys- interests in proposing tough rules. She modern-day robber barons. Most impor- ical commodities and derivatives will was presented with the Profile in Cour- tantly, we need to end the era of de- finally be required to trade on fully age award by the John F. Kennedy regulation that has led to the worst fi- regulated exchanges. Foundation. nancial crisis since the Great Depres- Third, the administration is also Remarkably, the Senate is now con- sion. committed to opposing position limits sidering confirming Mr. Gensler to

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5587 serve as chair of the CFTC, the same advocated weakening CFTC oversight countable, shined light where others agency Brooksley Born chaired and the over futures trading. Mr. Gensler ad- were afraid to look and stood up to big same agency Mr. Gensler worked so mitted that those reforms had gone too business. hard to defang in his previous tenure as far, that he had learned from those Gary has integrity and a strong fam- Under Secretary of the Treasury. That mistakes, and that more sensible regu- ily. I have gotten to know Gary and his is why I oppose his confirmation to run lation by the CFTC is needed. I expect family as his wife Franchesca struggled the CFTC at a critically important him to stick to that sentiment and to and succumbed to breast cancer. I saw time when we need more financial reg- aggressively monitor trading under the the strength of Gary and his three won- ulation in these agencies. In the CFTC’s jurisdiction. derful daughters: Anna, Lee and Isabel. months ahead I will be looking forward I look forward to working with Mr. He has tried to help others whose loved to working with the CFTC and the Gensler to ensure that the CFTC is ones have cancer, and he was honored President’s working group on financial adequately funded and that the agency for his work on behalf of the American markets and the Department of the provides strong and sensible regulation Cancer Society. Treasury to actively engage Congress under his leadership. The future sta- President Obama has inherited a on the reforms that need to be passed bility of our economy depends on it. mess. Our economy is teetering and into law. Ms. MIKULSKI. Mr. President, I rise people have lost faith in the institu- I will be looking to the CFTC to do today in support of Gary Gensler’s tions that are supposed to protect its job, to prevent excessive specula- nomination to be Chairman of the them. We need a Chairman of the CFTC tion from stopping the Nation’s eco- Commodity Futures Trading Commis- who will enforce our laws, reform our nomic recovery. sion. regulatory system and guard us I will be looking to Mr. Gensler to I have known Gary for many years— against fraud and abuse. I have full earn the trust of Congress and provide when he worked in the Senate during confidence that Gary Gensler is up to oversight over the commodities and de- the Clinton administration, and as a this challenge. He will be a strong, ef- rivatives markets. community leader in Maryland. I know fective and reform minded Chairman of Mr. DURBIN. I rise to support the him to be a man of principle and great the Commodity Futures Trading Com- nomination of Gary Gensler for Chair- intelligence with a deep understanding mission. I urge my colleagues to sup- man of the Commodity Futures Trad- of all areas of domestic finance and port his nomination. ing Commission. how to turn ideas into workable policy. Mr. DODD. Mr. Chairman, I rise in I have a keen interest in the leader- During this time of great financial tur- support of the President’s nomination ship of the CFTC, based on my chair- moil and uncertainty, we need someone of Gary Gensler to be the Chairman of manship of the appropriations sub- with these skills to lead the Com- the Commodity Futures Trading Com- committee that funds the agency and modity Futures Trading Commission. mission. I have known Gary for some because the state of Illinois is home to I enthusiastically support Gary time and believe he is a dedicated and some of the most important futures ex- Gensler’s nomination for this impor- thoughtful public servant who has changes in the world. During this crisis tant position on President Obama’s emerged over the years as a leader of confidence in our economic system, economic team, and I applaud the ad- within his field and a person of real in- the CFTC needs a Senate-confirmed ministration for working to address my tegrity. Mr. Gensler’s previous career with chairman at the helm to oversee this colleagues’ concerns so Gary can fi- the investment banking firm of Gold- complex and growing industry. nally be confirmed. man Sachs and in the Treasury Depart- Mr. Gensler’s experience includes I have three criteria for considering ment, as well as his new work assisting stints on Wall Street, in the Clinton nominees: competence, dedication to this administration, along with his in- Treasury Department, and with the the mission of the department, and in- telligence, experience and personal Senate Banking Committee. He knows tegrity. Gary Gensler clearly meets skills, will enable him to be an effec- how the world of futures trading these criteria. His experience in all tive Chairman of the CFTC. works, and he understands how to get areas of domestic finance is stellar. He I am aware of his work in connection things done at both ends of Pennsyl- has worked in the executive branch, with the Commodity Futures Mod- vania Avenue. the Congress and on Wall Street. He ernization Act of 2000, a bill that con- He is going to need that expertise. was a top economic adviser to Senator tributed to deregulation of derivatives Last week, Treasury Secretary Paul Sarbanes on the Senate Banking markets. With the benefit of hindsight, Geithner announced the administra- Committee. And he worked under we can see the harms that an absence tion’s proposal for reregulating the Larry Summers during the Clinton ad- of regulation over credit default swaps, over-the-counter derivatives markets. ministration as Under Secretary of for example, can cause and the need for If confirmed, Mr. Gensler will be Treasury. regulation in the derivatives markets. charged with implementing much of The Commodity Futures Trading I have talked with him about these reg- that vision. The proposal will require Commission is an essential part of the ulatory issues, and I know he recog- far more transparency and responsi- financial regulatory system. Its deci- nizes the importance of an energetic, bility from derivatives traders that sions affect everyone who purchases assertive regulatory approach. have long operated in the shadows. The food or commodities including con- I fully expect Mr. Gensler to use his massive derivatives exposures taken on sumers and small businesses. I have al- talents and skills to effectively regu- by AIG and other largely unregulated ways stood for strong regulation with late the markets, learn from the past financial firms can’t continue. Mr. teeth. I applaud President Obama for and exercise his clear and independent Gensler will be responsible for seeing choosing an economic team that is judgment to protect and promote the to that. committed to this kind of reform. And integrity of the futures markets, and Mr. Gensler will also be charged with I am convinced Gary will be a great to protect taxpayers. I expect the Sen- eliminating the excessive speculation asset in carrying it out. ate will continue to exercise oversight in the oil and agriculture markets that We faced similar challenges in 2003. of decisions made by the CFTC that helped lead to $140 barrels of oil last Enron had just exposed giant cracks in may impact the broader financial mar- summer. I worked with many of my our regulations, flushed the savings of kets. colleagues to attempt to address that hundreds of thousands of people, and Mr. DORGAN. Mr. President, I wish issue last year, and many regulatory put our broader economy at risk. Con- to address today’s vote to confirm Mr. improvements were included in last gress needed to act boldly to set up Gary Gensler as a Commissioner and year’s farm bill. But the CFTC can do new regulations, just as we do now. Chairman of the Commodities Futures more. Those new regulations were called Sar- Trading Commission, CFTC. I have se- I met with Mr. Gensler in my office banes-Oxley. They were championed by rious reservations about this nomina- several months ago after President Senator Sarbanes and his top economic tion and am voting against it. Let me Obama nominated him for this posi- advisor at the time—Gary Gensler. explain why. tion. I asked him about his role during They rewrote the rules of corporate Mr. Gensler was a key proponent of the Clinton administration in which he America. They made business more ac- deregulation in the late 1990s and he

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5588 CONGRESSIONAL RECORD — SENATE May 19, 2009 specifically advocated that swaps and nothing, and do nothing, as oil prices the Obama-Biden Presidential Transi- other derivatives not be regulated. I skyrocketed from $50 to almost $150 tion Team. had the opposite view. I argued at the and a gallon of gas approached $5. Like Before Gary joined Treasury, he time that such deregulation would re- a parrot, the CFTC said over and over worked on Wall Street for 18 years at sult in banks making very risky bets this was caused by the fundamentals of Goldman Sachs. He became a partner which would ultimately lead to mas- supply and demand, ignoring all facts at the age of 30—at that time, one of sive taxpayer bailouts to save the fi- to the contrary, including massive the youngest partners in the firm’s his- nancial system. speculation from Wall Street pouring tory. He joined the firm in the mergers I regret that I was right. We now investment cash into the commodities and acquisitions department in 1979 know the disastrous consequences of markets. and assumed responsibility for the the push to deregulate. We will long re- The CFTC must investigate whether firm’s efforts in advising media compa- gret repealing the protections put in or not speculators were able to manip- nies in 1984. He subsequently joined the place after the Great Depression of the ulate and distort the commodities mar- fixed income division in the mortgage 1930s and the view that the market kets. I believe they did and they will do department and then directed Gold- knows best and regulation was the it again unless they are thoroughly in- man’s fixed income and currency trad- enemy. vestigated by an agency that takes its ing efforts in Tokyo during two record The costs for these views and actions mission to protect markets and con- years. His last role was cohead of fi- have been monumental. Taxpayers and sumers seriously. nance, responsible for worldwide con- American families have paid the price. While I am prepared to be surprised trollers and treasury for Goldman Our government has spent, lent or by Mr. Gensler and I hope I am, I sim- Sachs. guaranteed more than $13 trillion re- ply cannot vote for someone to lead Gary graduated summa cum laude sponding to the financial meltdown. In such an important agency after he had from the University of Pennsylvania’s addition, U.S. household wealth has de- such a critical role in ensuring that Wharton School in 1978, with a bach- creased by almost $13 trillion as home derivates were not regulated, which elor of science in economics. He re- values plummet and stock markets caused so much devastation across our ceived a master’s of business adminis- crash. country. I look forward to Mr. Gensler tration from the Wharton School’s But, that is not all. As our gross do- proving my concerns unwarranted. graduate division in 1979 and passed the mestic product goes down, our unem- Mr. CARDIN. Mr. President, I have Certified Public Accountancy exam. ployment rate goes up, getting close to known Gary Gensler for many years in Gary is a member of the board of En- 10 percent, and, when combined with both a personal and professional capac- terprise Community Partners, the those working part time who want to ity and I believe he is an ideal choice Park School, the RFK Memorial Foun- work full time, is actually higher than to chair the Commodity Futures Trad- dation, and the Washington Hospital 15 percent. ing Commission, CFTC. He will draw Center. He also serves as audit com- However, we must not forget that the on his many years of experience to help mittee chair of Strayer Education, real cost of these disastrous policies is the President create a 21st century reg- Inc., and WageWorks, Inc., and he much more than dollars and statistics. ulatory framework to ensure that an serves on advisory boards for Johns The real costs are lifetime savings van- economic crisis like the one we are ex- Hopkins University Center for Tal- ished, jobs lost, careers shattered, periencing will not happen again. ented Youth and New Mountain Cap- homes foreclosed, neighborhoods de- Today, we face a crucial time for the ital. He previously was treasurer of the stroyed, retirements deferred, colleges commodities markets, for our financial Baltimore Museum of Art and The unaffordable and the American dream system, and for our entire Nation. The Bryn Mawr School, as well as a board for too many of our neighbors dev- failure of the regulatory framework member of East Baltimore Develop- astated. that governs our financial markets ment, Inc., and the University of Mary- Now that all this wreckage has hap- helped create the current economic cri- land Baltimore County. pened and now that he has been nomi- sis. We all know that we face a grave nated for the CFTC, Mr. Gensler has As we look forward to fixing the sys- time for our economy. But we also face stated that he has changed his views on temic problems in our Nation’s econ- a time of tremendous opportunity to the need for and importance of regula- omy, the CFTC Chairman will play a learn from past mistakes and make tion. I welcome those new views and crucial role. We need someone with the certain they are not repeated. I know look forward to him putting his words tremendous depth and breadth of expe- that Gary Gensler will draw on his into action. If he does, I will be one of rience that Gary Gensler possesses. many years of experience in the public the first to come to the floor to ap- Gary served in the Department of and private sectors to help the new ad- plaud him. Treasury from 1997 to 2001, first as As- ministration guide our economy I met with him privately and Mr. sistant Secretary for Financial Mar- through these troubled times to a Gensler was candid and forthright kets and later as Under Secretary for stronger future. about changing his views. In our meet- Domestic Finance. As Under Secretary Mr. President, I suggest the absence ing and in his testimony before the of the Treasury, Gary was the senior of a quorum. Senate Agriculture Committee, Mr. adviser to Treasury Secretary Robert The PRESIDING OFFICER. The Gensler made clear that he now under- Rubin and later to Secretary Lawrence clerk will call the roll. stands how important the CFTC is as Summers on all aspects of domestic fi- The assistant legislative clerk pro- one of the key regulatory agencies nance. The office was responsible for ceeded to call the roll. charged with protecting the integrity formulating policy and legislation in Mr. REID. I ask unanimous consent of our markets. the areas of U.S. financial markets, that the order for the quorum call be I stressed to him that America can public debt management, the banking rescinded. no longer afford a do-nothing CFTC. system, financial services, fiscal af- The PRESIDING OFFICER. Without The CFTC has to be a cop on the beat. fairs, Federal lending, and government- objection, it is so ordered. It has to vigilantly monitor the com- sponsored enterprises. In recognition f modities markets and aggressively act for this service, Gary was awarded to ensure that they are not being ma- Treasury’s highest honor, the Alex- LEGISLATIVE SESSION nipulated or distorted by speculators ander Hamilton Award. He subse- The PRESIDING OFFICER. Under or anyone else. It has to act quickly in quently acted as a senior adviser to the previous order, the Senate will re- an unbiased and nonideological manner Senator Sarbanes, who chaired the sume legislative session. to protect those markets and con- Senate Banking Committee, on the f sumers. Sarbanes-Oxley Act, which reformed In my view, Mr. Gensler does not corporate responsibility, accounting, HELPING FAMILIES SAVE THEIR have to wait to put his words into ac- and securities laws. More recently, HOMES ACT OF 2009 tion. Last year, the CFTC acted like Gary led the Securities & Exchange The PRESIDING OFFICER. Under the three monkeys: see nothing, hear Commission Agency Review Team for the previous order, the Senate concurs

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Mr. President, I ask unan- the military commissions we estab- tainly, President Obama also bases his imous consent that the Senate proceed lished a couple years ago at the direc- not strictly on how the Europeans feel to Calendar No. 63, H.R. 2346, the Sup- tion of the Supreme Court. No one has about anything he does. I agree with plemental Appropriations Act, and ever escaped from Guantanamo. President Bush and JOHN MCCAIN that that once the bill is reported, Senator We need to think, once again, about Guantanamo should be closed. And we INOUYE be recognized to call up the the rightness of the policy of closing Democrats believe that President substitute amendment which is at the this facility. It presents an immediate Obama is following the direction of desk and is the text of the Senate com- dilemma. Among the 250 or so people others who have laid out the fact that mittee-reported bill, S. 1054; that the who are left there now are some of the it should be closed. substitute amendment be considered most hardened terrorists in the world, The decision to close Guantanamo and agreed to; the bill, as amended, be people who planned the 9/11 attacks on was the right one. Guantanamo makes considered as original text for purpose this country. We know how the Senate us less safe. However, this is neither of further amendments; and that no feels about bringing them to the the time nor the bill to deal with this. points of order be waived by virtue of United States. We had that vote 2 Both Democrats and Republicans this agreement. years ago. It was 94 to 3 against bring- agree. The Democrats, under no cir- The PRESIDING OFFICER (Mr. ing these terrorists to the United cumstances, will move forward without KAUFMAN). Without objection, it is so States. What we need is to rethink the a comprehensive, responsible plan from ordered. policy of closing this facility. If our ra- the President. I believe that is bipar- Mr. REID. Before Senator INOUYE is tionale for closing it is to be more pop- tisan in nature. I think the Repub- recognized, let me say to the Senate, ular with the Europeans, I must say we licans agree with that. And we will this is one of the most crucial pieces of don’t represent the Europeans. We rep- never allow terrorists to be released legislation we will deal with this entire resent the people of the United States. into the United States. That is what Congress. It involves funding of the We have a pretty clear sense of how the this is all about. troops in Iraq and Afghanistan. We people in this country feel about bring- I think this is the best way to ap- wish to make sure everyone who has ing these terrorists to the United proach this. I think the President will any concern about any provision of States. come up with a plan. Once that plan is this bill has the opportunity to try to I congratulate our good friends in the given to us, then we will have the op- change it any way they want. We want majority. They are heading in the right portunity to debate his plan. Now is to get this done as quickly as possible. direction. We know the President on not the time to do it. We want to make sure everyone has national security issues has shown The PRESIDING OFFICER. The Re- the opportunity to do what they be- some flexibility in the past. For exam- publican leader is recognized. lieve is appropriate. Finally, what I ple, he changed his position on releas- Mr. MCCONNELL. Mr. President, I wish to say is, we are very fortunate, ing photographs of things that oc- will add that both President Bush and as a Senate and a country, to have the curred at Abu Ghraib. He changed his Senator MCCAIN indicated they would two managers of this bill. I have stated position on the using of military com- like to close Guantanamo but never many times my affection and admira- missions and has now rethought that suggested a specific time for doing it. tion for Senator INOUYE. He is a person and opened the possibility that maybe The reason for that is they were con- whom the history books have already military commissions established by fronted with the realities of this deci- written about. Not only is he a heroic the previous administration and this sion. If there were a specific timeline, person in the fields of war but also in Congress are a good way to try these it was difficult to figure out what to do the fields of legislation. His colleague, terrorists. He rethought his position on with the detainees. Senator COCHRAN, is a person who has Iraq and moved away from an arbitrary In addition to that, this administra- wide respect on both sides of the aisle. timeline for withdrawal. We know he tion—at least the Attorney General— He is someone I have traveled parts of has now ordered a surge in Afghanistan has indicated there is a possibility they the world with. I have been working led by the same people who orches- are going to allow some of the Chinese with him for a quarter of a century. He trated and led the surge in Iraq which terrorists, the Uighars, to be released has been here longer than I have, but was so successful. So the President has in the United States not in a prison. In that doesn’t take away from the fact demonstrated his ability to rethink other words, presumably they would be that I recognize what a good Senator these national security issues. walking around in our country. So this he is and how fortunate are the people I am confident and hopeful he will issue is not totally behind us. in Mississippi to have him working on now, getting this clear message from Again, I congratulate our friends on this legislation and all other matters. both the House and the Senate on the the other side for their movement on He is someone I can go to and there is appropriations bill, begin to rethink this issue. All these problems have not no flimflam with COCHRAN. He tells the appropriateness of an arbitrary yet been solved. We all want to protect you: I can’t help you, here is what I timeline for the closing of Guanta- the homeland from future attacks. We want you to do. I think we will be well namo. know incarceration at Guantanamo served during this debate. I fully intend to support this amend- has worked. No one has ever escaped The PRESIDING OFFICER. The Re- ment. I hope all Members of the Senate from Guantanamo. publican leader. will. I thank Senator INOUYE and Sen- We know what happened when you Mr. MCCONNELL. Mr. President, I ator COCHRAN, who is here, for their had a terrorist trial in Alexandria, VA. say to my good friend the majority leadership on this bill. I particularly Ask the mayor of Alexandria. The leader, I understand he has laid down thank Senator INHOFE, who has been Moussaoui trial—it made their commu- an amendment to be offered by the one of our leaders on this subject for a nity a target for attacks. When they chairman of the Appropriations Com- long time and reminded everyone today moved Moussaoui to and from the mittee, our good friend from Hawaii, that he was down at Guantanamo not courtroom, they had to shut down and Senator INHOFE related to Guanta- too long after 9/11 and has been there a large sections of the community. namo. I am pleased the majority has number of times. I have been there my- It raises all kinds of problems if you recognized that the President’s policy self. We all know it is a state-of-the-art bring a terrorist to U.S. soil, about of putting an arbitrary deadline on the facility in which the detainees are ap- whether they are going to be granted, closing of Guantanamo is a mistake. A propriately and humanely treated. in effect, more rights by having the

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That is the dif- for the purchase of the all-terrain tions in presenting to the Senate the ference between their position and the MRAP vehicle and $500 million for fiscal year 2009 supplemental appro- position of the President. equipment for our National Guard and priations bill. This bill includes fund- Having said that, the President has Reserve forces. The committee also ad- ing to combat violent extremism in demonstrated, as I said earlier, a lot of dressed the readiness needs of the Navy Iraq and Afghanistan, and supports flexibility on these national security and provides for an increase in the en- other emergency requirements both at issues. I am hopeful he will continue to hancement of our intelligence surveil- home and abroad. work his way in the direction of a pol- lance and reconnaissance capabilities. This bill includes funding for the men icy that will keep America safe. For the Department of State and and women in the Armed Forces and Mr. President, I yield the floor. other international affairs funding, in- our diplomatic corps, and gives them The PRESIDING OFFICER. Under cluding the IMF, the committee rec- the resources necessary to carry out the previous order, the Senate will pro- ommends $11.9 billion, nearly the same the missions assigned to them by our ceed to the consideration of H.R. 2346, as the amount requested. The com- Government. which the clerk will report. mittee recommendation is similar to I commend the distinguished chair- The bill clerk read as follows: that requested, but I would note that man for moving this bill in a timely A bill (H.R. 2346) making supplemental ap- additional funding has been allocated manner to ensure that our service men propriations for the fiscal year ending Sep- for Jordan and for the Global AIDS and women have the resources they tember 30, 2009, and for other purposes. Program within the overall total. need while still allowing time for the The PRESIDING OFFICER. The Sen- For military construction, the com- Senate to carefully consider the bill. ator from Hawaii. mittee is recommending $2.3 billion, I hope this year we can complete ac- Mr. INOUYE. Mr. President, I wish to about the same as that sought by the tion on the supplemental in time to thank both leaders of the Senate for administration. avoid putting the Secretary of Defense their gracious remarks. The committee has recommended $1.5 in a position where he is compelled to Today, the Senate will begin to con- billion, as requested, for the swine flu, sider the request for supplemental ap- postpone acquisitions or transfer fund- and has worked with the administra- ing between accounts, and take other propriations for fiscal year 2009. As we tion to identify the best allocation of inefficient steps to maintain the flow all know, the President has requested these resources among the relevant $84.9 billion in new budget authority, of resources to our troops in the field. Federal agencies. This bill contains several important first, to cover the costs of ongoing op- Funding of $250 million is rec- initiatives that will strengthen our erations in Iraq and Afghanistan, and ommended for fighting wildfires, and military’s ability to prosecute its mis- it includes funds for the supporting $700 million is provided for inter- sion and improve the overall readiness costs to those operations, and to pre- national food assistance under PL–480. pare for natural disasters, including The committee has responded to of our forces. Several of these prior- wildfires and the swine flu. In addition, damage caused by natural disasters by ities were identified by the Department last Tuesday, the administration re- adding nearly $900 million to the of Defense but were not included in the quested proposals to increase the bor- amount requested for damage from President’s request. We were able to rowing power of the International Mon- flooding in the Midwest and in response fund these additional needs while stay- etary Fund. This proposal would cost to Hurricane Katrina. ing within the overall spending level $5 billion under the scoring of the Con- Each subcommittee was tasked with requested by the President for Defense gressional Budget Office. reviewing the President’s request in programs. After reviewing the President’s re- their jurisdiction and recommending The bill contains more than $18 bil- quest, the proposals made by the com- funding both for items in the request lion for military pay and benefits, in- mittee and included in the rec- and other items necessary to meet le- cluding $1.9 billion to cover shortfalls ommendation before you total $91.3 bil- gitimate emergency needs. not requested by the administration. lion, $1.3 billion above the President’s The vice chairman, Senator COCHRAN, The bill also includes funding for con- estimate. This amount is $5.4 billion and I also offered each subcommittee tinued operations, equipment repair below the measure just passed by the the opportunity to recommend ear- and replacement, and enhanced support House. I would point out that the marks or other nonemergency in- to wounded warriors and military fami- House did not consider the $5 billion re- creases so long as the costs were offset lies. quest for the IMF by the administra- within existing funding. The bill contains $4.2 billion for mine tion. As the Senate considers this bill, I resistant ambush protected vehicles. The President requested funding in would point out that under the budget This recommendation is $1.5 billion four basic areas: national defense, resolution, any item which seeks to more than the administration’s request international affairs, protection add funding to the bill will be subject and will help speed the delivery of an against swine flu, and funding in re- to a Budget Act point of order unless it ‘‘All Terrain’’ version of the vehicle to sponse to natural disasters, all of is offset. Afghanistan where harsh terrain chal- which I will briefly discuss. This is an important bill which re- lenges the mobility of our forces. The President’s request included $73.7 sponds to the requirements of our men The committee also recommends $332 billion for items under the jurisdiction and women in uniform and to members million above the President’s request of the Defense Subcommittee. The of our population who have been rav- to fund urgent requirements identified committee has provided $73 billion for aged by natural disasters. It also seeks by the Secretary of Defense’s Intel- this purpose. The remaining $700 mil- to protect our people and our country ligence, Surveillance, and Reconnais- lion was requested for programs that with funding to deter wildfires and the sance Task Force. These funds will be more appropriately are funded by other swine flu, in addition to terrorists. used to procure additional sensors, subcommittees, such as Military Con- This is a good bill. It is necessary to platforms, and communication systems struction; Commerce, Justice, State; deal with a myriad of problems. We that are critical for finding and neu- and Homeland Security. So in this should act expeditiously to pass it, get tralizing al-Qaida and insurgent forces. mark, we recommend transferring it to conference, and on to the Presi- To maintain the readiness of our these funds to the relevant subcommit- dent for his signature. Therefore, I join forces, the bill includes an additional tees. my leaders in urging my colleagues to $246 million above the President’s re- I would note there are several dif- help us attain quick passage of this quest for the Navy’s P–3 surveillance ferences between the specific items re- very important measure. aircraft. These planes are not only used

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5591 for maritime patrol, but also to sup- these matters will be thoroughly dis- on his amendment so that it would be port Army and Marine ground forces in cussed and that several Senators are the Inouye-Inhofe amendment. Iraq and Afghanistan. The funds will likely to propose amendments. Mr. INOUYE. No question about that. allow the Navy to procure wing kits Senators may also have amendments Is it the pending amendment at this needed to address structural fatigue relating to the International Monetary moment, the Inouye-Inhofe amend- issues that have led to the grounding of Fund. The bill reported by the com- ment? many of these aircraft. mittee includes language sought by the Mr. INHOFE. Mr. President, I can The committee also recommends $190 President to expand the United States clarify this. I had sent my amendment million above the President’s request commitment to the IMF. This request to the desk, which we don’t plan to for ship depot maintenance to address was submitted only a week ago, and take up, but I wanted it filed because damage done to three Navy vessels dur- there was very little time prior to the we have a number of cosponsors who, I ing recent mishaps. These repairs are committee markup in which to consult am sure, will want to join me in co- truly unforeseen emergencies, and the with the relevant authorizing commit- sponsoring the Inouye amendment, funds in this bill will help ensure these tees and other experts. I am not aware since it is the same amendment. ships return to the operational fleet as that there have been Senate hearings AMENDMENT NO. 1133 soon as possible. on this request. I look forward to fur- The PRESIDING OFFICER. The Although the President’s request did ther discussion of this important sub- clerk will report the amendment. not include funding in the National ject, but wish to express my concern The bill clerk read as follows: Guard and Reserve equipment account, that the manner in which this request The Senator from Hawaii [Mr. INOUYE], for the committee recommends $500 mil- has been presented could endanger the himself and Mr. INHOFE, proposes an amend- lion. Currently there are over 140,000 timely enactment of this supple- ment numbered 1133. National Guard and Reserve personnel mental. I hope that is not the case. The amendment is as follows: activated. This funding will help en- I would like once again to thank the (Purpose: To prohibit funding to transfer, re- sure those personnel have the resources Senator from Hawaii for the manner in lease, or incarcerate detainees detained at necessary to perform their duties. which he has put this bill together. I Guantanamo Bay, Cuba, to or within the These funds will be used to procure look forward to working with him to United States) equipment for National Guard and Re- get the bill to the President in a timely Strike section 202 and insert the following: serve units to be used to support com- fashion, and to beginning work in ear- SEC. 202. (a)(1) None of the funds appro- bat missions and taskings from State nest on the regular fiscal year 2010 ap- priated or otherwise made available by this Governors. propriations bills. We have a busy sum- Act or any prior Act may be used to transfer, release, or incarcerate any individual who The Defense title also contains $400 mer ahead of us. million for the Pakistan Counterinsur- was detained as of May 19, 2009, at Naval Sta- I urge my colleagues on the Repub- tion, Guantanamo Bay, Cuba, to or within gency Capability Fund. This new ini- lican side who may have amendments the United States. tiative proposed by the President is in- to the supplemental to contact us so (2) In this subsection, the term ‘‘United tended to bolster efforts to eliminate that we can make efficient use of the States’’ means the several States and the terrorist safe havens in the rugged bor- Senate’s time. District of Columbia. der region of Pakistan and Afghani- Mr. President, I know the Senator (b) The amount appropriated or otherwise stan. I understand the legitimate con- from Oklahoma wants to make a com- made available by title II for the Depart- cern raised by Senators who believe ment of Justice for general administration ment. I will yield first, though, to the under the heading ‘‘SALARIES AND EXPENSES’’ that such a program should be adminis- distinguished chairman. is hereby reduced by $30,000,000. tered by the Department of State, but The PRESIDING OFFICER. The Sen- (c) The amount appropriated or otherwise I believe the needs of the commanders ator from Hawaii. made available by title III under the heading on the ground warrant short-term AMENDMENT NO. 1131 ‘‘OPERATION AND MAINTENANCE, DEFENSE- WIDE’’ under paragraph (3) is hereby reduced funding for the Defense Department (Purpose: In the nature of a substitute) until this program can be effectively by $50,000,000. Mr. INOUYE. Mr. President, I send an transferred to the State Department. The PRESIDING OFFICER. The Sen- amendment to the desk on behalf of While this supplemental is predomi- ator from Hawaii. Senator COCHRAN and myself and ask nantly focused on American efforts Mr. INOUYE. Mr. President, this for its immediate consideration. abroad, I am pleased that the bill also amendment has been discussed rather The PRESIDING OFFICER. The responds to emergencies here at home. fully by our two leaders. clerk will report. The bill includes several provisions to I now yield to Senator INHOFE. The bill clerk read as follows: aid in my State’s ongoing recovery The PRESIDING OFFICER. The Sen- from Hurricane Katrina, including The Senator from Hawaii [Mr. INOUYE], for ator from Oklahoma. funding to restore the federally owned himself and Mr. COCHRAN, proposes an Mr. INHOFE. Mr. President, I thank amendment numbered 1131. barrier islands that serve as the first the Senator for yielding. line of protection for the Mississippi (The amendment is printed in today’s First of all, I heard the dialogue coastline. These islands were signifi- RECORD under ‘‘Text of Amendments.’’) going back and forth on the amend- cantly diminished by Katrina, and ac- The PRESIDING OFFICER. Under ment and the positions taken several cording to a Corps of Engineers’ study the previous order, this amendment is times in statements made, and there their restoration will go a long way to- adopted and is considered as original are several people in this Chamber who ward mitigating future damage. text, with no points of order being want to close Guantanamo Bay. I greatly appreciate the bipartisan waived. Let me make it very clear: I have manner in which the chairman worked Mr. INHOFE. Mr. President, will the never had any intentions of wanting to with me and other members on our side Senator yield? close it. I keep asking: What would be in crafting this bill. He and his staff Mr. INOUYE. Mr. President, I am the reason someone would want to have been very open to requests, even pleased to yield. close an asset that we have that can’t while producing a bill that adds very AMENDMENT NO. 1133 be replaced anywhere else? My feeling little to the top-line amount requested Mr. INHOFE. Mr. President, I am a was since there was no answer to that, by the President. little confused as to where we are. I and since this is one of the few good In this bill, Chairman INOUYE made a have an amendment I do want filed. It deals, I say to both the distinguished sincere effort to respond to security is amendment No. 1132 at the desk chairman and ranking member of the concerns at Guantanamo Bay without right now. I say to the senior Senator Appropriations Committee: Have you denying outright the resources re- from Hawaii that it is essentially the ever had a better deal than this? quested by the President to analyze same thing as the wording of an It costs us $4,000 a month, the same and implement closure of the facility. I amendment he will be bringing up. price it cost us back in 1903, and it is a understand, however, that the funding My request of the Senator—and I great $200 million facility. It has facili- and language relating to Guantanamo cleared this with the Senator from Mis- ties to try these cases. They have the remain controversial. I anticipate sissippi—is that I be the first cosponsor expeditionary legal complex there,

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5592 CONGRESSIONAL RECORD — SENATE May 19, 2009 which they don’t have anyplace else. ney General—came back with a report and operatives. These people are tough So if you close that down, you couldn’t that the conditions and the cir- guys. We are going to have to do some- have the tribunals. Somehow they cumstances under which these detain- thing with them. So I do support the might end up being—I am talking ees exist are probably better than any Inouye-Inhofe amendment. about the terrorists—in our court sys- of our Federal courts. Right now, there I yield the floor. tem, in which case the rules of evi- is one doctor for every two detainees, The PRESIDING OFFICER. The Sen- dence are different. and they are giving them treatments ator from Illinois. So for any number of reasons, and be- they never had before. I have been Mr. DURBIN. Mr. President, I wish to cause everyone who goes down there— down there numerous times only to speak to the pending amendment. and I am talking about even Al-Jazeera find out that their treatment—the food The PRESIDING OFFICER. The Sen- the media goes down and comes back they are eating and all of that—is actu- ator is recognized. and shakes their heads and wonders ally better than they had at any other Mr. DURBIN. Mr. President, I want why we would want to close it. time during their lifetimes. to commend the chairman of the Ap- So I want to go on record that I want So it is very difficult to look at a propriations Committee, Senator to go further than just not funding suggestion such as this. Seeing where INOUYE, for this amendment he has of- Guantanamo, but also what we are this, to me, is the only place in the fered. President Obama is formulating going to be doing with some 245 detain- world where they actually are set up to a plan in terms of the future of the ees. Hopefully, we can end this discus- handle these types of detainees, the Guantanamo Bay detention facility sion about closing an asset that has suggestion was made that perhaps they and any appropriation at this moment served us very well for a number of wanted to—they were looking for 17 would be premature. We should wait years. places in the continental United States until the administration submits that So I wholeheartedly support the to put these detainees. My view at that plan and then try to work to imple- Inouye amendment, which is the same time was that we would end up having ment that plan on a bipartisan basis. language I had in my amendment. I 17 targets for terrorism. What I find incredible are the Mem- think that will pretty much accom- One of those places they suggested bers of the Senate who are coming to plish what I wish to accomplish. was in my State of Oklahoma at Fort the floor and basically suggesting that The PRESIDING OFFICER. The Sen- Sill. So I went down to Fort Sill to the Guantanamo detention facility ator from Mississippi. look at the detainee facility there. Ser- should stay open indefinitely; that Mr. COCHRAN. Mr. President, I ask geant Major Carter, who is in charge of there is no reason to close Guanta- unanimous consent that the Senator it, said to me: Senator, why in the namo. I don’t understand that think- from Alabama, Mr. SHELBY, be added as world would they close down Guanta- ing. Wasn’t it President Bush of the a cosponsor to this amendment. namo? Republican Party who called for clos- The PRESIDING OFFICER. Without She said: I have been there on two ing Guantanamo? I thought he did. In objection, it is so ordered. fact, he did. I don’t recall the Repub- Mr. INOUYE. Mr. President, I suggest different tours and there is no place lican Senators standing up at that the absence of a quorum. that can handle detainees better. Be- The PRESIDING OFFICER. The sides that, there is a court system point and objecting when President clerk will call the roll. there where they can actually conduct Bush said that was his goal, to close The bill clerk proceeded to call the tribunals, and there certainly is not in Guantanamo. roll. Fort Sill, OK. Mr. INHOFE. Will the Senator yield? Mr. INHOFE. Mr. President, I ask So in support of what we are doing Mr. DURBIN. No, I will yield when I unanimous consent that the order for with this amendment, some 27 States am finished. the quorum call be rescinded. now have expressed themselves that When President Obama was elected, The PRESIDING OFFICER. Without they don’t want to have these detain- he made it clear that we were going to objection, it is so ordered. ees, any of them, in their States. We have a clean break from some of the Mr. INHOFE. Mr. President, let me are talking about State legislatures. policies of the past and we were going do this, if it is all right with the Sen- So that is over half of the State legis- to try to reestablish America’s position ator from Hawaii. There are apparently latures that are saying they wouldn’t in the world—a position of leadership several people wanting to come down want to do that. and respect. I think that is a goal and speak on this bill, and I think Sen- So I think if we have an asset, if we Americans heartily endorse, both polit- ator DURBIN is going to be coming have something that is working, we are ical parties and Independents as well. down. So while we are waiting, instead in a position to keep detainees there. The results of the November 4 election of sitting in a quorum call, let me men- Some of them have to be there for a last year indicate that. tion that on my bill we had Senators long period of time. The only choice When President Obama took office BARRASSO, BROWNBACK, DEMINT, would be to keep them there or to try and said that the Guantanamo Bay de- JOHANNS, ROBERTS, THUNE, VITTER, them. If you try them and there is no tention facility would be phased out SESSIONS, CORNYN, COBURN, HUTCHISON, way of disposing of them after the over a 1-year period of time, when he and BENNETT, I believe, who all wanted trial, they would have to go back. said we were going to do away with to be or were cosponsors of my amend- Right now, of the 245 detainees, there some of the interrogation techniques ment. are 170 of them whose countries would that had become so controversial, I felt Since this is the same amendment, not take them back. So you have to it was a statement of principle and it they also requested that—some of them ask the question: What would we do was, practically speaking, important wanted to come down and speak on be- with them? for our Nation to do. half of this amendment. So if it is ac- So the bottom line is this: It is a Arthur Schlesinger, Jr., a historian ceptable, we could wait until they get state-of-the-art prison. People are who died a couple of years ago, wrote down here. Until they do, I wish to per- treated right. They have proper med- histories of the United States begin- haps elaborate a little bit more about ical care. They have better food than ning with the age of Jackson through what is existing there right now in most of them have ever had before. Be- F.D.R. and John F. Kennedy. Before he terms of any problems. sides that, some of these are the Khalid died, he said: A lot of times people are talking Sheikh Mohammed-type of individuals No position taken has done more damage about maybe this is perceived by Euro- whom we want to be sure don’t get in to the American reputation in the world— peans, or somebody else, to be an insti- the wrong court system where some- ever. tution that sometimes is perhaps thing could happen to them. The tragic images that emerged from guilty of or accused of torturing de- So of the 240 detainees now, 27 are Abu Ghraib and the stories that came tainees. Let me assure my colleagues members of al-Qaida’s leadership cadre, out afterwards, unfortunately, left an that has never happened. There has 95 lower level al-Qaida operatives, 9 impression in the minds of people never been a case of waterboarding. members of Taliban’s leadership cadre, around the world that was mistaken— Most of the people who have come 92 foreign fighters—that is 38 percent an impression that we were not a car- back—including Eric Holder, the Attor- of all of them—and 12 Taliban fighters ing, principled people.

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5593 I think President Obama’s decision administration released literally hun- lead to the resolution of all cases of Guanta- to move forward toward the closing of dreds of detainees who were brought namo detainees. the Guantanamo Bay detention facility there, many of whom were later deter- That is a responsible statement. I ap- was the right decision, but it wasn’t mined by the Bush administration not plaud my Republican colleagues for just President Obama who came to to be any threat or guilty of any stepping up and acknowledging that that conclusion. Closing the Guanta- wrongdoing. They were sent back to this President is trying to do the right namo Bay detention facility is an im- their countries of origin or to other thing. It doesn’t benefit the debate for portant national security priority for countries that would receive them. people to come here and create a spec- our Nation. Many national security One particular case I am aware of in- ter of fear, that somehow this Presi- and military leaders agree that closing volves a young man who was from dent—or any President—would be Guantanamo will make us safer. Gaza. He was turned over as a sus- party to releasing dangerous people Let me give a few examples: General pected terrorist and sent to Guanta- into the United States. Colin L. Powell, the former Chairman namo. He was sent there at the age of Last week, Senator LINDSEY GRAHAM of the Joint Chiefs of Staff and former 19. He languished in Guantanamo for 6 said: Secretary of State under President years, never being charged with any I do believe we need to close Guantanamo Bush, Republican Senators JOHN wrongdoing. Just last year, his attor- Bay. I do believe we can handle 100 or 250 MCCAIN and LINDSEY GRAHAM, and ney was given a communication by our prisoners and protect our national security former Republican Secretaries of State Government that said: We have found interests, because we had 450,000 German and Japanese prisoners in the United States. So James Baker, Henry Kissinger, and no evidence of wrongdoing by this man this idea that they cannot be housed some- Condoleezza Rice. who is your client, and he is free to where safely, I disagree. The two most vocal supporters of leave as soon as we can determine But some Republicans have decided keeping Guantanamo open are former which country will accept him. A year to turn Guantanamo into a political Vice President Dick Cheney and talk and 3 months have passed since then. issue on the floor. Some have even show host Rush Limbaugh. With all He still sits in Guantanamo. He came gone so far as to claim the President due respect, when it comes to the na- there at the age of 19; he is now 26. Is wants to release terrorists into the tional security of the United States of that justice in America? Is that an out- United States. This is an absurd, offen- America, I will side with Colin Powell come we applaud? Do we want to keep sive, and baseless claim. and JOHN MCCAIN over Vice President Guantanamo open so he can continue Our colleagues on the other side of Cheney and Rush Limbaugh. sitting there year after year? Of course the aisle are criticizing the President, According to experts, Guantanamo not. We want to detain those who are but the sad reality is that they have no Bay, unfortunately, has become a re- dangerous and bring to trial those who plan to deal with the Guantanamo cruiting tool for al-Qaida that is hurt- can be charged with criminal wrong- problem. ing America’s security. doing. We want to release those who Richard Clarke, President George W. Let me give one example. Retired Air are innocent and of no harm to the Bush’s first counterterrorism chief, Force MAJ Matthew Alexander led the United States. said the following last week: interrogation team that tracked down The President is taking the time to Abu Musab al-Zarqawi, the leader of Recent Republican attacks on Guanta- carefully plan for the closure of Guan- namo are more desperate attempts from a the al-Qaida operation in Iraq, and this tanamo in a way that will protect our demoralized party to politicize national se- is what he said: national security. One thing is emi- curity and the safety of the American peo- I listened time and again to foreign fight- nently clear, and it is almost painful ple. ers, and Sunni Iraqis, state that the number for me to have to say the words on the Let me address one specific claim— one reason they decided to pick up arms and Senate floor, and if anybody suggests that transferring Guantanamo detain- join al-Qaida was the abuses at Abu Ghraib and the authorized torture and abuse at otherwise, I cannot imagine they would ees to U.S. prisons will put Americans Guantanamo Bay. . . .It’s no exaggeration to do it in good faith, but I will say them at risk. say that at least half of our losses and cas- anyway. This President of the United Last week, Philip Zelikow, who was ualties in that country have come at the States will never allow terrorists to be the Executive Director of the 9/11 Com- hands of foreigners who joined the fray be- released in America. mission and counselor to Secretary of cause of our program of detainee abuse. This President has set up three task State Condoleezza Rice, testified before This is not a statement that comes forces to review interrogation and de- the Judiciary Committee. Mr. Zelikow out of some leftwing publication. It is tention policies and conduct an indi- told me that it would be safe to trans- a statement by a retired Air Force vidualized review of each detainee who fer Guantanamo detainees to U.S. fa- major, Matthew Alexander. is currently held at Guantanamo. cilities and that we are already holding I visited Guantanamo Bay in 2006. I These task forces are staffed by career some of the world’s most dangerous left proud of the good job our soldiers professionals with extensive experience terrorists in the United States. and sailors were doing there. They are in intelligence and counterterrorism. Here are a few examples of those cur- being asked to carry a heavy burden of They will make recommendations on rently being held in American prisons: the previous administration’s policies. how to close Guantanamo and what our Ramzi Yousef, the mastermind of the For many years, President Bush an- interrogation and detention policies 1993 World Trade Center bombing; 9/11 nounced publicly that he wanted to should be. We should give these na- conspirator Zacarias Moussaoui; Rich- close the Guantanamo detention facil- tional security experts the time to con- ard Reid, the so-called shoe bomber; ity, and there were no complaints from duct a careful review and make their and numerous al-Qaida terrorists re- the Republican side of the aisle when recommendations. sponsible for bombing the U.S. Embas- President Bush made that suggestion. The Obama administration’s ap- sies in Kenya and Tanzania. But President Bush didn’t follow proach is in stark contrast to the pre- If we can safely hold these individ- through. vious administration, where policies uals, I believe we can also safely hold Now President Obama has taken on were made by political appointees with Guantanamo detainees. I don’t know if the challenge of solving this problem no background in counterterrorism. this will be part of the President’s rec- that he inherited from the Bush admin- They ignored concerns expressed by ommendation or plan. We are still istration. FBI agents and military personnel with waiting for that. I listened here as the previous speak- years of experience in dealing with al- I should make it clear in this debate er talked about the dangerous people Qaida. that no prisoner has ever escaped from at Guantanamo. There is no doubt that When the President issued his Execu- a U.S. Federal super-maximum secu- some of them are dangerous and have tive order, Republican Senators JOHN rity facility. to be regarded as such, and releasing MCCAIN and LINDSEY GRAHAM said: President Obama inherited this them would not be in the best interest We support President Obama’s decision to Guantanamo problem from the pre- of the security of the United States. close the prison at Guantanamo, reaffirm vious administration. Solving it will But having said that, since Guanta- America’s adherence to the Geneva Conven- require leadership and difficult choices, namo was opened initially, the Bush tions, and begin a process that will, we hope, and it will take some time.

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5594 CONGRESSIONAL RECORD — SENATE May 19, 2009 I think the decision by Senator ees there would be considered terror- To top it all off, earlier this year, the INOUYE to remove this money from the ists. Well, that is 120 terrorists who Vice Chief of Naval Operations re- supplemental is the right decision. The would be brought to facilities on our viewed conditions at Guantanamo and supplemental covers the next 4 months. soil; 120 terrorists who would entice issued a report that the detainees’ con- During that period of time, the Presi- their brothers in arms worldwide to finement conformed to the Geneva dent will come out with his plan, and make every effort to break them out or Conventions. Despite public percep- we can work forward from there. at least wreak havoc on places where tion, no detainee has ever been The President is showing that he is they are jailed; 120 terrorists whose waterboarded at Guantanamo. willing to lead and make hard deci- trials and hearings will cause a com- Why would we throw away a $200 mil- sions. I urge my Republican colleagues munity to virtually lock down every lion, state-of-the-art facility just to to pay close attention to their col- time they have to be transported from meet an artificial deadline in 2010 that leagues, Senators MCCAIN and GRAHAM, point A to point B. I think really originated from an unin- who I think have been reasonable in Last Friday, I had the opportunity to formed campaign promise? discussing this issue. We should not actually go to Guantanamo and visit These are very dangerous people play politics with national security. the prison. Having seen the facilities, I being held at Guantanamo. These are Give the Obama administration a am more confident than ever that we not a couple of teenagers who robbed a chance to present their plan for closing should keep Guantanamo operating. corner convenience store. There are 27 Guantanamo. As Colin Powell, JOHN On my visit, I saw firsthand the members of al-Qaida’s leadership cadre MCCAIN, and many others have said, treatment detainees receive there. The currently housed at the prison, plus 95 closing Guantanamo is an important facilities there rival any Federal peni- lower level al-Qaida operatives, which step toward restoring American values tentiary. Detainees receive three meals combined is about half the prison popu- and actually making America a safer per day that adhere to cultural dietary lation at Guantanamo. There are also country. requirements. scores of Taliban members and foreign I yield the floor. They stay in climate-controlled fighters. The PRESIDING OFFICER. The Sen- housing with beds. It was a warm day There was a survey that was done ator from Nebraska is recognized. when we were there. Their housing is awhile back—it was released in April— Mr. JOHANNS. Mr. President, I rise air-conditioned. They have flushing and it indicated that 75 percent of today to commend President Obama on toilets and had all of the hygiene items Americans oppose releasing Guanta- his recent decision to continue mili- we would use, such as toothbrushes, namo detainees in the United States, tary commissions at Guantanamo Bay. toothpaste, soap, and shampoo. They while only 13 percent support that. I I think the decision shows the Presi- have the opportunity to worship unin- am willing to bet the numbers opposing dent’s realistic assessment of the value terrupted. They are provided prayer the transfer of prisoners to the United of the commissions. Resuming them beads, rugs, and copies of the Koran. States would skyrocket even higher, will also ensure that justice will be The Muslim call to prayer is observed brought to the suspected terrorists cur- although that is hard to imagine, if in the camps five times a day, followed rently awaiting the commission. The you told people that the terrorist de- by 20 minutes of uninterrupted time to President has also shown an invig- tainees would be held in a prison near practice their faith. In fact, we hap- orating commitment to winning the their town. But if moved to the United pened to be there during the call of the war in Afghanistan, and he has resisted States, they have to be near some prayer, and the camp literally shuts brash decisions to exit Iraq before the town. security situation has been fully sta- down to allow them to have that time. The President submitted an $80 mil- bilized. They have access to satellite TV and a lion funding request for the detainees However, today, I must temper my library with more than 12,000 items in to be transferred, despite having no comments with an admonition. The 19 languages, including magazines, plan outlining their destination. Fifty President needs to reverse his order to DVDs, and Arabic newspapers. I will million dollars of the President’s fund- close Guantanamo Bay. We are all fa- bet their big-screen television—really ing request would go to the Depart- miliar with the President’s Executive state-of-the-art television—is bigger ment of Defense to actually transfer order. It was signed in the first hours than most in the average home in the detainees from the prison. But we of his Presidency. It announced the clo- America. don’t know where. This lack of a plan sure of the prison within 1 year. To say Most remarkable, though, is the med- and lack of transparency deeply dis- the Executive order is short on detail ical care provided to detainees at turbs me. is an understatement. We have learned Guantanamo. Most people don’t realize Alarmingly, two of the sites on U.S. that the Justice Department is review- this, but detainees receive the same soil that some speculate would house ing the cases of the individual detain- quality of medical care as the U.S. transferred detainees are at Fort Leav- ees and that the President would like servicemembers who guard them. They enworth, KS, or the supermax facility to move the detainees somewhere else. have access to medical care anytime in Colorado. Both facilities are within That is really all the Executive order they need it, and there is a two-to-one 250 miles of the Nebraska border. That tells us. detainee-to-medical-staff ratio. They alarms me and my constituents. That About 240 detainees are now being get preventive care, such as vaccina- is why I sent a letter to Attorney Gen- held at Guantanamo Bay. The adminis- tions and cancer screenings. In addi- eral Holder on April 23 requesting a tration claims that not every detainee tion to routine medical care, detainees personal briefing before any decision is is a terrorist and that a few are kept at have been treated for preexisting med- made to move current Guantanamo de- Guantanamo simply because other ical conditions, even to the extent of tainees within 400 miles of Nebraska’s countries are very slow to accept them. receiving cancer treatment or pros- borders. Well, let me tell you, in my judgment, thetic limbs. This is likely better But simply being notified that de- that speaks volumes about the char- treatment than they would receive in tainees are about to be transferred acter and the fitness for society of their home countries. won’t suffice. That amounts to telling these detainees. Other countries are The courtroom constructed at Guan- the passengers to hold on before the literally dragging their feet in accept- tanamo was designed specifically to bus crashes. It is for these reasons that ing them. In April, the President of deal with military commissions. I am a I believe we should deny funding to France famously agreed to accept one lawyer myself, and I have to tell you transfer detainees and in fact not close detainee. A number of countries, such that I have never seen anything like the prison at Guantanamo. It is for as Germany and Lithuania, have only this. To say that it is state of the art these reasons that I support S. 370, the said they will consider accepting de- is to understate the quality of that Guantanamo Bay Detention Facility tainees, despite the Attorney General’s courtroom. I will tell you that I am Safe Closure Act of 2009, introduced by round-the-world tour to ask our allies convinced there is not another court- the senior Senator from Oklahoma. to accept more. room anywhere in the world with bet- The bill prohibits Federal funds from Let’s assume the administration’s ter equipment than what we have in- being used to transfer any detainees projection that only half of the detain- stalled at Guantanamo. out of Guantanamo to any facility in

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5595 the United States or its territories. It tainees once they are released from (4) The Speaker of the House of Represent- also prohibits any Federal funds from U.S. custody. atives. being used for the construction or en- Many of the remaining 240 detainees (5) The minority leader of the House of hancement of any facility in the at Guantanamo are from Yemen, which Representatives. has no rehabilitation program to speak (6) The Chairman and Ranking Member on United States in order to house any de- the Committee on Armed Services of the tainee. Finally, it prohibits any Fed- of, and Saudi Arabia, which has a rehab House of Representatives. eral funds from being used to house or program, but which, frankly, hasn’t (7) The Chairman and Vice Chairman of the otherwise incarcerate any detainee in been very successful at keeping re- Permanent Select Committee on Intelligence the United States or its territories. It leased detainees from rejoining the of the House of Representatives will keep our communities safe by pre- fight even after they go through this (c) MATTERS TO BE INCLUDED.—Each report venting terrorists from being thrust rehabilitation program. The recidivism required by subsection (a) shall include the into our cities and towns. among released detainees is of great following: I will close by reminding Senators concern to those of us who have over- (1) The name and country of origin of each detainee at the detention facility at Guanta- that in 2007, the Senate voted 94 to 3 to sight responsibilities here in Congress. namo Bay, Cuba, as of the date of such re- express its opposition to moving Guan- So according to my amendment, the port. tanamo detainees to U.S. soil or releas- President would have to report to Con- (2) A current summary of the evidence, in- ing them into American society. Presi- gress before—I repeat, before—releas- telligence, and information used to justify dent Obama’s Executive order to close ing any of the detainees at Guanta- the detention of each detainee listed under the prison at Guantanamo dem- namo. More specifically, the adminis- paragraph (1) at Guantanamo Bay. onstrates his intention to ignore the tration would have to certify that any (3) A current accounting of all the meas- will of the Senate and the American detainee it wishes to release prior to ures taken to transfer each detainee listed under paragraph (1) to the individual’s coun- people. Despite an overwhelming vote, submitting this report poses no risk— try of citizenship or another country. the administration apparently still no risk—to American military per- (4) A current description of the number of plans to bring terrorist detainees from sonnel stationed around the world. individuals released or transferred from de- Guantanamo near our communities. This is a simple amendment that re- tention at Guantanamo Bay who are con- I hope we have the opportunity to flects the concerns of Americans about firmed or suspected of returning to terrorist once again address this issue. There is the dangers of releasing terrorists ei- activities after release or transfer from a pending amendment which I support. ther here or in their home countries Guantanamo Bay. But I also urge the President to recon- where they could then return to the (5) An assessment of any efforts by al sider his decision to close the prison. I fight. Until now, the administration Qaeda to recruit detainees released from de- tention at Guantanamo Bay. encourage my colleagues to support has offered vague assurances it will not (6) For each detainee listed under para- the amendment that is before this body do anything to make Americans less graph (1), a threat assessment that in- to deny funding for closing the prison. safe. This amendment says that Ameri- cludes— I look forward to a robust debate on cans expect more than that. Americans (A) an assessment of the likelihood that this issue as we delve into this very im- want the assurance that the Presi- such detainee may return to terrorist activ- portant matter. Amendments will be dent’s arbitrary deadline to close ity after release or transfer from Guanta- offered. I think this is the most impor- Guantanamo by next January will pose namo Bay; tant issue we are going to face in a no risk to our military servicemembers (B) an evaluation of the status of any reha- long time. Action to close the prison bilitation program in such detainee’s coun- overseas. try of origin, or in the country such detainee and move these people here is unac- I know there is an amendment pend- is anticipated to be transferred to; and ceptable. It is unthinkable to the ing at the desk, so I ask unanimous (C) an assessment of the risk posed to the American public. We must yield to consent that it be set aside and that American people by the release or transfer of their collective wisdom and hear their my amendment be sent to the desk. such detainee from Guantanamo Bay. call. Anything else would be a grave The PRESIDING OFFICER. Without (d) FORM.—The report required under sub- mistake. objection, the clerk will report. section (a), or parts thereof, may be sub- Mr. President, I yield the floor. The legislative clerk read as follows: mitted in classified form. The PRESIDING OFFICER. The Re- The Senator from Kentucky [Mr. MCCON- (e) LIMITATION ON RELEASE OR TRANSFER.— publican leader. NELL] proposes an amendment numbered No detainee detained at the detention facil- ity at Guantanamo Bay, Cuba, as of the date AMENDMENT NO. 1136 1136. of the enactment of this Act may be released Mr. MCCONNELL. I ask unanimous Mr. MCCONNELL. Mr. President, I or transferred to another country until the wish to say a few words about an consent that the reading of the amend- President— amendment I am about to offer that re- ment be dispensed with. (1) submits to Congress the first report re- lates to the President’s Executive The PRESIDING OFFICER. Without quired by subsection (a); or order of January 22 on the disposition objection, it is so ordered. (2) certifies to the members and commit- of detainees at Guantanamo. The amendment is as follows: tees of Congress specified in subsection (b) As part of that Executive order, a so- (Purpose: To limit the release of detainees at that such action poses no threat to the mem- called detainee task force was created Guantanamo Bay, Cuba, pending a report bers of the United States Armed Forces. for the purpose of reviewing the on the prisoner population at the detention The PRESIDING OFFICER. The Sen- facility at Guantanamo Bay) records of detainees to determine ator from Hawaii. On page 31, between lines 3 and 4, insert whether they should be released. It is the following: AMENDMENT NO. 1137 my view that any information obtained SEC. 315. (a) REPORTS REQUIRED.—Not later Mr. INOUYE. Mr. President, I ask by this task force should be made read- than 60 days after the date of the enactment unanimous consent that the pending ily available to the appropriate chair- of this Act and every 90 days thereafter, the amendment be set aside to allow me to man and ranking members of the com- President shall submit to the members and call up a technical amendment, which I mittees of jurisdiction. So the amend- committees of Congress specified in sub- send to the desk. section (b) a report on the prisoner popu- ment I am about to send to the desk es- The PRESIDING OFFICER. Without tablishes a reporting requirement that lation at the detention facility at Guanta- namo Bay, Cuba. objection, the clerk will report. would require the administration to (b) SPECIFIED MEMBERS AND COMMITTEES OF The legislative clerk read as follows: provide a threat assessment of every CONGRESS.—The members and committees of The Senator from Hawaii [Mr. INOUYE] pro- detainee held at Guantanamo. This Congress specified in this subsection are the poses an amendment numbered 1137. threat assessment, which could be following: The amendment is as follows: shared with Congress in a classified re- (1) The majority leader and minority lead- port—remember, this would be in a er of the Senate. (a) IN GENERAL.—Unless otherwise des- classified report only—would indicate (2) The Chairman and Ranking Member on ignated, each amount in this title is des- the Committee on Armed Services of the ignated as being for overseas deployments the likelihood of detainees returning to Senate. and other activities pursuant to sections acts of terrorism. It would also report (3) The Chairman and Vice Chairman of the 401(c)(4) and 423(a) of S. Con. Res. 13 (111th on and evaluate any threat that al- Select Committee on Intelligence of the Sen- Congress), the concurrent resolution on the Qaida might be making to recruit de- ate. budget for fiscal year 2010.

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5596 CONGRESSIONAL RECORD — SENATE May 19, 2009 (b) EXCEPTION.—Subsection (a) shall not of their charges, while others were ac- This is the world we live in given the apply to the amount rescinded in section 308 quitted and released. Court’s decision in Boumediene—a for ‘‘Operation and Maintenance, Air Force’’. But now, we have gone from the rhet- world in which foreigners, who have Mr. INOUYE. Mr. President, this oric of the campaign to the very real been trained at terrorist camps in Af- technical amendment clarifies the pronouncement by the President that ghanistan, have been granted the right treatment of a rescission proposal in- Guantanamo shall be closed down by to be released onto the streets of Amer- cluded in the bill, and has been cleared January 2010. ican cities. by both sides. I agree, we need to close Guanta- It was against this backdrop that The PRESIDING OFFICER. Is there namo, but not before we have a con- President Obama decided on his first further debate? crete plan in place that holds captured day in office to halt further Military Mr. INOUYE. Mr. President, I suggest enemy combatants accountable for Commission trials and to mandate the the absence of a quorum. their actions, while also not endan- closing of Gitmo by January of next The PRESIDING OFFICER. The gering the American public. year. clerk will call the roll. President Obama’s Director of Na- Let’s be clear about what we are The assistant bill clerk proceeded to tional Intelligence, Admiral Dennis dealing with here. call the roll. Blair clearly laid out that: These detainees are not accused of Mr. MARTINEZ. Mr. President, I ask The guiding principles for closing the cen- shoplifting; they are not accused of unanimous consent the order for the ter should be protecting our national secu- robbing a bank; they are not accused of quorum call be rescinded. rity, respecting the Geneva Conventions and organizing a single or double homicide. The PRESIDING OFFICER. Without the rule of law, and respecting the existing institutions of justice in this country. They are accused of working as un- objection, it is so ordered. The Senator I also believe we should revitalize efforts lawful enemy combatants with the aim from Florida is recognized. to transfer detainees to their countries of or- of killing as many Americans as they Mr. MARTINEZ. The issue before the igin or other countries whenever that would can kill, most of them completely com- Senate includes the question of Guan- be consistent with these principles. mitted to their goal, they are tanamo, and I know there has been Closing this center and satisfying these ‘‘irreconcilables.’’ some recent activity on this legisla- principles will take time, and is the work of We are still in the midst of a global many departments and agencies. tion. war on terror against an enemy bent on Addressing this issue, the Federal So again, we have the idea that we attacking Americans wherever and Government has no higher responsi- can all agree on, but in practice there whenever it can. There is no question bility than ensuring the safety and se- is no plan; there is no clear path to that this war is unprecedented. There curity of every American. Since 9/11, achieving these goals. is no question we face unique and dif- When choosing a path, we need to act our Nation has taken a number of steps ficult choices. But one thing is very very carefully and consider this deci- to safeguard us from the threat of ter- clear: We should never allow alleged sion in the context of our ability to rorism, including the development of a enemy combatants to enter or be re- continue processing prisoners under facility to detain enemy combatants at leased in the United States. No court, the Military Commissions Act; we need U.S. Naval Station Guantanamo Bay. civilian or military, should ever be to consider whether and how habeas Over the course of our campaign asked to decide whether the foreign corpus would apply to detainees trans- against terrorism, that detention facil- terrorist trainee before it is ‘‘safe ferred to U.S. facilities; and we need to ity came under harsh scrutiny; doing enough’’ to be brought into the United know the implications of trying Gitmo great harm to our stature around the States and released into our streets. detainees in Federal Court. world. The American people deserve greater Today, some 240 individuals are held In June of 2005, I told a group of protections from us than that would at Gitmo’s detention center. newspaper editors that the detention Of these, eighty detainees potentially warrant them, and we must remember facility at U.S. Naval Station Guanta- face prosecution for war crimes before that their personal safety and our na- namo Bay had become a lightning rod Military Commissions at Guantanamo tional security is our No. 1 priority. for global criticism, and at some point and two individuals have already been Guantanamo is a world-class facility a country has to reexamine the cost- convicted of war crimes before the that is well-suited for the unique cir- benefit ratio of operating a facility Commissions. cumstances of the global war on terror. that has such a poor public face. These Commissions were created by Even Attorney General Holder has de- As a lawyer, I noted that it wasn’t Congress under the Detainee Treat- clared the facility to be ‘‘well run’’ and very American to be holding people in- ment Act and the Military Commis- noted that Gitmo personnel conduct definitely with no system in place to sions Act as a means for prosecuting themselves in an appropriate way. I process and grant review of the deten- the unique type of enemy we confront myself have visited there, and I under- tion and some form of due process. in this new type of warfare. stand what he is saying, because it is a Suspected enemy combatants had es- But then came the Supreme Court’s good example of a fine detention facil- sentially become akin to POWs; but be- opinion in Boumediene v. Bush. ity. It is good that the military com- cause of the unique nature of the ongo- In that opinion, authored by Justice missions were working and were ing war on terror, they could not be re- Kennedy on behalf of the five-member achieving fair results and may be com- leased. majority, the Court did something that ing back. What I knew then, and what I know has never been done in the history of For example, Salim Hamdan, Osama now is that though many wanted to our Nation. bin Laden’s personal driver and body close Guantanamo—a view that would The Court extended the constitu- man, was convicted of providing mate- eventually be shared publicly by Presi- tional writ of habeas corpus to for- rial support to al-Qaida and sentenced dent Bush and both candidates for eigners detained in foreign lands. to a mere 51⁄2 years by a jury of mili- President Senators JOHN MCCAIN and That means the Court extended to tary officers. This result demonstrates Barack Obama—we did not have a good foreign terror suspects detained at the effectiveness and the type of jus- plan for how to legally advance beyond Guantanamo Bay the same constitu- tice provided by the military commis- that wish. tional rights and privileges that U.S. sions. This is why they should resume So we had an idea—to close Guanta- citizens enjoy in U.S. courts. immediately at the only venue in the namo—but no good path to achieve Seizing on this unprecedented con- world that has been built to facilitate that without endangering Americans. stitutional interpretation, the lawyers them, and that is the facility at Gitmo. The world has changed since 2005. of several Gitmo detainees quickly One thing I do want to make clear as Since then, a military commission filed motions in Federal district courts we continue to have debate over the fa- system was established, prisoners were seeking to have their clients brought cility’s future, I remind my colleagues processed; the trying of unlawful into the U.S., and in some cases, asked that when we talk about Gitmo’s fu- enemy combatants began; trials con- that their clients be released or ‘‘pa- ture, we are referencing the detention cluded; and in some cases former Guan- roled’’ onto the streets of American center, not the U.S. Naval Station at tanamo Bay detainees were convicted cities and communities. Guantanamo Bay. That naval base is

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5597 the landlord to the detention center, President’s Executive order is just the If so, please explain in detail, including but it also serves as a vital base for our beginning of efforts to begin the inves- whether any such review involved intel- Navy and is a key strategic place. tigations of U.S. officials who interro- ligence matters or the President’s war pow- The overall facility is the U.S. Naval ers? gated terrorists who killed or at- b. Presuming the OPR reviewed the legal Station providing fleet support, ship tempted to kill American citizens. opinions of the OLC regarding the CIA’s in- replenishment, and refueling for the In a Department of Justice hearing terrogation program, please describe, in de- U.S. Navy and also for the Coast Guard before the Appropriations Sub- tail, the standards of review applicable to as well as allied and friendly nations. committee on May 7, I asked the Attor- any such OPR review. Also, provide a copy of It is a key processing center for Hai- ney General if he knew about or sanc- any standards of conduct or any other De- tians and Cubans seeking asylum. The tioned any of the renditions that oc- partment of Justice policy guidance regard- U.S. Naval Station at Guantanamo Bay curred when he served as the Deputy ing the conduct of attorneys used by the is home to more than 8,500 active-duty Attorney General during the Clinton OPR in its reviews. What conclusions did OPR reach in any such review? servicemembers and their families and administration. He said he did, but c. How many attorneys currently work in civilian support contractors. could not provide specifics and would the Office of Professional Responsibility? Do We cannot lose sight of the impor- get back to the committee with a re- any of them have expertise in constitutional tant role the base plays in our national sponse. We are still waiting for that re- law, intelligence matters, treaty compliance, security, and the continued need for in- sponse. Yesterday, in following up with and/or separation of powers? If so, please pro- frastructure improvements and en- that, I sent a letter to the Attorney vide detailed information regarding each at- hancements, all that have absolutely General following up on many of the torney’s individual expertise in these areas. Is the OPR seeking outside guidance in any nothing to do with the detention facil- unanswered questions left after the ity. As we continue to debate the fa- of these areas? If so, please provide specific hearing. information on these individuals or sources. cility’s future, I want to underscore Mr. President, I ask unanimous con- d. Did any of the personnel in the OPR the importance of making a thoughtful sent that the letter be printed at this work on cases or policies arising from our and careful decision rather than one point in the RECORD. government’s response to the 9/11 attacks? If that may be what is expedient, for the There being no objection, the mate- so, please provide the names of these individ- moment. rial was ordered to be printed in the uals. 3. Attorney General Mukasey and Deputy We need a plan on how to move for- RECORD, as follows: ward given the considerations I have Attorney General Filip were presented with U.S. SENATE, a draft of an OPR report near the end of the discussed today. So I hope as the dis- Washington, DC, May 18, 2009. cussion goes forward, we will put the Bush Administration. This was after more Hon. ERIC HOLDER, than four years of investigation and thou- interests and the safety of the Amer- Attorney General, Department of Justice, sands of dollars in taxpayer funds being ex- ican people first. I know the portion of Washington, DC. pended. Press reports have suggested that this bill before us which dealt with the DEAR ATTORNEY GENERAL HOLDER: I am Mukasey and Filip rejected the idea that Guantanamo facility and the alloca- writing to follow up on some of the issues OLC attorneys should be subject to sanc- tion of $80 million to close down the fa- raised during your hearing before the Senate tions. cility may be removed from the bill or Appropriations Subcommittee on Commerce, a. Please explain why you have decided to considered in a different form. I would Justice, Science, and Related Agencies on overrule Attorney General Mukasey’s deci- May 7, 2009. Below are a number of questions be encouraged if we are not at the mo- sion. Also, please provide the Committee posed during the hearing, as well as some ad- with all instances, if any, where an incoming ment funding the closing of this facil- ditional questions I have relating to a poten- Attorney General has reversed the decision ity until we have a game plan in mind tial criminal investigation of U.S. officials of his or her predecessor regarding a rec- of what we are going to do with the fa- who drafted the legal opinions upon which ommendation by the OPR. cility and the detainees who are there. the CIA based its interrogation program, and b. News reports suggest that the OPR will We still have not addressed what we who actually participated in the interroga- criticize the Bybee memorandum that argues are going to do between now and Janu- tion of detainees. Also included are questions that the anti-torture statute cannot inter- ary of 2010. There still is no plan. There relating to the disposition of Guantanamo fere with the President’s constitutional au- still is no future for what will happen Bay detainees. Your immediate response thorities. Did the OPR ever investigate the would be greatly appreciated. to the 240 detainees who currently re- opinions of the Clinton Justice Department 1. During your tenure as the Deputy Attor- to determine if it claimed that the Presi- side at the detention facility at the ney General of the United States, 1997 to dent’s constitutional authorities would allow United States Naval Station in Guan- 2001, did you know that President Clinton him to act in violation of Acts of Congress? tanamo, Cuba. approved of and actively engaged in the prac- If not, why not? If so, please provide those I yield the floor. tice known as rendition? Did you or anyone opinions. The PRESIDING OFFICER (Mr. in the Department of Justice express a legal c. Does the OPR report address whether BEGICH.) The Senator from Alabama. opinion on, participate in, or approve any the interrogation methods used actually pro- Mr. SHELBY. Mr. President, I rise rendition? What actions did you take to en- duced useful intelligence? If not, why not? If today to support and thank the distin- sure any such rendition complied with so, please list all U.S. Government personnel guished chairman of the Appropria- United States or international law? What ac- interviewed by the OPR to make such a de- tions Committee, the Senator from Ha- tions did you take to ensure that any inter- termination. rogations of any such individuals rendered 4. The provision of accurate legal advice waii, for his amendment to strike the by the United States were conducted by the regarding the conduct of intelligence oper- Guantanamo Bay funding in the sup- receiving country in a manner consistent ations will necessarily entail the consider- plemental bill before us. with United States or international law? Did ation of not only many types of activities, Last week in the Appropriations you or anyone on your behalf ever determine but also very difficult legal issues. On many Committee which he chairs, I raised whether any useful intelligence was obtained occasions, reasonable attorneys may dis- this issue at the markup with the in- from any such individuals rendered by or on agree on whether such activities are con- tent to strike the funding for the De- behalf of the United States? Did you or any- sistent with or violate United States or partment of Justice. At the behest of one on your behalf ever attempt to deter- international law. The investigation, and the chairman and ranking member, I mine how that information was obtained and possible sanctioning, of attorneys for the whether any such individuals rendered by or provision of legal advice in areas of law that did not offer the amendment which I on behalf the United States was subjected to are less than clear will absolutely have a intended to offer today. any treatment that would violate United chilling effect on their ability to provide ac- This supplemental, as reported out of States or international laws? curate legal opinions. Faced with sanctions, the Appropriations Committee, ful- 2. In an exchange with Senator Alexander attorneys will undoubtedly choose to stay filled the Department of Justice re- during the hearing you mentioned an Office well within the law. Intelligence operations quest originally for $30 million to fund of Professional Responsibility (OPR) inquiry will then he unnecessarily limited falling the President’s reckless campaign into the work of the attorneys who prepared well short of what the Congress and the promise to shut down the Guantanamo the Office of Legal Counsel (OLC) memo- President may be prepared to sanction. With randa regarding interrogation. It has been Bay detention facility and determine this in mind, won’t risk aversion driven by reported that the OPR report criticizes the chilled legal advice recreate the bureau- the fate of the 241 terrorists being held competence of the authors of the memo- cratic attitude that contributed to our in- there. randa. ability to detect and stop the 9/11 attacks? I also believe that funding for the De- a. Has the OPR. prior to this review. ever 5. Do you believe the President has the partment of Justice to carry out the reviewed legal opinions drafted by the OLC? legal authority to bring terrorists, former

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5598 CONGRESSIONAL RECORD — SENATE May 19, 2009 terrorists or anyone who has received ter- this administration is proposing to do knew the details of imminent plans for fol- rorist training into the United States and re- with these terrorists once Guantanamo low-on attacks against the United States. lease them into our communities? If so, is closed, I believe it is premature to (5) The Central Intelligence Agency be- please provide a copy of that authority? provide this funding. lieved that certain enhanced interrogation 6. In your testimony before the Committee techniques might produce the intelligence you stated that with ‘‘regard to the release I again commend the chairman for necessary to prevent another terrorist at- decisions that we will make, we will look at his actions today and I believe the Sen- tack against the United States. these cases on an individualized basis and ate is on the right track. I hope we (6) The Central Intelligence Agency sought make determinations as to where they can stay there. legal guidance from the Office of Legal Coun- appropriately be placed.’’ What are the cri- I yield the floor. sel of the Department of Justice as to wheth- teria on which you will base a decision to Mr. INOUYE. Mr. President, I suggest er such enhanced interrogation techniques, place an individual currently being held in the absence of a quorum. including one that the United States mili- Guantanamo in the United States? Please be The PRESIDING OFFICER. The tary uses to train its own members in sur- more specific than the general guidance vival, evasion, resistance, and escape train- given in the President’s Executive Order. clerk will call the roll. The assistant legislative clerk pro- ing, would comply with United States and Thank you for your immediate attention international law if used against al Qaeda to these matters. ceeded to call the roll. leaders reasonably believed to be planning Sincerely, Mr. CORNYN. I ask unanimous con- imminent attacks against the United States. RICHARD SHELBY. sent that the order for the quorum call (7) The Office of Legal Counsel is the prop- Mr. SHELBY. Mr. President, ren- be rescinded. er authority within the executive branch for ditions and interrogations were carried The PRESIDING OFFICER. Without addressing difficult and novel legal ques- out on Attorney General Holder’s objection, it is so ordered. tions, and providing legal advice to the exec- utive branch in carrying out official duties. watch, when he was the Deputy Attor- AMENDMENT NO. 1139 (8) Before mid-2002, no court in the United ney General. I have serious concerns Mr. CORNYN. Mr. President, I have that the Attorney General could even- States had interpreted the phrases ‘‘severe conferred with the bill managers, the physical or mental pain or suffering’’ and tually be leading investigations and distinguished chairman of the Appro- ‘‘prolonged mental harm’’ as used in sections prosecutions against U.S. officials who priations Committee and the distin- 2340 and 2340A of title 18, United States Code. carried out the very same actions he guished ranking member. I have an (9) The legal questions posed by the Cen- approved during his time as Deputy At- amendment I would like to call up. I tral Intelligence Agency and other executive torney General. ask unanimous consent to set aside the branch officials were a matter of first im- Yet the Executive orders failed to in- pending amendment, and I send an pression, and in the words of the Office of Legal Counsel, ‘‘substantial and difficult’’. clude any investigation of his role in amendment to the desk and ask for its approving renditions of detainees and (10) The Office of Legal Counsel approved immediate consideration. the use by the Central Intelligence Agency of terrorists that occurred during his pre- The PRESIDING OFFICER. Is there certain enhanced interrogation techniques, vious tenure at the Justice Depart- objection? with specific limitations, in seeking action- ment. Mr. INOUYE. I object momentarily. able intelligence from al Qaeda leaders. To go back in time, the first terrorist The PRESIDING OFFICER. Objec- (11) The legal advice of the Office of Legal attack on the World Trade Center oc- tion is heard. Counsel regarding interrogation policy was curred on February 26, 1993. We later The Senator from Hawaii. reviewed by a host of executive branch offi- saw the bombings of the USS Cole, the cials, including the Attorney General, the Without objection, the clerk will re- Counsel to the President, the Deputy Coun- embassies in Africa, and Khobar Tow- port the amendment. ers take place before the second attack sel to the President, the General Counsel of The assistant legislative clerk read the Central Intelligence Agency, the General on the World Trade Center. as follows: Counsel of the National Security Council, Many of the terrorists who com- The Senator from Texas [Mr. CORNYN] pro- the legal advisor of the Attorney General, mitted these acts were trained in the poses an amendment numbered 1139. the head of the Criminal Division of the De- very same camps as the terrorists held partment of Justice, and the Counsel to the at Guantanamo Bay. When I asked the Mr. CORNYN. I ask unanimous con- Vice President. Attorney General if the Government sent that reading of the amendment be (12) The majority and minority leaders in had the legal authority to admit some- dispensed with. both Houses of Congress, the Speaker of the one who had received terrorist training The PRESIDING OFFICER. Without House of Representatives, and the chairmen and vice chairmen of the Select Committee into the United States, he would not objection, it is so ordered. The amendment is as follows: on Intelligence of the Senate and the Perma- answer the question directly. He indi- nent Select Committee on Intelligence of the (Purpose: To express the sense of the Senate cated he would not release anyone who House of Representatives received classified that the interrogators, attorneys, and law- he thought was a terrorist in the briefings on the legal analysis by the Office makers who tried in good faith to protect of Legal Counsel and the proposed interroga- United States—who he thought. the United States and abide by the law tion program of the Central Intelligence All of the detainees being held at should not be prosecuted or otherwise Agency as early as September 4, 2002. Guantanamo Bay, I believe, are terror- sanctioned) (13) Porter Goss, then-chairman of the Per- ists. Does anyone but the administra- At the appropriate place, insert the fol- tion and the Attorney General believe manent Select Committee on Intelligence of lowing: the House of Representatives, recalls that he anything to the contrary? I think it is SEC. ll. SENSE OF THE SENATE. and then-ranking member Nancy Pelosi ‘‘un- misguided to close a facility housing (a) FINDINGS.—Congress finds the fol- derstood what the CIA was doing’’, ‘‘gave the terrorists when there is no plan. All of lowing: CIA our bipartisan support’’, ‘‘gave the CIA the prisoners housed at Guantanamo (1) In the aftermath of the September 11, funding to carry out its activities’’, and ‘‘On Bay are terrorists. Terrorists attacked 2001 attacks, there was bipartisan consensus a bipartisan basis . . . asked if the CIA need- our Nation and killed our citizens and that preventing further terrorist attacks on ed more support from Congress to carry out pose a threat still today to our na- the United States was the most urgent re- its mission against al-Qaeda’’. tional security. sponsibility of the United States Govern- (14) No member of Congress briefed on the ment. legal analysis of the Office of Legal Counsel We should not, I believe, let this At- (2) A bipartisan joint investigation by the and the proposed interrogation program of torney General or anyone else brand Select Committee on Intelligence of the Sen- the Central Intelligence Agency in 2002 ob- these terrorists as victims worthy of ate and the Permanent Select Committee on jected to the legality of the enhanced inter- living in the United States of America, Intelligence of the House of Representatives rogation techniques, including nor should we follow the plans of the concluded that the September 11, 2001 at- ‘‘waterboarding’’, approved in legal opinions Director of National Intelligence, Den- tacks demonstrated that the intelligence of the Office of Legal Counsel. nis Blair, who suggested that terrorists community had not shown ‘‘sufficient initia- (15) Using all lawful means to secure ac- be provided with a taxpayer-funded tive in coming to grips with the new tionable intelligence based on the legal guid- transnational threats’’. ance of the Office of Legal Counsel provides subsidy to establish a new life here in (3) By mid-2002, the Central Intelligence national leaders a means to detect, deter, America. Agency had several top al Qaeda leaders in and defeat further terrorist acts against the Until we are clear about Attorney custody. United States. General Holder’s role in renditions and (4) The Central Intelligence Agency be- (16) The enhanced interrogation techniques interrogations prior to 9/11, and what lieved that some of these al Qaeda leaders approved by the Office of Legal Counsel

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5599 have, in fact, accomplished the goal of pro- and Congress were acutely aware of the dered by the lawyers at the Office of viding intelligence necessary to defeating environment in which they were act- Legal Counsel. I can tell my col- additional terrorist attacks against the ing. leagues, as a lawyer myself for 30 United States. Our intelligence officials believed years, what lawyers do best is disagree (17) Congress has previously established a they could produce actionable intel- defense for persons who engaged in oper- with one another. There is nothing un- ational practices in the war on terror in good ligence by using some enhanced inter- expected about that. But we should not faith reliance on advice of counsel that the rogation techniques, including one that turn disagreements between lawyers practices were lawful. is performed as part of training on into witch hunts and into pursuing (18) The Senate stands ready to work with some of our own U.S. military per- good-faith rendition of legal opinions the Obama Administration to ensure that sonnel; that if the Office of Legal Coun- as well as intelligence officials relying leaders of the Armed Forces of the United sel at the Department of Justice deter- on those opinions in order to try to States and the intelligence community con- mined this was a legal way for them to protect our country. tinue to have the resources and tools re- gain actual intelligence, perhaps, just One distinguished law professor testi- quired to prevent additional terrorist at- fied to the Judiciary Committee last tacks on the United States. perhaps, it could generate intelligence (b) SENSE OF SENATE.—It is the sense of the which would allow the Central Intel- week: Senate that no person who provided input ligence Agency and our military forces To ratchet-up simple disagreement with into the legal opinions by the Office of Legal to defeat any follow-on terrorist at- the legal analysis of a prior administration Counsel of the Department of Justice ana- tacks. into the claim that such analysis was beyond lyzing the legality of the enhanced interro- It is worthwhile to remember, as my the pale of legitimate legal analysis, and gation program, nor any person who relied in sense-of-the-Senate resolution does, therefore should be investigated and pun- ished, is to be engaged in a mild form of legal good faith on those opinions, nor any mem- that after the Central Intelligence ber of Congress who was briefed on the en- neo-McCarthyism. Agency asked whether these enhanced hanced interrogation program and did not Mr. President, I was not in Wash- interrogation techniques were, in fact, object to the program going forward should ington, DC, on September 11, 2001. I was be prosecuted or otherwise sanctioned. lawful, the Office of Legal Counsel, in my home in Austin, TX, when I saw Mr. CORNYN. May I inquire, my which is the authoritative branch that these terrible images of these planes amendment is currently the pending provides legal advice to the executive flying into the World Trade Center. amendment? branch and the U.S. Government, was But one of the images I remember in The PRESIDING OFFICER. The Sen- asked to render an opinion on whether the aftermath of those attacks was of ator is correct. use of these enhanced techniques, in- the Members of Congress, of both par- Mr. CORNYN. I thank the Chair. cluding waterboarding, was, in fact, ties, joined together on the Capitol Mr. President, my amendment calls legal. In fact, after much input and steps singing ‘‘God Bless America.’’ for an end to the poisonous environ- consultation within the executive In the aftermath of that day, Ameri- ment of recriminations and second- branch and the lawyers for various cans, at least for a time, were united in guessing and even threats of prosecu- parts of the executive branch discussed our determination that it would not tion that have overtaken the debate and interpreted what the constraints of happen again. That is why it is particu- about detention and interrogation pol- the law were under both international larly sad to see the bitter political di- icy in the aftermath of September 11, as well as domestic laws, they con- visions of the present being invoked to 2001. This amendment expresses the cluded that under specific guidelines condemn the good-faith actions of the sense of the Senate that neither the and limitations, it would be lawful for past and to hear calls to prosecute not lawyers who offered good-faith legal the Central Intelligence Agency, in only the intelligence officials in the advice regarding the legality of inter- questioning known al-Qaida leaders, to CIA but also prior administration offi- rogation techniques, nor any person use this technique in order to gain in- cials and, indeed, the Congress who an- who relied in good faith on that legal telligence that would perhaps save swered the call when the American advice, nor any Member of Congress many more lives in the future. people demanded with one voice that who was briefed beforehand on these We know how controversial this we keep them safe. enhanced interrogation techniques and turned out to be, but it is important to If we want to be able to look back at who did not object should be pros- remember that at the time, it did not our detention and interrogation poli- ecuted or otherwise sanctioned. This is, prove to be so controversial. In fact, cies, and learn what worked and what obviously, a sense of the Senate, but I after the CIA asked for permission to did not, we need to try to maintain our think it is important that the Senate’s use these enhanced techniques, we sense of perspective and objectivity will be determined and recognized on know the Office of Legal Counsel ren- and fairness and be respectful of both such a sensitive and important topic. dered legal opinions authorizing the the circumstances under which these I know it is hard for us to remember use of these techniques under certain officials reached these opinions and the now what it was like in the days fol- limitations. And then, in fact, leader- reliance the intelligence officials and lowing 9/11. Believe it or not, there was ship here in Congress was briefed on other high Government officials had a broad bipartisan consensus that those techniques. Specifically, under upon those legal opinions in deciding America and all Americans, including these circumstances, as the sense-of- what they could and could not do. In- Congress, should work aggressively the-Senate resolution points out, not deed, who would question their use of within the law to detect, deter, and in- only would the Speaker of the House of all legitimate means to gain actual in- deed to defeat further terrorist at- Representatives be briefed but also the telligence that may indeed have saved tacks. Responding to this consensus, majority and the minority leaders in American lives? We cannot learn to- patriotic Americans in our intelligence both Houses of Congress, as well as the gether from our past successes or fail- service; namely, the Central Intel- chairman and ranking member of both ures while recklessly accusing one an- ligence Agency, the administration, the House Intelligence Committee and other of crimes while criminalizing and Congress did everything within our the Senate Select Committee on Intel- policy differences. legal power to protect the country ligence. That would have been back in In the end, this sense-of-the-Senate from a follow-on terrorist attack. 2002—of course, much closer in prox- resolution is an appeal to a sense of de- We recall the horrible day when we imity to the horrible events of 2001— cency. We should be united in our com- saw two airplanes fly into the World when, no doubt, Members of Congress mitment to liberty, justice, and secu- Trade Center in New York. But it is and members of the executive branch rity under the law. not beyond the realm of concern that, were thinking: What can we do to pre- The American people want unity and indeed, the same terrorists who ef- vent further terrorist attacks against not partisan prosecutions or sanctions fected those horrible attacks, killing the United States? imposed against those officials who 3,000 Americans, roughly, on that day, One of the things that we have heard were simply trying, to the very best of would use some more effective weapon in the days since these opinions out of their ability, to do their job and to of perhaps a nuclear, biological, or the Office of Legal Counsel have been keep the American people safe. This chemical nature. So we know our intel- controversial is that some lawyers amendment says, in the end, that the ligence officials and the administration have different opinions from those ren- Senate agrees with that proposition. I

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5600 CONGRESSIONAL RECORD — SENATE May 19, 2009 would ask for the support of all my col- ated at Gitmo are now being defined to take a few minutes, if I could, with leagues. and described in the media, in the ad- the permission of the managers of the Mr. President, I yield the floor. ministration and, as a consequence, by legislation, to talk about the credit I suggest the absence of a quorum. some Americans. card legislation that passed this morn- The PRESIDING OFFICER. The I understand there is a poor percep- ing. I did not have the opportunity, clerk will call the roll. tion of Guantanamo Bay. I think that given the time constraints, to express The assistant legislative clerk pro- is a fact we all realize. We heard an- ceeded to call the roll. some brief thoughts about the passage other Senator from the other side of of that legislation. Mr. ROBERTS. Mr. President, I ask the aisle describe that in detail—as a unanimous consent that the order for matter of fact, ascribed all the prob- So I rise to thank my colleagues. By the quorum call be rescinded. lems to the Bush administration. But I an overwhelming vote of 90 to 5, this The PRESIDING OFFICER. Without body voted earlier today to adopt the objection, it is so ordered. do not think that is relevant. To say there are no terrorists there, to say credit card reform legislation. I am Mr. ROBERTS. Mr. President, today, very grateful to my colleagues. I am those of us who have strongly insisted there are not even enemy combatants there, is doing a disservice to us all by grateful to Senator SHELBY, my co- that no terrorist currently in Guanta- chair, if you will, the former chairman namo Bay should or will be transferred trivializing the crimes committed by the men at Guantanamo Bay. of the Banking Committee, for his to the United States, I think, have won work. a big victory. I ask you, when did we start making I am going to be very frank about it. terror politically correct? This same Obviously, this was a bipartisan ef- Faced with an embarrassing defeat, question was asked by Daniel Pearl’s fort, with a vote of 90 to 5. The final and listening to the American people, father, Judea Pearl, in an article that conclusion was one that was embraced the Democratic leadership has accept- ran in the Wall Street Journal this by an overwhelming majority of our ed an amendment offered by Senator past February. It is called: ‘‘Daniel colleagues. I thank them for that. Pearl and the Normalization of Evil.’’ I JIM INHOFE of Oklahoma, myself, and Twenty years ago, many of my col- think every Senator and every Amer- many others that prohibits the use of leagues who are still in this Chamber ican should read it, more especially in Federal funds to transfer or locate any will recall how we stood to try to get Gitmo terrorist to the United States. regard to this debate on where we lo- cate these terrorists. the credit card industry to respond to This is an important, commonsense some of the activities that began then. victory for the security of our country As you may know, and we should all remember, Daniel Pearl was the Amer- In those days, they were not quite as and more especially for Fort Leaven- pernicious as they have become. But, worth, KS. Following President ican journalist who was captured and beheaded—beheaded—on a video by the nonetheless, you could see the hand- Obama’s decision to close Gitmo at the writing on the wall as to where these end of this year, there has been much ‘‘nonterrorist, nonenemy combatant’’ Khalid Shaikh Mohammed in 2002—be- issuers were headed. We did not engage speculation about moving terrorists to as effectively then as we probably Leavenworth, especially in the press, headed by Khalid Shaikh Mohammed, who is actually sitting at Guantanamo should have. We said then that too and even on the Senate floor. I re- many of these companies were starting sponded with remarks several weeks Bay right now. Listen to what Judea Pearl, a re- to cross a line, starting to engage in ago: ‘‘Not on my watch.’’ The problem is that while we have spected professor at UCLA, has to say abusive, deceptive, and misleading prohibited the use of funds to transfer about that act of terror on his son: practices that were trapping their cus- terrorists to the United States, the Those around the world who mourned for tomers into far more debt than cer- Obama administration still has pro- Danny in 2002 genuinely hoped that Danny’s tainly they, the customers, ever agreed murder would be a turning point in the his- to. posed no plan to meet their own Janu- tory of man’s inhumanity to man, and that ary deadline. That does remain a chal- the targeting of innocents to transmit polit- But that was more than two decades lenge, and it means that while we won ical messages would quickly become, like ago, and since that time, we have all a victory today—no funds—it seems to slavery and human sacrifice, an embar- seen what has happened across our Na- me we must remain vigilant to make rassing relic of a bygone era. tion: penalty fees that are increasingly sure future plans do not include loca- But somehow, barbarism, often cloaked in common, for infractions that are in- the language of resistance, has gained ac- tions in the United States, including ceptance in the most elite circles of our soci- creasingly ridiculous—for paying by Leavenworth. ety. The words ‘‘war on terror’’ cannot be ut- phone or by e-mail or by check, which There are simply too many security tered today without fear of offense. Civilized are ways you get penalized today; any- risks and the possibility of negative society, so it seems, is so numbed by vio- time, any reason under contracts, impacts on our Kansas citizens and the lence that it has lost its gift to be disgusted where interest rates could be raised Intellectual Center of the Army at by evil. that can turn a few hundred dollars of Fort Leavenworth to even consider Well, this Senator remains disgusted obligation into a lifetime of debt; dis- moving terrorists to Kansas. by evil. I am disgusted by those who closures that you need a microscope to I hope President Obama and his team target innocent civilians as they spew read and a lawyer’s degree to under- designated to come up with a plan can their hatred. I refuse to adopt what stand. come to the realization that closing Danny’s father calls ‘‘the mentality of For too long, credit card companies Gitmo actually poses new problems in surrender.’’ And that is weaved have resorted to tactics that drive fam- terms of security and logistics and throughout this debate in regard to ilies deeper and deeper and deeper into legal issues. what happens to these terrorists. Now that we are all on the same It is not too late. We can all refuse to debt. page, let’s find a better answer and one surrender to the idea that terrorism is Well, today the Senate let them that does not endanger Leavenworth, somehow a tactic, to refuse to believe know that those days are coming to an KS, or any other community in the it is an acceptable tool of resistance. end. I am grateful to my colleagues for United States. There is still time for Americans to their votes. I also wish to associate myself with remember that there are men at Guan- I wish to take a few minutes to the remarks of the distinguished Sen- tanamo who cannot be released and thank fellow Senators and staff who ator from Nebraska, MIKE JOHANNS, most certainly should not be on Amer- have worked diligently to help me im- who I think summarized the whole sit- ican soil. prove this legislation. uation very well. I wish to thank Sen- Mr. President, I yield back. ator INHOFE for persevering. I wish to The PRESIDING OFFICER (Mrs. As I mentioned earlier, Senator thank my dear friend and colleague, SHAHEEN). The Senator from Con- SHELBY of Alabama played an impor- the distinguished Senator from Hawaii, necticut. tant role, and I am grateful to him for Mr. INOUYE, for his leadership in this CREDIT CARD REFORM agreeing to work on this bill. It came regard. Mr. DODD. Madam President, I wish out of the committee on an 11-to-12 But during this debate, and for some to speak off the bill. I know my col- vote—the narrowest of margins. It was time, it seems to me we have seen a leagues are talking about the supple- after that time that we worked to de- change in how those who are incarcer- mental appropriations bill. But I wish velop a bipartisan bill.

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5601 In all, I believe this was an inclusive of products such as debt cancellation come the fulfillment of the wishes of process—striking a very good balance agreements, which some have long ar- any one Member of this body. It re- that ensures we provide tough protec- gued are of questionable benefit to con- quires working with each other and, as tions for consumers while making sure sumers. a result of that effort, we ended up to maintain the flow of credit into our Finally, I wish to thank the Presi- with a longer period of time than I economy that is so essential to our dent of the United States, President liked but, nonetheless, less than the of- long-term economic recovery. Obama, for stepping up and stepping in, ficial period of the Federal Reserve I wish to thank Senators CARL LEVIN and for using the bully pulpit of his Board’s regulations, which would be a of Michigan and CLAIRE MCCASKILL of Presidency to help us gain public year and a half from now. Missouri, who led the charge to restrict awareness of these issues as well. So American consumers have a re- overlimit fees and deceptive marketing As we cross the finish line today and sponsibility. That needs to be said over of free credit reports. the House considers what we have sent and over. But they also have rights, Senator BOB MENENDEZ of New Jer- them, I believe the victory will not be, and those rights ought to be that they sey has been a champion from the very of course, for our President or for the can count on a contract they enter beginning on issues impacting young Congress or for the authors of this leg- into. I know of no other contractual re- people—requiring credit card compa- islation or even for the Members I have lationship, whether it is purchasing a nies to consider consumers’ ability to mentioned in these remarks. Truly the home, buying an automobile or an ap- pay when issuing credit cards, increas- victory will be for people such as Don pliance, where the one party can vir- ing protections for students against ag- and Samantha Moore of Guilford, CT, tually unilaterally change the terms of gressive credit card marketing, and and their three daughters; or Kristina the contract. Yet that goes on every more transparency in affinity arrange- Jorgenson of Southbury CT; and Phil day with credit card issuers. ments between credit card companies Sherwood, a member of the city coun- Madam President, 20 to 25 percent of and universities. cil, of New Britain, CT. All of these students now have over $7,000 in credit With respect to affinity cards and constituents of mine came to me with card debt—25 percent of our student protection of students, I also wish to stories about how they had seen abuses body at the university and collegiate thank Senator CASEY of Pennsylvania, by the credit card industry. level. The average college graduate Senator FEINSTEIN of California, Sen- In the case of Don and Samantha owes over $4,000, a major factor of some ator CORKER of Tennessee, and Senator Moore: 40 years of credit card alle- students dropping out of school. GRASSLEY of Iowa for their leadership giance, one 3-day-late payment re- The average family in our country, as well. sulted in an increase from 12 to 27 per- with credit cards, now has what they Let me also thank several of our col- cent in interest rates and reducing call revolving debt—the bulk of which leagues with whom we worked to in- their credit limit from $32,000 to $4,000. is credit card debt—well in excess of clude protections regarding small busi- They run a small business. It probably $10,000 per family. So, clearly, with ness—Senator BEN CARDIN of Maryland, put them out of business—just for those kinds of obligations and debts, Senator JOHANNS of Nebraska, and Sen- being 3 days late for the first time in 40 something needed to be done. That is ator MARY LANDRIEU of Louisiana. years. what we have done with this legisla- They strove mightily to include a In the case of Kristina Jorgenson in tion. study and report on the use of credit Southbury: She watched her rates go So the industry has obligations. Con- cards by small businesses. from 5 percent to 24 percent for being 3 sumers have the right not to be taken Senator OLYMPIA SNOWE of Maine days late—the first time ever—in a to the cleaners, and they have a right worked with our Senate colleague from credit card payment. One of those days to expect that they will be treated fair- Louisiana to include the establishment was a Sunday, by the way. She had ly when they enter into a contractual of a Small Business Information Secu- taken out the credit card debt to pay agreement; that they won’t be the only rity Task Force in this legislation. off her student loans. They charged her ones required to uphold their end of the Several additional measures were in- because of the retroactive fees, the 24 bargain. Certainly, consumers have a cluded at the behest of my colleagues percent, making it almost impossible right not to live in fear that a clause that I think strengthen the legislation. for her to ever meet those obligations. buried in the fine print of their credit Senator CHARLES SCHUMER of New To meet that criteria, she dipped into card contracts might someday be their York authored the provision to scale her individual retirement account financial undoing, and they should back abuses on prepaid gift cards, and which she had saved. She was in retire- have a right to trust that their child that provision is now included in the ment and she has now cut that retire- won’t be saddled with debt before they bill that passed. Senator DAN AKAKA of ment down to 45 percent of its value in have turned 21. Hawaii wisely suggested we seek a clar- order to pay off the credit card debt. Standing up for those families and ification of the certification process for Three days late, one time, 5 percent to their children and forcing those rights credit counselors—something I believe 24 percent. Phil Sherwood didn’t do is what this legislation was designed to will prove extremely valuable given anything at all. He paid his bills every do, and we accomplished that goal. the clear need for greater financial lit- month, never a day late, and watched So I wish to thank my colleagues eracy among consumers. his rates skyrocket, he and his wife. again for their efforts, their diligence, Senator SUSAN COLLINS of Maine, These stories I tell could be repeated their commitment to ensuring that we with my colleague, Senator LIEBERMAN over and over all across the country. pass a strong bill that will benefit con- of Connecticut, asked that we include More than 70 million accounts in one sumers across the country. provisions to prevent money laun- 11-month period, affecting one out of I wish to thank majority leader dering through the use of what they four families, saw interest rates sky- HARRY REID, and I wish to thank the call stored value cards which are being rocket. For the life of me, I don’t quite minority leader, the Republican leader. increasingly used by drug cartels to understand what the industry was HARRY REID provided the time and smuggle money across our borders. I thinking of, having just overreached space for the consideration of this bill am happy we were able to include those time and time again. But as a result of which would not have happened if the provisions in the bill as well. the bill we passed today by the vote I leadership didn’t decide to make that My colleagues from California and mentioned, we have made significant time available for something as com- New Hampshire, Senator FEINSTEIN and inroads into the kind of practices the plicated as this, with many different Senator GREGG, worked with us to in- people I mentioned here were afflicted ideas that were brought to the table. I clude a study and report on emergency with. wish to thank the floor staff that is PIN technology that would allow bank- Unfortunately, it doesn’t happen here for their work, both the majority ing customers to signal for help when overnight. The bill has a period of time and minority side as well. They were forced to withdraw cash from ATMs. before the new restrictions go into ef- very patient. It has been over 2 weeks Another study and report on which fect. I would have liked to have had a now. we worked with Senator KOHL of Wis- much shorter period, but these bills re- We dealt with the housing bill last consin to include is on the marketing quire compromise, and they don’t be- week, and now the credit card bill this

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5602 CONGRESSIONAL RECORD — SENATE May 19, 2009 week, and they had to put up with me AMENDMENT NO. 1140 sult with local communities and States for 2 straight weeks on the floor of this Mr. BROWNBACK. Madam President, before they locate these detainees in a Chamber. I am very grateful to them. I I have an amendment that I wish to State or locale in the United States. I wish to thank my staff as well. call up at the desk. I wish to note that think that is something all of us would LINSEY GRAHAM, who is on the Bank- the chairman of the committee has basically agree to—that this is some- ing Committee staff, has done a mag- been very good to work with me on get- thing that should be done. This is a nificent job over the years and in work- ting this called up. very contentious issue. It is obviously ing on this legislation. Amy Friend, The PRESIDING OFFICER. The a very contentious issue in my State, Charles Yi, Colin McGinnis, along with clerk will report. having been mentioned a number of other members of the staff, but they The bill clerk read as follows: times as a possible site for detainees. were the principal ones who spent long The Senator from Kansas [Mr. BROWNBACK] People in the community of Leaven- hours and nights over the weekends proposes an amendment numbered 1140. worth, KS, and people across the State over the past several weeks to pull this Mr. BROWNBACK. Madam President, of Kansas, including former Governor legislation together. I ask unanimous consent that the read- Sebelius, now Cabinet Secretary, sent a Bill Duhnke and Mark Oesterle of ing of the amendment be dispensed letter to the Department of Defense Senator SHELBY’s staff as well worked with. saying we can’t handle the detainees at very hard, and I am very grateful to The PRESIDING OFFICER. Without Leavenworth, the military disciplinary them. objection, it is so ordered. barracks that are there. I wish to thank the staff here as well. The amendment is as follows: So what I hope is that at some point Certainly, the majority leader’s staff, (Purpose: To express the sense of the Senate in time we could vote on this amend- Gary Myrick and Randy Devalk, who on consultation with State and local gov- ment and send that clear message to did a great job, and I thank them. I ernments in the transfer to the United the administration and the Depart- can’t say enough about Lula Davis and States of detainees at Naval Station Guan- ment of Defense that before any of about Tim Mitchell. Trish Engle and tanamo Bay, Cuba) these things are considered, State and Jacques Purvis did a wonderful job. I At the end of title III, add the following: local officials are consulted because, thank them. I thank David, as well, on SEC. 315. (a) FINDINGS.—The Senate makes obviously, on security issues, we are the minority staff. They were just won- the following findings: going to have to do a lot of coopera- (1) In response to written questions from derful. tion. If these detainees are moved any- I tried their patience, I know, on the April 30, 2009, hearing of the Committee where into the continental United more occasions than I care to remem- on Appropriations of the Senate, the Sec- States—anywhere into the United ber, but without their involvement retary of Defense stated that— (A) in order to implement the Executive States—they are going to have to be over these past several days we would Order of the President to close the detention dealt with. not have been able to achieve this ac- facility at Naval Station Guantanamo Bay, Further, I wish to speak about the complishment today. That also in- Cuba, ‘‘it is likely that we will need a facil- Inouye-Inhofe amendment. Last week, cludes Joe Lapia and Brandon ity or facilities in the United States in which on Friday, I led a congressional delega- Durflinger, Meredith Mellody and to house’’ detainees; and tion of four Members to view the facil- Esteban Galvan as well from the cloak- (B) ‘‘[p]ending the final decision on the dis- position of those detainees, the Department ity at Guantanamo Bay. I would urge room staff who worked so hard. all of my colleagues to go and look at I am sure I have left some people out, has not contacted state and local officials the facility. It is really an extraor- and I apologize if I have done so in about the possibility of transferring detain- ees to their locations’’. dinary piece of real estate which the thanking them for their work. But all (2) The Senate specifically recognized the Navy has used for many years, but it is of these people in their own way con- concerns of local communities in a 2007 reso- also an extraordinary facility where we tribute to what happens here. They lution, adopted by the Senate on a 94–3 vote, have invested several hundred million don’t often get mentioned. Those of us stating that ‘‘detainees housed at Guanta- dollars into this mission. They built it who have the right to speak in this namo should not be released into American up over a period of time. They have se- Chamber are the ones who are seen and society, nor should they be transferred state- curity that is being provided. heard, but I want my constituents and side into facilities in American communities The conclusion I came away with is people in this country to know there and neighborhoods’’. (3) To date, members of the congressional that Guantanamo Bay is a highly spe- are people every day whose names you delegations of sixteen States have sponsored cialized detention system for hundreds will never know, whose faces you will legislation seeking to prohibit the transfer of terrorists, and replicating it would never see, who contribute mightily to to their respective States and congressional be enormously difficult, expensive, and the products that get produced in this districts, or other locations in the United unnecessary. I think my view rep- body. It takes cooperation on the part States, of detainees at Naval Station Guan- resents the views of the colleagues of of all of us, regardless of where we tanamo Bay mine who went on the trip with me. I come from, what party affiliation we (4) Legislatures and local governments in would urge people to go. are, what ideological leanings we may several States have adopted measures an- nouncing their opposition to housing detain- Attorney General Holder has gone have. They are wonderful, remarkable ees at Naval Station Guantanamo Bay in and said it is a well-run facility. I people who give their time and their their respective States and localities. would urge President Obama to go and professional careers to this institution (b) SENSE OF SENATE.—It is the sense of the to look at the facility firsthand. What and who make these kinds of events Senate that the Secretary of Defense should they have put in there is a very spe- consult with State and local government of- and these kinds of results achievable. cialized facility to handle a very dif- So I thank them all, and I thank all ficials before making any decision about where detainees at Naval Station Guanta- ficult situation. of my colleagues again. I know it has an image issue around I look forward to a day in the hope- namo Bay, Cuba, might be transferred, much of the world. But an image issue fully not too distant future when Presi- housed, or otherwise incarcerated as a result of the implementation of the Executive is one thing. The practicality of deal- dent Obama will sign this legislation Order of the President to close the detention ing with the prisoners we have there, into law. facilities at Naval Station Guantanamo Bay. I yield the floor. the detainees, is another. This is a spe- Mr. INOUYE. Madam President, I Mr. BROWNBACK. Madam President, cialized facility for handling them. I suggest the absence of a quorum. I wish to thank my colleague, the found they were able to handle dan- The PRESIDING OFFICER. The chairman of the committee, for allow- gerous detainees. I found that how they clerk will call the roll. ing this to be brought up. Obviously, were being handled was quite fair. The bill clerk proceeded to call the people can object to different things, I think we should treat detainees roll. but he is allowing this to be brought fairly, humanely, according to the con- Mr. BROWNBACK. Madam President, up. ventions, and they are being treated as I ask unanimous consent that the order It is a very simple amendment. It is such. But to transfer the detainees to for the quorum call be rescinded. germane as far as the Guantanamo Bay the United States, we don’t have a fa- The PRESIDING OFFICER. Without issue. Basically, what it says is, the cility that could handle this. I question objection, it is so ordered. Department of Defense needs to con- whether we could get a locale that

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5603 wants to handle the detainees in the think we are going to have to detain day after Guantanamo is closed, and United States. It would also delay the these people for some time because too they must be certain their Government justice of the military commissions op- many are answering the battlefield will execute its most fundamental erating. We have constructed a court- again. They even continue it in incar- duty, which is to keep America and its room at Guantanamo, at the cost of ceration. There is no reason to think citizens safe. several million dollars, which is com- they wouldn’t continue it if they are When the President announced his pletely secure, which is ready to start allowed to get back onto the battle- decision last Friday to restart military the military commission trials. It has field. I look forward to votes on my commissions to try Guantanamo de- a video streaming system in it that is amendment and others. tainees for war crimes, I applauded completely secure, so that witnesses I yield the floor. that decision. I have long believed that can be interviewed around the world The PRESIDING OFFICER. The Sen- military commissions should be the into this courtroom setting. It is set up ator from Arizona is recognized. chief venue for trying alleged war and ready to go. Mr. MCCAIN. Madam President, I crimes violations committed by Guan- Now that the President has gone for- will make a few remarks about what is tanamo detainees. There is no doubt ward with some adjustments in the perhaps the most contentious issue in that the coordination, complexity, and military commission process, it would this supplemental funding bill, and massive scale of the 9/11 attacks that delay the process further if you re- that is the issue we have been dis- left over 3,000 innocent people dead quired this military commission facil- cussing throughout the day, and that is constitute war crimes. There is also no ity to be constructed somewhere else in how to handle the United States deten- doubt that al-Qaida and its supporters the United States or around the world. tion facility at Guantanamo Bay, were then, and continue to be today, It would delay it in the setup and in Cuba. committed to the destruction of our the movement of these detainees to In the last few days, we have seen a values and our way of life and our val- other places around the world. flurry of amendments relating to this ues in a fashion that bears no resem- There is a second key point I want to issue, some Republican and others from blance to the acts of common crimi- make, which is that when you look at Democrats. Indeed, it seems that this nals. the situation at Guantanamo Bay and issue has overshadowed the necessary But while I applauded the President meet with the military personnel who focus on the ongoing wars in Iraq and for restarting military commissions, I are handling it—who I think are doing Afghanistan and the way forward in also pointed out that the President’s an excellent job—they point out clear- each. I am afraid this bipartisan ex- overall decisionmaking on detainee ly that the members of al-Qaida who pression of concern and surge of legis- policy has left more questions than it are there continue the battlefield in lative activity has a single cause: the has provided answers. The numerous the prison. They talk about various decision by President Obama in one of unresolved questions include: where things that are being done, a number of his first acts after his inauguration to the Guantanamo inmates will be held which—I will not mention some here— announce that he would close Guanta- and tried; how we will handle those are quite difficult to deal with among namo Bay 1 year after taking office, who cannot be tried but are too dan- our military personnel. Our people look without presenting a plan for the dis- gerous to release; how we will deal at the detainees as continuing the bat- position of the prisoners there. By an- with the prisoners held at Bagram Air tlefield in the prison. nouncing Guantanamo’s closure with- Base in Afghanistan, some of whom Do we want to bring that into the out first conducting an in-depth review were captured off the Afghan battle- prison system in the United States—a of the difficult issues posed by the field. continuation of the battlefield into the Guantanamo detainees, we are left I point out to my colleagues—and prison system here? I don’t think so. today arguing over the wisdom of shut- most of them know, and many Ameri- We are not set up to handle that. We tering the prison in the absence of any cans know—that we have already had need to consider that issue. The prac- plan for what comes next. the experience of around 10 percent of tical issue here is what we do with the With the administration unable to those detainees who were released re- detainees, which is a difficult problem propose and seek support for a com- turn to the battlefield. One of them is for us. They are not in the criminal prehensive plan that encompasses all a high-ranking al-Qaida operative in system in the United States, nor aspects of detainee policy, the Congress southern Afghanistan and another in should they be. They are not enemy has been understandably reluctant to Pakistan. So this is a real threat. combatants, as far as representing a fund the closure of Guantanamo as the The lack of a comprehensive, well- foreign country. President requested in this supple- thought-out plan led to a predictable We are going to have to figure out mental. In fact, the Democratic chair- political backlash to any movement on our way through it. I invite the admin- men of the Appropriations Committee Guantanamo. Instead of unifying istration to talk with Members in op- in both the House and Senate have now Americans behind a plan that keeps us position to closing it. We shouldn’t stripped funding for closing Guanta- safe and honors our values, the admin- have an artificially specific date to namo from their respective supple- istration’s course of action has unified close Guantanamo Bay, when we don’t mental funding bills. The Senate ma- the opposition to moving forward—and have an alternative set up. We don’t jority leader now says his party will move forward we must. National secu- have a system set up for how we are not proceed in the absence of a com- rity issues of this dimension require going to handle the detainees we are prehensive plan for Guantanamo’s clo- more than announcements and future going to try. It makes better sense to sure. promises. They require full detailed ex- not have this arbitrary timeline set It didn’t have to be this way. During planations of a proposed course in and for us to work together on how we the past election, I too supported clos- order to gain the support of the Amer- are going to work our way through ing Guantanamo and pledged to do so. ican people and their elected leadership this, and we should work together in a I continue to believe it is in the inter- in Congress. That is what will be re- bipartisan fashion. I think we can do est of the United States of America to quired for success in closing the prison it. I support the Inouye-Inhofe amend- close Guantanamo. But all policy- at Guantanamo Bay. ment. It is appropriate and I think it makers must understand how essential I know we will hear arguments dur- represents where most U.S. citizens it is to gain the trust of the American ing this debate that we should deny are. people on this sensitive national secu- funding to close Guantanamo until we I close by congratulating and thank- rity issue. We cannot simply proceed see a plan on what to do with the de- ing our military personnel who work at without explaining to the American tainees, and we will also probably see Guantanamo Bay. I think they are people what the plan is for how these amendments to deny detainees any doing an outstanding job under very prisoners will be handled in a way that sort of entry or asylum into the United difficult circumstances. It is a tough is consistent with American values and States, whether it is for trial, post- setting they are working in. It is a protective of our national security. trial incarceration, long-term preven- tough issue we are dealing with. I The American people deserve a detailed tive detention, or administrative de- think they are doing a good job. I explanation of what will take place the tention pending deportation. We will

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5604 CONGRESSIONAL RECORD — SENATE May 19, 2009 do the best we can to deal with these Iraq or wherever it was. None of them Hundreds of the detainees at Guanta- issues, with the information from the had any connection with al-Qaida at namo have been released. Many of administration that is available to us. all. This was all a huge mistake. them have showed up again on the bat- I look forward to working with my I have been in the storeroom where tlefield. Indeed, some of them have colleagues on both sides of the aisle on they keep all of the items that were been killed by American troops on the this issue. But most important, I again taken from these detainees when they battlefield as they have been fighting say to the President that I will work were picked up. The question arises: back, which means the interrogators with him to forge a bipartisan solution What is a goat herder doing with hun- who decided they were no longer dan- to this very difficult problem that dreds of dollars of American money in gerous made a mistake. It turns out faces all of us. I urge again that we ad- $100 bills? What is a goat herder doing they really were dangerous, they really dress all the detainee policy issues in a with sophisticated explosive equipment were connected at a higher level than comprehensive fashion and lay out a in his back sack? What is a goat herder we were able to determine through the plan that will keep us safe and honor doing with forged passports and other interrogator, and they had fooled the our values. I strongly believe a com- information and documentation? interrogator into believing they were prehensive plan will lead to success, Maybe these people are not all goat innocent bystanders who somehow did while a piecemeal approach, without herders. Maybe these people really are not belong there, and they got released addressing the legitimate concerns of connected with al-Qaida, just based on and found their way back to Afghani- the American public and Congress, will what they found. stan, back to the battlefield. Some of continue to divide us. I have watched an interrogation take them whom we knew well enough from I yield the floor. place at Guantanamo by closed-circuit their time in Guantanamo identified on Mr. INOUYE. Madam President, I television. The interrogation room is the battlefield were shot and killed by suggest the absence of a quorum. one which has stuffed furniture, pleas- American forces in firefights where The PRESIDING OFFICER. The ant surroundings. The detainee, to be they were attacking Americans. clerk will call the roll. sure, has irons on his legs so that he One of the things they do at Guanta- The legislative clerk proceeded to cannot leave his chair where he is sit- namo—‘‘they’’ being the detainees—is call the roll. ting. They are not tying him directly to make every effort to communicate Mr. BENNETT. Madam President, I to the chair, but he couldn’t get up and with each other and create conspiracies ask unanimous consent that the order walk out. But he is sitting on the within the prison. Conspiracies to do for the quorum call be rescinded. chair, and the interrogator is sitting what? Conspiracies to create incidents The PRESIDING OFFICER. Without across the room in another chair, and that will create international outrage objection, it is so ordered. they are having a pleasant conversa- against the United States. Mr. BENNETT. Madam President, I tion. Two weeks before we arrived there, rise to thank the chairman of the full You say: What kind of an interroga- there was one such incident. I had not committee, along with the ranking tion is this? The interrogation is a con- seen it in the American newspapers. I member, for their wisdom with respect versation, and it goes on for an hour, was told that it was reported in the to the money allocated for Guanta- an hour and a half. Then next week American newspapers but only in pass- namo Bay and the prison there. I want there is another conversation that goes ing. When we got the details from the to make a few comments with respect on for an hour, an hour and a half, 2 guards and the administrators of the to the prison at Guantanamo Bay. hours, whatever it might be. Out of prison describing the specifics of what I have visited the prison at Guanta- those conversations, little items begin had happened, I realized that the story namo Bay. I led a CODEL—for those to slip from the mouth of the detainee. in the American newspapers was very watching on television, that means a The interrogator is able to take those sketchy. congressional delegation—of myself, items and piece them together, and Over a period of months, the detain- members of the House, and, on this oc- pretty soon, after a few weeks or ees conspired together to create an in- casion, I took some members of the Eu- maybe a month or two, the interro- cident in the area that was part of the ropean Parliament. That is interesting, gator knows that goat herder A has exercise facility. They planned it very because when we came back and held a just identified goat herder B as an ex- carefully. They worked together. They press conference to report what we had plosives expert high in the level of al- complied with all of the rules in the found, members of the European Par- Qaida. Then, based on that informa- prison that would allow them greater liament on the CODEL said, ‘‘We can- tion, when goat herder B is in for his freedom because as the commandant of not participate in this press con- interrogation, there is a conversation, the prison said to us: I don’t have very ference.’’ I said, ‘‘Why?’’ They said, ‘‘If and another thing starts to slip. Over a many sticks; I only have carrots. we told the truth about what we saw at period of months, a pattern of informa- To get people to cooperate, if they Guantanamo, we could not go home to tion emerges that makes it possible to abide by the rules they lay down, we Europe. The animosity toward Guanta- identify who is what and where in the give them greater freedom, we give namo in Europe is so strong that if we whole al-Qaida operation. them greater opportunities. So these told the truth about how good things Understand, the interrogation is not people would comply in every way are down there, we would be attacked Soviet style to try to beat a confession until they could get to a circumstance politically in Europe and we would lose out of anybody. It is to find out infor- where they could talk to each other, be our seat in the European Parliament.’’ mation that can be used in the war on the exercise field, and hatch their I said: Well, I don’t want you to lose against terror. This information is plan. your seats in the European Parliament. painstakingly put together over a pe- Finally, this is what they did. They I won’t ask you to participate. But we riod of time. Pretty soon, the pattern put up some screens in the form of did hold a press conference, and one of emerges, and the interrogators begin to clothing or some kind of cover so that those who did participate said: I wish understand who these people are, what the guards, for a short period of time, the prisons in my district back home their relationship to each other may could not see what they were doing in were as good as the prison in Guanta- be, and what their role was out on the this room. In that period of time, they namo. battlefield. pulled down the fluorescent tubes from Let me describe what we found in One of the things I had not realized the light fixtures in the ceiling so that Guantanamo, not with respect to how until I got there was that as a result of they could use them as weapons. At the well the prison was designed or how this process, the determination has same time, they covered the floor with well the prison was administered but been made with respect to hundreds of a variety of liquids, their purpose was who the prisoners are, or, as they are these detainees that they are no longer to make the floor as slippery as pos- appropriately called, the detainees. dangerous, they no longer have any in- sible. Then when the guard came in to If you talk to the detainees, every formation we need, they are no longer see what was going on because the one of them is a goat herder picked up in a position to be dangerous to the screens had gone up, as he walked in, by accident by the American troops United States. When that determina- suddenly he was standing on liquids when they were in Afghanistan or in tion is made, they are released. that were slippery so that he couldn’t

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5605 get his footing very well, and they were not prepared to deal with people who committee on the decision to withhold attacking him with the fluorescent are potential suicides to make a point, this funding until such a plan has been tubes as weapons, trying to create a people who will deliberately provoke made available to us. significant incident. Fortunately, he the guard in the hope that they will I yield the floor, and I suggest the ab- was able to keep his footing. He was get killed or seriously injured in order sence of a quorum. able to pull out his weapon. He was to make an international incident. The legislative clerk proceeded to able to gain control of the situation, This is not your average automobile call the roll. and the rest of the guards were alerted stealer. This is not even your average Mr. HATCH. Madam President, I ask fast enough to come in before it turned drug dealer. This is someone who has a unanimous consent that the order for into serious injury. But the American political agenda and sees the prison in the quorum call be rescinded. guard came very close to serious in- America as the stage on which that The PRESIDING OFFICER. Without jury. agenda can be acted out. To put that objection, it is so ordered. Mr. HATCH. Madam President, I, Their hope was, as nearly as the in- prisoner into an American prison again, rise to express my concerns re- terrogators could figure out, to pro- where they are going to be rubbing garding the closure of the Guantanamo voke the Americans into killing one of shoulders with other convicts who have Bay Detention Center. The closure of them. Their hope was to create a cir- absolutely no idea what they are get- this Nation’s only secure strategic in- cumstance where there would be a ting into and call upon guards to deal terrogation center puts our Nation at death in Guantanamo that would cre- with them who have no idea what they are getting into is seriously not a good risk. ate a worldwide outcry of outrage I am uncompelled by the Obama ad- against the brutal Americans in this idea. Where do you keep people like this? ministration’s legal and policy reasons prison and thereby make their political You keep them in a facility that is de- to justify closing Guantanamo within point. the next 8 months. Currently, there is There were many other examples signed to deal with them. You keep them with guards who are trained to no suitable replacement for Guanta- which were given to us of attacks on deal with them. And you use the facil- namo. This $200 million facility is se- the guards by the prisoners in cir- ity to get the information they can cure and is a state-of-the-art facility. cumstances, again, that are not appro- give you to be helpful in the war on Moreover, it is located away from pop- priate to discuss in this setting but terror. That is what the prison at ulation centers and staffed by trained that are thoroughly disgusting and Guantanamo was built to become, and military personnel. Guantanamo has outrageous in terms of the violation of that is what it is. no equal within the continental United the person of the guards involved. If the President of the United States States. On one occasion where it was par- now decides that keeping Guantanamo On March 19, 2009, it was reported by ticularly outrageous, it was a young open is a political embarrassment with the Wall Street Journal that Attorney woman who had joined the Navy and other countries in the world and it be- General Eric Holder made reference to was in her first assignment doing her comes necessary for us in our diplo- the idea that the Department of Jus- best to patrol up and down an aisle be- macy to close Guantanamo, I say that tice would bring some of the detainees tween the cells. In this case, the cells is his decision. The Constitution gives to this country and release them. The had screens on them through which him the responsibility of foreign af- Attorney General’s statement that he items could be thrown. They were fairs, and I will respect that decision. is open to a policy of outright release thrown at her and in her face. But as a Member of the Congress, I of terrorists brought to the United Their commanding officer said to don’t want to fund that decision until I States is disturbing, coming as it does her: Go take a shower and take the know what he has in mind as an alter- from the senior administration official afternoon off, to recover from this hor- native place to put them. The idea of charged with executing this plan. It rendous kind of experience for her. breaking them up and scattering them also does not dispel my grave concerns She said: I will take the shower, I around the United States and letting about closing Guantanamo Bay. will get a clean uniform, but I will them go to ordinary prisons—be they Indeed, the manner in which this clo- come back. I will not let them intimi- Federal, State, or local—in the United sure has been orchestrated has pro- date me to say I can no longer walk my States is to ignore who they are and ig- vided few details and little assurance patrol. nore what they can do and ignore the about how this facility will be closed That is the kind of valor and integ- challenge they represent to law en- within the next 8 months and what will rity we have from the Americans who forcement and penitentiary personnel be the superior alternative to Guanta- are there policing these people. in America’s existing prisons. So that namo. I could go on about other things we is why I applaud the chairman in his Of the approximately 240 detainees discovered. The primary health care decision to say we are going to put this remaining at Guantanamo, 174 of them problem the detainees have in Guanta- off. We are going to delay the time received or conducted training at al- namo is obesity. They are fed so well when Guantanamo will be closed until Qaida camps and facilities in Afghani- and they have no control on how much we have a logical place to put them. stan. There is direct evidence that 112 they eat; they can use whatever they Because right now, if you want to de- participated in armed hostilities want from the food as they come into scribe the logical place to put these against U.S. or coalition forces. Fur- the commissary. The doctors and the prisoners at this time, in this par- thermore, 64 of these remaining detain- nurses who are there to take care of ticular struggle with al-Qaida and the ees either worked for or had direct con- them say we have a problem of over- rest of the terrorists, the logical place tact with Osama bin Laden, and 63 of weight with every one of them. They is where they are right now. If it means the remaining detainees had traveled have never had this much food avail- keeping Guantanamo prison for an to Tora Bora. able to them in their lives. extra year or an extra 2 years or what- In 2001, the Tora Bora cave complex They are all looked after. Many of ever it takes to get an intelligent al- became the fallback position for the them came with significant health care ternative, I say, let’s do that. Because Taliban and was believed to be the problems off the battlefield, and it is the intelligent alternative does not hideout for Osama bin Laden. Not just the American medical corps that has exist at the moment. anyone could gain access to these made them well and whole. I hear no plans being drawn to create caves. We have gone through these par- Why do I dwell on all of this about it in the future. I think we owe it to ticular features. There were 174 who re- the nature of the prisoners? Because I those Americans who would otherwise ceived training in al-Qaida camps in am sympathetic with those Americans have to deal with it if the U.S. Navy Afghanistan; 112 participated in armed who say: We don’t want these people in doesn’t, to say we are not going to turn hostility with the U.S. or coalition our prisons. And indeed we don’t—not them over to you until you have a le- forces; 64 worked for or had contact because of a ‘‘not in my backyard’’ gitimate and well-thought-out plan as with Osama bin Laden; 63 traveled to syndrome, but guards who are trained to the way to deal with it. Tora Bora. to deal with the kinds of prisoners who It is for that reason, again, that I The administration has stated that show up in American prisons now are congratulate the chairman and the they will bring the Chinese Uighurs to

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5606 CONGRESSIONAL RECORD — SENATE May 19, 2009 the United States for the sole purpose onstrated a strong analytic under- Moreover, it does not appear to be of releasing them. All 17 Uighurs have standing of what is motivating ter- fiscally smart to shutter a functional demonstrable ties to the East rorist recruitment. Furthermore, ter- $200 million facility that has no equal Turkistan Islamic Movement, the rorist organizations did not appear to domestically. Why would the Federal ETIM, a designated terrorist organiza- face a shortage of recruits for violent Government transfer detainees from a tion since 2004. The ETIM made ter- jihad prior to the media frenzy on the secure military facility located on an rorist threats against the 2008 Beijing Guantanamo facility. Jihadists are island that is isolated from populous Olympics, and, regardless of previous ideologically motivated. In fact, cor- areas to a domestic military installa- terrorist activity, any member of this roborated evidence obtained from tion? Why should we make the Marshal organization would be ineligible to interviews and interrogations of de- Service or the Bureau of Prisons jump enter the United States, pursuant to tainees at Guantanamo has revealed through hoops to recreate or replicate Federal immigration law, let alone be that 118 of the remaining detainees in the proven effective model of a deten- allowed to roam this country. custody were recruited or inspired by a tion facility that Guantanamo has be- One of the trainers for these Chinese terrorist network. Therefore, closing come. nationals was Hassan Mahsun, an asso- Guantanamo in the next 8 months is A few weeks ago President Obama ciate of Osama bin Laden. The Uighurs simply not going to be a ‘‘silver bullet’’ asked his Cabinet to find ways to save traveled to Afghanistan by using al- and solve the problem of recruitment $100 million from the Federal budget. Qaida resources. They were also lodged to violent jihad. However, the President’s Defense Sup- in al-Qaida safe houses and terrorist For this and other reasons, I am sim- plemental contained $80 million for the training facilities. This alone is indic- ply not willing to trade Guantanamo closure of Guantanamo. The adminis- for the possibility of trying to appease ative that these terrorists were vetted tration had no plan on how to spend and become more popular with our and respected enough to be allowed ac- that $80 million and had not identified critics living in foreign countries. Pop- cess to al-Qaida havens. a replacement that is superior to Guan- ularity is an inappropriate and ex- Title 8, section 1182 of the United tanamo. Fortunately, the House of tremely mushy measure of policy States Code defines inadmissible Representatives addressed this flawed soundness. Many of our foreign critics aliens. Under this law, any alien who plan or lack of a plan, and correctly would like our nation to abandon its has engaged in terrorist activity or is a stripped the $80 million out of the De- support for Israel. Of course we fense Supplemental. Since 1903, we representative of a terrorist organiza- wouldn’t. If our Nation’s popularity have been paying rent to Cuba for the tion is ineligible to enter the United abroad is our primary concern, use of Guantanamo Bay. This amount States. The ‘‘Guantanamo’’ Uighurs wouldn’t we have to consider that op- is less than $5,000 a month. Despite have certainly met this definition, but tion? I know this Senator will never this, the administration insists on clos- to completely address this argument, I consider that, irrespective of what our ing Guantanamo and spending millions want to take this analysis one step fur- foreign critics say or what the contem- of taxpayer dollars without a defined ther. The law also states that ‘‘any porary media or oversensitive dip- alien who has received military-type lomats suggest. plan. That is ludicrous. training from or on behalf of any orga- If the administration follows its In February, a Department of De- nization that, at the time the training timeline, as I have said before, Guanta- fense report determined that Guanta- was received, was a terrorist organiza- namo will be closed in 8 months. Any namo far exceeds any detention facil- tion, is ineligible to enter the coun- detainees left in custody at the end of ity here in the United States. This re- try.’’ that time will be transported to the port also found that the facility is in That is what this says: United States. I think it bears repeat- compliance with Common Article III of In general any alien who has received mili- ing that this transport will be from a the Geneva Convention. I am sure I tary training as identified in section 2339 secure, state-of-the-art facility—one need not remind my colleagues, many D(c)(1) of title 18, from or on behalf of any that is already operational and fully of whom have visited Guantanamo as I organization that, at the time training was staffed with trained military per- have, that this facility has the capa- received, was a terrorist organization as de- bility to accommodate a trial, provide fined in clause VI. sonnel. Relocation of these detainees to the United States would require health care and securely house some of I also would like to point out that agencies like the U.S. Marshal Service, the most dangerous terrorists ever cap- my esteemed colleague from the Judi- FBI and the Bureau of Prisons—BOP— tured. ciary Committee, Senator SESSIONS, to divert assets and manpower from es- Sadly, the epitaph of the Guanta- has brought this statute to the atten- sential programs and facilities to se- namo Bay Detention Facility was writ- tion of the Attorney General. My col- cure these detainees. ten the day the executive orders to league has asked for the reasoning be- It is worth noting that the Bureau of close it were signed. Despite not having hind the Justice Department’s asser- Prisons does not have enough space a process to close Guantanamo, the ad- tion that the Uighurs could be foisted available to house these detainees in ministration is determined to do it upon unsuspecting American commu- high-security facilities. BOP officials anyway. Therefore, Guantanamo will nities as Chinese citizens in need of have previously stated that they con- be closed in 8 months—not because its asylum. The Justice Department’s sider these prisoners a ‘‘high security current conditions violate the Geneva opinion that terrorists can be brought risk.’’ As such, they would need to Convention, but because of a slan- to this country for the purposes of non- house them in a maximum-security fa- derous campaign by the media to paint detention is preposterous. It is another cility. The BOP has 15 high-security fa- Guantanamo as a symbol of injustice. example of this administration’s pro- cilities. These installations were origi- Unfortunately, some of my colleagues pensity to leap before it looks—to rush nally built to hold 13,448 prisoners, yet have drank the Kool-Aid and bought headlong into making policy without they currently house more than 20,000 into this canard. Let me remind my carefully analyzing what the unwanted high-security inmates. So it doesn’t colleagues that Common Article III of byproducts or consequences of that pol- take a rocket scientist to see that the the Geneva Convention requires that icy will be. I am interested in hearing BOP cannot receive these Guantanamo prisoners of war not be held in civilian the Justice Department’s legal rea- detainees. The Bureau’s high-security prisons and should not be tried in civil- soning for justifying this transfer. facilities are already woefully over- ian courts. Three weeks ago, while in Germany, crowded by nearly 7,000 inmates. Guantanamo is still an asset to this Attorney General Holder described the Look at the current population, the country. I don’t see how anyone who is closure of Guantanamo as ‘‘good for all yellow bar graph. The blue one is the honest about the matter can charac- nations.’’ He argued that anger over total rated capacity. We have enough terize it any other way, especially the prison has become a ‘‘powerful people in these high maximum security when there is not a sufficient replace- global recruiting tool for terrorists.’’ prisons that they are overfilled now. ment located domestically to meet the With all due respect to the Attorney Yet they want to put these high-risk Justice Department’s needs. It is my General, neither he nor anyone else in terrorists—somewhere. They certainly fervent hope that the President and the this administration has yet dem- can’t be in these high-risk facilities. Attorney General will reconsider their

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5607 ill-considered plan to close Guanta- Harry Reid, Christopher J. Dodd, Charles There being no objection, the mate- namo and recognize the obvious—that E. Schumer, Mark Begich, Mark L. rial was ordered to be printed in the Pryor, Richard Durbin, Patty Murray, a $200 million dollar facility that is al- RECORD, as follows: ready operational and in compliance Tom Harkin, Edward E. Kaufman, Claire McCaskill, Michael F. Bennet, CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL with international treaties should not Mark Udall, Jeanne Shaheen, Carl be shuttered and closed. Levin, Jack Reed, Sheldon Whitehouse, YEAR 2010—S. CON. RES. 13; REVISIONS TO THE Mr. President, I yield the floor. Daniel K. Inouye. CONFERENCE AGREEMENT PURSUANT TO SECTION I suggest the absence of a quorum. Mr. REID. Mr. President, I ask unan- 401(c)(4) ADJUSTMENTS TO SUPPORT ONGOING OVER- The PRESIDING OFFICER. The SEAS DEPLOYMENTS AND OTHER ACTIVITIES clerk will call the roll. imous consent that the mandatory The assistant legislative clerk pro- quorum also be waived. [In billions of dollars] ceeded to call the roll. The PRESIDING OFFICER. Without objection, it is so ordered. Section 101 Mr. INOUYE. Madam President, I ask (1)(A) Federal Revenues: unanimous consent that the order for f FY 2009 ...... 1,532.571 the quorum call be rescinded. MORNING BUSINESS FY 2010 ...... 1,653.682 The PRESIDING OFFICER. Without FY 2011 ...... 1,929.625 objection, it is so ordered. Mr. REID. Mr. President, I ask unan- FY 2012 ...... 2,129.601 FY 2013 ...... 2,291.120 AMENDMENT NO. 1137 imous consent that we now proceed to a period of morning business with Sen- FY 2014 ...... 2,495.781 Mr. INOUYE. Madam President, I ask (1)(B) Change in Federal Revenues: unanimous consent that the pending ators allowed to speak therein for up to FY 2009 ...... 0.000 amendment be set aside and that the 10 minutes each. FY 2010 ...... ¥12.304 ¥ Senate return to the consideration of The PRESIDING OFFICER. Without FY 2011 ...... 159.006 objection, it is so ordered. FY 2012 ...... ¥230.792 amendment No. 1137. This technical FY 2013 ...... ¥224.217 amendment has been cleared by both f FY 2014 ...... ¥137.877 sides. CHANGES TO S. CON. RES. 13 (2) New Budget Authority: The PRESIDING OFFICER. Without FY 2009 ...... 3,673.472 Mr. CONRAD. Mr. President, section FY 2010 ...... 2,888.696 objection, the amendment is pending. 401(c)(4) of S. Con. Res. 13, the 2010 FY 2011 ...... 2,844.910 Is there further debate? If not, the budget resolution, permits the chair- FY 2012 ...... 2,848.117 question is on agreeing to the amend- FY 2013 ...... 3,012.193 man of the Senate Budget Committee ment. FY 2014 ...... 3,188.847 The amendment (No. 1137) was agreed to adjust the section 401(b) discre- (3) Budget Outlays: to. tionary spending limits, allocations FY 2009 ...... 3,358.476 pursuant to section 302(a) of the Con- FY 2010...... 3,002.654 Mr. INOUYE. Madam President, I FY 2011 ...... 2,968.219 suggest the absence of a quorum. gressional Budget Act of 1974, and ag- FY 2012...... 2,882.741 The PRESIDING OFFICER. The gregates for legislation making appro- FY 2013 ...... 3,019.399 clerk will call the roll. priations for fiscal years 2009 and 2010 FY 2014 ...... 3,174.834 The assistant legislative clerk pro- for overseas deployments and other ac- ceeded to call the roll. tivities by the amounts provided in CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL Mr. REID. Mr. President, I ask unan- such legislation for those purposes and YEAR 2010—S. CON. RES. 13; REVISIONS TO THE imous consent that the order for the so designated pursuant to section CONFERENCE AGREEMENT PURSUANT TO SECTION quorum call be rescinded. 401(c)(4). The adjustment is limited to The PRESIDING OFFICER (Mr. 401(c)(4) TO THE ALLOCATION OF BUDGET AUTHORITY the total amount of budget authority AND OUTLAYS TO THE SENATE APPROPRIATIONS COM- UDALL of Colorado.) Without objection, specified in section 104(21) of S. Con. MITTEE AND THE SECTION 401(b) SENATE DISCRE- it is so ordered. Res. 13. For 2009, that limitation is TIONARY SPENDING LIMITS Mr. REID. Mr. President, I ask unan- $90.745 billion, and for 2010, it is $130 imous consent that on Wednesday, to- billion. [In millions of dollars] morrow, May 20, after any statements On May 14, 2009, the Senate Appro- of the leaders, the Senate resume con- Initial allo- Revised al- priations Committee reported S. 1054, a cation limit Adjustment location sideration of H.R. 2346 and Inouye bill making supplemental appropria- limit amendment No. 1133; that there be 2 tions for the fiscal year ending Sep- FY 2009 Discretionary Budget hours of debate equally divided and tember 30, 2009, and for other purposes. Authority ...... 1,391,471 88,290 1,479,761 controlled between the leaders on that The reported bill will be offered as a FY 2009 Discretionary Outlays 1,220,843 26,353 1,247,196 amendment or their designees, with complete substitute to H.R. 2346, a bill FY 2010 Discretionary Budget the time allocated as follows: The first Authority ...... 1,082,250 5 1,082,255 making supplemental appropriations FY 2010 Discretionary Outlays 1,269,471 34,753 1,304,224 30 minutes under the control of the Re- for the fiscal year ending September 30, publican leader, the second 30 minutes 2009, and for other purposes. under the control of the majority lead- I find that the amendment in the na- f er, and the final 60 minutes divided ture of a substitute to H.R. 2346 fulfills equally, with 10-minute limitations, the conditions of section 401(c)(4). As a FURTHER CHANGES TO S. CON. with the final 5 minutes of time under result, for fiscal years 2009 and 2010, I RES. 13 the control of Senator INOUYE; that am revising both the discretionary Mr. CONRAD. Mr. President, section upon the use of this time, the Senate spending limits and the allocation to proceed to vote on the Inouye amend- 401(c)(4) of S. Con. Res. 13, the 2010 the Senate Committee on Appropria- budget resolution, permits the chair- ment with no amendment in order to tions for discretionary budget author- man of the Senate Budget Committee the amendment. ity and outlays. For 2009, the total to adjust the section 401(b) discre- The PRESIDING OFFICER. Without amount of the adjustment is $88.290 bil- tionary spending limits, allocations objection, it is so ordered. lion in discretionary budget authority pursuant to section 302(a) of the Con- CLOTURE MOTION and $26.353 billion in outlays. For 2010, Mr. REID. Mr. President, I send a the total amount of the adjustment is gressional Budget Act of 1974, and ag- cloture motion to the desk. $5 billion in discretionary budget au- gregates for legislation making appro- The PRESIDING OFFICER. The clo- thority and $34.753 billion in outlays. I priations for fiscal years 2009 and 2010 ture motion having been presented am also adjusting the aggregates con- for overseas deployments and other ac- under rule XXII, the clerk will report sistent with section 401(c)(4) of S. Con. tivities by the amounts provided in the motion. Res. 13 to reconcile the Congressional such legislation for those purposes and The assistant legislative clerk read so designated pursuant to section as follows: Budget Office’s score of S. 1054 with the amounts that were assumed in section 401(c)(4). The adjustment is limited to CLOTURE MOTION 104(21) of S. Con. Res. 13 for the 2009 the total amount of budget authority We, the undersigned Senators, in accord- specified in section 104(21) of S. Con. ance with the provisions of rule XXII of the supplemental appropriation bill. Standing Rules of the Senate, hereby move I ask unanimous consent that the fol- Res. 13. For 2009, that limitation is to bring to a close debate on H.R. 2346, the lowing revisions to S. Con. Res. 13 be $90.745 billion, and for 2010, it is $130 Supplemental Appropriations Act of 2009. printed in the RECORD. billion.

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5608 CONGRESSIONAL RECORD — SENATE May 19, 2009 I have already made on adjustment CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL our food, drugs, and medical devices. pursuant to section 401(c)(4) for the bill YEAR 2010—S. CON. RES. 13; FURTHER REVISIONS TO Her confirmation marks the beginning reported by the Senate Committee on THE CONFERENCE AGREEMENT PURSUANT TO SECTION of a welcome new era at FDA, and I Appropriations making supplemental 401(c)(4) TO THE ALLOCATION OF BUDGET AUTHORITY look forward very much to working appropriations for the fiscal year end- AND OUTLAYS TO THE SENATE APPROPRIATIONS COM- with her.∑ ing September 30, 2009, and for other MITTEE AND THE SECTION 401(b) SENATE DISCRE- Mr. ENZI. Mr. President, I rise today purposes. The reported legislation was TIONARY SPENDING LIMITS to congratulate Dr. Margaret Hamburg offered as a complete substitute to [In millions of dollars] on her confirmation last night by the H.R. 2346, a bill making supplemental Senate to be commissioner of the Food Initial allo- Revised al- appropriations for the fiscal year end- cation/limit Adjustment location/ and Drug Administration. I wish to ing September 30, 2009, and for other limit also thank Dr. Hamburg for her pre- purposes. FY 2009 Discretionary Budget vious public service and her willingness Authority ...... 1,479,761 925 1,480,686 to once again go through the process of I now file further changes to S. Con. FY 2009 Discretionary Outlays 1,247,196 34 1,247,230 Senate confirmation. The vetting proc- Res. 13 pursuant to section 401(c)(4) for FY 2010 Discretionary Budget ess for executive nominees is thorough an amendment offered under the au- Authority ...... 1,082,255 0 1,082,255 FY 2010 Discretionary Outlays 1,304,224 661 1,304,885 and not without some degree of per- thority of the Senate Committee on sonal and professional sacrifice. I Appropriations. I find this amendment (At the request of Mr. REID, the fol- thank Dr. Hamburg for her willingness satisfies the conditions of section lowing statement was ordered to be to serve. 401(c)(4). As a result, for fiscal years printed in the RECORD.) Dr. Hamburg is an internationally 2009 and 2010, I am further revising f both the discretionary spending limits recognized leader in public health and and the allocation to the Senate Com- CONFIRMATION OF MARGARET medicine, and an authority on global mittee on Appropriations for discre- HAMBURG health, public health systems, infec- tionary budget authority and outlays. ∑ Mr. KENNEDY. Mr. President, I com- tious disease, bioterrorism and emer- gency preparedness. This background is For 2009, the total amount of the ad- mend my Senate colleagues for con- especially important given that the justment is $925 million in discre- firming the President’s nominee for swine flu—H1N1 influenza—has been on tionary budget authority and $34 mil- FDA Commissioner, Dr. Margaret the front pages for several weeks and lion in outlays. For 2010, the total Hamburg. Strong, new leadership is spread across the globe during that amount of the adjustment is $661 mil- needed to improve the operations and time. Dr. Hamburg has a tremendous lion in outlays. With the further ad- morale of the agency and make the FDA again the world class agency that amount of experience with emergency justment in budget authority in 2009, preparedness. the Senate will have used $89.215 billion Americans trust to protect the health of the $90.745 billion permitted in ad- of their families. The FDA has a very broad and crit- justments under section 401(c)(4). Fi- Dr. Hamburg’s expertise in commu- ical mission in protecting the public nally, I am also further adjusting the nity health, biodefense, and nuclear, health. Dr. Hamburg is in charge of an biological, and chemical preparedness agency that regulates $1 trillion worth aggregates consistent with section is well-known and highly respected, of products a year. The FDA ensures 401(c)(4) of S. Con. Res. 13 and to reflect and her experience makes her emi- the safety and effectiveness of all the changes made by this amendment. nently well-qualified to lead the FDA drugs, biological products such as vac- I ask unanimous consent that the fol- at this difficult time. cines, medical devices, and animal lowing revisions to S. Con. Res. 13 be As a student and researcher, Dr. drugs and feed. It also oversees the printed in the RECORD. Hamburg learned first hand about safety of a vast variety of food prod- There being no objection, the mate- many of the issues which confront the ucts as well as medical and consumer rial was ordered to be printed in the FDA. Later, at the Office of Disease products, including cosmetics. Prevention and Health Promotion, as RECORD, as follows: As commissioner of the FDA, Dr. assistant director of the National Insti- Hamburg is responsible for advancing CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL tute of Allergy and Infectious Diseases the public health by helping to speed YEAR 2010—S. CON. RES. 13; FURTHER REVISIONS TO at NIH, and as the commissioner of the innovations in its mission areas, and THE CONFERENCE AGREEMENT PURSUANT TO SECTION New York City Department of Health by helping the public get accurate, 401(c)(4) ADJUSTMENTS TO SUPPORT ONGOING OVER- and Mental Hygiene, she proved herself science-based information on medi- SEAS DEPLOYMENTS AND OTHER ACTIVITIES to be a brilliant scientist and leader. cines and foods. [In billions of dollars] Her skills were particularly impressive on tuberculosis, which was the leading Another core mission of FDA is ap- proving drugs and ensuring their safe- Section 101 infectious killer of youths and adults (1)(A) Federal Revenues: in the city in the 1990s and had become ty. However, the FDA can not ensure FY 2009 ...... 1,532.571 the safety of deadly products such as FY 2010 ...... 1,653.682 resistant to standard drugs. Within 5 years, the TB rate in New York City tobacco—it kills people, not cures FY 2011 ...... 1,929.625 them. Yet this week the HELP Com- FY 2012 ...... 2,129.601 fell by 46 percent overall, and 86 per- FY 2013 ...... 2,291.120 cent for the most drug-resistant mittee, of which I am the ranking FY 2014 ...... 2,495.781 strains. member, is set to consider legislation (1)(B) Change in Federal Revenues: that would require the FDA to regulate FY 2009 ...... 0.000 Dr. Hamburg’s impressive experience FY 2010 ...... ¥12.304 was further enhanced by her service as tobacco. At a time when federal dollars FY 2011 ...... ¥159.006 President Clinton’s Assistant Sec- are stretched and resources are lim- FY 2012 ...... ¥230.792 retary for Policy and Evaluation at ited, I have serious concerns about add- FY 2013 ...... ¥224.217 ing more statutory responsibilities at FY 2014 ...... ¥137.877 HHS, as a member of the Institute of (2) New Budget Authority: Medicine, and as vice president for Bio- FDA. In addition, given the recalls of FY 2009 ...... 3,674.397 logical Programs at the Nuclear Threat spinach, peanuts, peppers, and toma- FY 2010 ...... 2,888.696 Initiative. toes over the past two years, FDA’s re- FY 2011 ...... 2,844.910 sources are already stretched too thin FY 2012 ...... 2,848.117 Dr. Hamburg will face many chal- FY 2013 ...... 3,012.193 lenges as FDA Commissioner but she is on the food safety front. FY 2014 ...... 3,188.847 obviously well-prepared to deal with I represent a State that has substan- (3) Budget Outlays: them. She has impressive experience in tial agricultural interests. Food safety FY 2009 ...... 3,358.510 FY 2010 ...... 3,003.315 both clinical practice and research, and and food labeling are critically impor- FY 2011 ...... 2,968.400 her background makes her ideal to lead tant to me and my constituents. I am FY 2012 ...... 2,882.775 the FDA as it combats food-borne ill- hopeful that Dr. Hamburg and I can FY 2013 ...... 3,019.404 nesses, works with other agencies to work together on protecting the Amer- FY 2014 ...... 3,174.836 combat disease outbreaks, and protects ican food supply.

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5609 Additionally, I look forward to work- ades: taking a comprehensive, coordi- Finance and Policy. Seena graduated ing with the new commissioner to re- nated look at the outdated food safety with a bachelor’s degree in religion and store the FDA’s status as one of the laws on the books and making rec- a master’s in public health from Case strongest regulatory agencies in the ommendations on reform. Western Reserve University. She world. I have no doubt that with the Last week I had the opportunity to founded and was president of Project right leadership in place and with Con- attend a first-ever listening session Sunshine, which serves hospitalized gressional oversight, the FDA will hosted by the White House focused on children, and founded and was presi- again be the gold standard and our reg- food safety reform. This was a chance dent of Alternative Break, an organiza- ulatory process the envy of the world. for members of Congress, the adminis- tion that helps organize community Given Dr. Hamburg’s expertise in tration, consumer groups, and industry service trips during spring breaks from emergency preparedness, pandemics to come together and talk about the college. She also worked with Cleve- and public health, I am pleased that challenges facing the safety of our food land Jobs With Justice, a group that the Senate acted quickly on this nomi- supply as well as the solutions. ensures workers’ rights. As a Mitchell nation. Again, I would like to con- Dr. Hamburg, with her public health Scholar, she obtained a master’s degree gratulate Dr. Hamburg on her con- expertise and impressive record of suc- in international human rights at the firmation. cess as former health commissioner of National University of Ireland in Gal- Mr. DURBIN. Mr. President, yester- New York City, is a welcome addition way. She then served as the director of day the Senate confirmed Dr. Margaret to the working group. I had a chance to new initiatives for the New York City ‘‘Peggy’’ Hamburg as Commissioner of meet with Dr. Hamburg before her con- Department of Homeless Services, the the Food and Drug Administration, firmation. During our meeting, as well agency that oversees policies and pro- FDA. as in her confirmation hearing, she grams for the city’s approximately Dr. Hamburg comes to the job at a made clear her commitment to the 37,000 homeless persons. time when our Nation’s food safety sys- long term goal of transforming food The U.S. Government has provided tem is in crisis. In the last couple of safety oversight at FDA to focus on the $500,000 each year for the Mitchell years we have seen nationwide out- public health goal of prevention. I am Scholarship Program. I commend Irish breaks associated with spinach, toma- confident that she is the right person businessman Derek Quinlan for his toes and peppers, and peanuts and pea- to tackle this challenge and others fac- commitment to raise 20 million euros nut butter. With peanuts, we also saw ing the FDA, and to restore morale and toward establishing a permanent en- the biggest food recall in our nation’s public confidence in the agency. I look dowment for this program. The Irish history as hundreds of companies re- forward to working with her and the Government has agreed to match what called thousands of products from other members of President Obama’s is raised for this impressive program, crackers to ice cream to even pet food. food safety working group to enact and I am sure that United States-Ire- Our food safety problems don’t just FDA food safety legislation this year. land ties will continue to benefit sig- start and stop at home: we have also f nificantly from these important schol- seen chemically tainted pet food, milk (At the request of Mr. REID, the fol- arships in the years ahead.∑ products, and seafood from China. lowing statement was ordered to be f It is no secret that our food safety printed in the RECORD.) system is in serious trouble. It is all LETTER TO MEDTRONIC, INC. over the headlines. It’s also no secret GEORGE MITCHELL SCHOLARS Mr. GRASSLEY. Mr. President, I ask that the FDA the agency responsible ∑ Mr. KENNEDY. Mr. President, today, unanimous consent that my letter for protecting nearly 80 percent of our Taoiseach Brian Cowen met with the dated May 18, 2009, to Medtronic, Inc. food hasn’t kept up, with its outdated ninth class of George J. Mitchell Schol- be printed in the RECORD. statutes, eroding budgets, and inad- ars. His decision to meet with this im- There being no objection, the mate- equate resources and authorities. pressive group of students dem- rial was ordered to be printed in the Congress hasn’t passed a major food onstrates the major contribution this RECORD, as follows: safety bill in decades, and we are see- program is making to strengthen the U.S. SENATE, ing the results of that inaction. More future of the United States-Ireland re- COMMITTEE ON FINANCE, than 76 million Americans become sick lationship. Washington, DC, May 18, 2009. because of a food-borne illness each The United States-Ireland Alliance BILL HAWKINS, year, 325,000 are hospitalized, and 5,000 was created in 1998 by my former for- President and Chief Executive Officer, die. Companies lose the confidence of eign policy adviser, Trina Vargo. With Medtronic, Inc., Medtronic Parkway, Min- neapolis, MN. their customers and shareholders, and limited resources and staff, the alli- DEAR MR. HAWKINS: The United States they lose profits. Some experts esti- ance has been at the forefront of recog- Senate Committee on Finance (Committee) mate that the peanut growers will lose nizing, and then responding to, the fun- has jurisdiction over the Medicare and Med- $1 billion as a result of the latest out- damental changes in the United States- icaid programs. As a senior member of the break. Kellogg, just one company Ireland relationship. United States Senate and as Ranking Mem- among hundreds, lost $70 million. The Mitchell Scholarship program is ber of the Committee, I have a special re- The time for comprehensive food the keystone of the United States-Ire- sponsibility to protect the health of Medi- safety reform is long past due. In land Alliance. It has been led ably by care and Medicaid beneficiaries and safe- guard taxpayer dollars authorized by Con- March, Senator GREGG and I intro- Mary Lou Hartman, and has gone from gress for these programs. This includes the duced the FDA Food Safety Moderniza- strength to strength. In a few short responsibility to conduct oversight of the tion Act, a bipartisan bill that gives years, the program has become as com- health care industry, including makers of the FDA the new authorities and re- petitive and as sought after as other medical devices, which receive hundreds of sources it needs to protect our food renowned scholarships such as the billions of taxpayer dollars every year for supply. This bill improves the FDA’s Rhodes, Marshall, and Fulbright Schol- the care of Americans. capacity to prevent, detect, and re- arships. This year, 300 people applied In carrying out this duty, I have been ex- amining the substantial financial ties be- spond to food safety problems, whether for the 12 annual Mitchell Scholar- tween the device industry and practicing it’s salmonella-tainted peanut butter ships. I have followed the causes of physicians. I have also been examining the from Georgia or melamine-spiked baby these former Mitchell Scholars and safety and cost of medical devices that are formula from China. they are already making outstanding sold to the American public. As the largest For the first time in a long time, we contributions and reflect the commit- medical device company in the United are also seeing leadership on food safe- ment to service exemplified by our States, the practices of Medtronic, Inc. ty from the other end of Pennsylvania former Senate colleague, George (Medtronic) have a profound impact on Avenue. The Food Safety Working American healthcare. Mitchell. Last October, I sent you a letter asking Group, led by Health and Human Serv- One former Mitchell Scholar, Seena Medtronic to disclose payments to ‘‘all phy- ices Secretary Kathleen Sebelius and Perumal, lives in Cambridge, MA, sicians with whom Medtronic has consulting Agriculture Secretary Tom Vilsack, is where she serves is chief of staff for the agreements for Infuse.’’ This request was doing what hasn’t been done in dec- Massachusetts Division of Health Care spurred by an article in the Wall Street

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5610 CONGRESSIONAL RECORD — SENATE May 19, 2009 Journal (WSJ), which reported on allega- MEDTRONIC INC. REPORTING: PHYSICIANS WITH WHOM celebrate 50 years of hard work, ambi- tions of financial incentives provided to doc- MEDTRONIC HAS CONSULTING AGREEMENTS FOR IN- tion, and the long success of their busi- tors that included ‘‘entertainment at a Mem- FUSE—Continued ness. phis strip club, trips to Alaska and patent A hearty congratulations to the royalties on inventions they played no part Name Year Total amount in.’’ Simpson family and Johnny’s Car With the exception of one individual who is 2008 16,000 Wash. They are an excellent example of John-Louis Ugbo ...... 2005 2,000 now deceased, listed below is the financial a steady and thriving small business in information documenting all consultants f the Commonwealth.∑ who received compensation, which Med- f tronic provided to me [Attached]. ADDITIONAL STATEMENTS I am concerned that Medtronic did not in- CONGRATULATING JHPIEGO ON clude Dr. Timothy Kuklo in response to my ITS 35TH ANNIVERSARY 2009 NATIONAL SCIENCE BOWL written request. It is clear that Dr. Kuklo ∑ Mr. CARDIN. Mr. President, today I had some sort of consulting agreement with CHAMPIONS wish to commemorate the 35th anni- Medtronic and was named as a Medtronic ∑ consultant for Infuse in an article that ran Mrs. BOXER. Mr. President, I am versary of Jhpiego, an exceptional or- in the New York Times on May 13, 2009. pleased to recognize the 2009 U.S. De- ganization dedicated to helping the less There is of course the possibility that Dr. partment of Energy National Science fortunate in developing countries Kuklo had a more general type of consulting Bowl Champions Mira Loma High around the world. agreement with Medtronic that may have in- School in Sacramento, CA. Jhpiego is an international, non- cluded Infuse, as well as other Medtronic The National Science Bowl is a na- profit health organization affiliated products. In the future, I hope that instead tional high school competition that with Johns Hopkins University and is of not providing me with the name of the tests each team’s knowledge in astron- physician involved in Infuse, or any other located in my hometown, the city of matter that I am looking into, that omy, biology, chemistry, earth science, Baltimore. For 35 years, Jhpiego has Medtronic contact me to avoid the situation general science, mathematics, and empowered front line health care work- in which we find ourselves. physics at a college freshman level. ers by designing and implementing ef- In light of the issues set forth above, I Mira Loma’s National Science Bowl fective, low-cost, hands-on solutions to would greatly appreciate Medtronic explain- team consisted of senior team captain strengthen the delivery of health care ing why Dr. Timothy Kuklo was not listed in Rishi Kulkarni; juniors Edward Lee services for women and their families. the information provided me earlier. and Heather Yee; sophomores Andrew From their origins as technical ex- Thank you in advance for your continued cooperation in this matter and commitment Chen and Sriram Pendyala, and Coach perts in reproductive, maternal and to transparency. I look forward to hearing James Hill. child health, Jhpiego has grown to em- from you by no later than June 1, 2009. All The Mira Loma team qualified for brace new challenges, including pre- documents responsive to this request should the national competition by winning vention and treatment of HIV/AIDS, be sent electronically in PDF format to the Sacramento Regional Science Bowl malaria and cervical cancer. The staff [email protected]. If in the spring. At the National Science of Jhpiego have worked in 150 countries you have any questions, please do not hesi- Bowl, Mira Loma High School joined 67 around the globe and currently run 60 tate to contact Paul Thacker. high schools from 42 States, the Dis- programs in over 40 countries. Sincerely, trict of Columbia, Puerto Rico, and the Scientific innovations are the corner- CHARLES E. GRASSLEY, Ranking Member. U.S. Virgin Islands to compete for the stone of Jhpiego’s approach to reducing Attachment. national championship in Washington, the preventable deaths of women. I par- DC. Mira Loma High School’s victory ticularly want to highlight their work MEDTRONIC INC. REPORTING: PHYSICIANS WITH WHOM at the National Science Bowl has combating cervical cancer. In 1990, MEDTRONIC HAS CONSULTING AGREEMENTS FOR INFUSE earned the team a research trip to the Jhpiego established its Cervical Cancer prestigious International Science Prevention—CECAP—Program. Work- Name Year Total amount School in Sydney, Australia, to further ing with colleagues and stakeholders, Lisa Cannada ...... 2005 $2,000 pursue their studies in science. the CECAP program pioneered a 2006 20,700 2007 14,000 In competing for the national cham- unique, medically safe, acceptable and 2008 7,700 pionship, the Mira Loma High School cost-effective approach to cervical can- Michael Carstens ...... 2006 46,800 2007 21,600 team learned many valuable lessons, cer prevention for low-resource set- 2008 31,200 including tenacity, dedication to their tings called the ‘‘single visit ap- David Cochran ...... 2006 35,200 2007 18,000 schoolwork, and teamwork. It is with proach.’’ Hundreds of thousands of 2008 14,000 great pride that I congratulate them women have been spared the horrible Curtis Dickman ...... 2003 12,900 2004 100 on this remarkable accomplishment death of cervical cancer as the result of Rajeev Garapati ...... 2007 8,600 and wish them continued success. this intervention. Judith Gogola ...... 2006 500 David Hak ...... 2008 10,500 I invite my colleagues to join me, Amid many areas of expertise and ef- James Hardacker ...... 2006 2,100 Mira Loma High School, and the Sac- fort, Jhpiego has worked tirelessly in 2007 9,200 2008 7,100 ramento community in recognizing the its efforts to call the world’s attention B. Matthew Hicks ...... 2004 6,600 Mira Loma High School Science Bowl to the second leading cause of death of 2005 24,000 2006 23,000 Team on this wonderful achievement.∑ pregnant women in developing coun- 2007 5,100 f tries, postpartum hemorrhaging. 2008 11,600 Today, through system wide changes Thomas Lyons ...... 2006 41,300 TRIBUTE TO JOHNNY’S CAR WASH 2007 43,200 from the home birth to the hospital, 2008 12,200 ∑ Jay Malmquist ...... 2007 23,100 Mr. BUNNING. Mr. President, today I physicians, nurses, midwives and 2008 24,100 pay tribute to and congratulate Jeff healthcare workers have training and Robert Marx ...... 2006 57,500 2007 24,100 Simpson, owner of Johnny’s Car Wash strategies to address this preventable 2008 28,200 in Erlanger, KY, on their 50th year in death. These interventions have saved Todd Melegari ...... 2006 2,300 Peter Moy ...... 2008 59,900 business. countless lives around the world. Myron Nevins ...... 2007 35,600 In 1959, John Simpson, father of Jeff I commend the staff of Jhpiego for John O’Donnell ...... 2006 4,400 Chetan Patel ...... 2006 1,100 Simpson, converted the original Town their dedication and commitment to 2007 4,200 Car Wash, an establishment in Cov- improving the lives of women and their 2008 15,800 Philip Pryor ...... 2006 2,100 ington, KY, where cars were washed by families around the world. They work 2007 2,600 hand, to an automatic car wash he some of our world’s most remote, dif- 2008 6,600 Kevin Pugh ...... 2005 1,300 named Johnny’s Car Wash. Mr. Simp- ficult and complicated regions. Day in 2006 13,000 son opened a second location in Er- and day out, they with nations to de- 2007 16,100 Daniel Spagnoli ...... 2006 28,100 langer, KY, that still thrives today. velop strategies that are sustainable, 2007 67,600 Nearly four decades later, in 1992, Mr. proven and effective to improve the 2008 42,700 Gilbert Triplett ...... 2005 6,400 Simpson sold his original Johnny’s Car lives of the most vulnerable sectors of 2007 29,000 Wash to his son Jeff, and this year they society.

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5611 I ask my colleagues to join me today as an important component of work- In Dallas, TX, the winners are in congratulating Jhpiego on its 35th place effectiveness. In these same com- Aguirre Roden, Inc.; Amerisure Mutual anniversary.∑ munities, businesses applied and win- Insurance Company; BDO Seidman, f ners were selected for the Sloan LLP; The Beck Group; Community Awards through a process that in- Council of Greater Dallas; Deloitte; 2008 SLOAN AWARDS cluded employees’ views as well as em- Grant Thorton LLP; KPMG LLP; Lee ∑ Mr. CRAPO. Mr. President, today I ployer practices. Hecht Harrison; McQueary Henry join with my colleague, Senator LIN- Together, we congratulate the 2008 Bowles Troy, L.L.P.; State Farm Insur- COLN, to congratulate the 2008 winners winners of the Alfred P. Sloan Award ance Companies; Symbio Solutions, of the Alfred P. Sloan Award for Busi- for Business Excellence in Workplace Inc.; and Workforce Solutions Greater ness Excellence in Workplace Flexi- Flexibility. Dallas. bility, which recognizes companies In Atlanta, GA, the winners are Al- In Dayton, OH, the winners are that have successfully used flexibility ston + Bird LLP; BDO Seidman, LLP; Barco, Inc.; Deloitte; and LJB Inc. to meet both business and employee Cobb County Convention and Visitors In Detroit, MI, the winners are Al- goals. Our offices coordinate and lead Bureau; Ernst & Young LLP; KPMG bert Kahn Family of Companies; the Senate Staff Work Group on Work- LLP; Merrick & Company; North High- Amerisure Mutual Insurance Company, place Flexibility, now in its 8th month. land; and Sprint. The Children’s Center of Wayne Coun- Since September 2008, our staff and In Aurora, CO, the winners are ty; BDO Seidman, LLP; Detroit Re- that of at least 16 of our colleagues and Arapahoe/Douglas Works! Workforce gional Chamber; The Farbman Group; as many as four different committees Center; Aurora Chamber of Commerce; Image One; Lee Hecht Harrison; Menlo have gathered once a month to hear Medical Center of Aurora and Centen- Innovations; Michigan Occupational from research experts and listen to nial Medical Plaza; and Merrick & Safety and Health Administration— first-hand employer and employee ex- Company. MIOSHA; Mill Steel Company; and perience on this important issue facing In Birmingham, AL, the winners are Peckham Inc. our Nation’s workforce and families Allstates Technical Services; AQAF; In Durham, NC, the winners are The today. It is our goal to better define Barfield, Murphy, Shank, & Smith PC; American Institute of Certified Public the appropriate role of government in Concept, Inc.; Deloitte; Ernst & Young Accountants—AICPA; CrossComm, this equation, moving from there to LLP; ITAC Solutions; Birmingham Inc.; Durham’s Partnership for Chil- achieve bipartisan policies that help Metropolitan YMCA; One Stop Envi- dren, a Smart Start Initiative; McKin- and do not frustrate families or hinder ronmental, LLC; Resources Global Pro- ney; North Carolina Mutual Life Insur- businesses. The Sloan Awards are an fessionals; and Sellers, Richardson, ance Company; The Shodor Education important component in the national Holman & West, LLP. Foundation; Skanska USA Building shift toward employment policies that In Boise, ID, the winners are Amer- Inc.; and U.S. Environmental Protec- work better for both employers and ican Geotechnics; Business Psychology tion Agency. employees as this Nation faces the re- Associates; Children’s Home Society of In Houston, TX, the winners are Con- ality of dual income households strug- Idaho; Givens Pursley LLP; LeMaster tinental Airlines; Deloitte; El Paso gling to balance the multiple time Daniels PLLC; Merrick & Rowley Ac- Corporation; Fulbright & Jaworski commitments of children, disabled or counting, LLC; and Trey McIntyre LLP; Hall Barnum Lucchesi Archi- aging family members and their jobs. Project. tects; Klotz Associates, Inc.; KPMG The Sloan Awards are presented by the In Brockton, MA, the winner is KGA, LLP; Pannell Kerr Forster of Texas, When Work Works initiative, which is Inc. P.C.—PKF Texas; Rice University; St. a project of the Families and Work In- In Chandler, AZ, the winners are A & Luke’s Episcopal Health System; The stitute in partnership with the Insti- S Realty Specialists; Arizona Inter- VIA Group LLC.; University of Phoe- tute for a Competitive Workforce, an active Media Group; Arizona Weddings nix; and Vinson & Elkins L.L.P. affiliate of the U.S. Chamber of Com- Magazine & Website; BCD Low Voltage In Lexington, KY, the winners are merce, and the Twiga Foundation Inc. Systems; The Chandler Chamber of Ashland Terrace Retirement Home; The When Work Works initiative is Commerce; Clifton Gunderson LLP; Benefit Insurance Marketing; JRA Ar- sponsored by the Alfred P. Sloan Foun- Dava & Associates, Inc.; Henry & chitects; Lexmark International, Inc.; dation. Horne, LLP; IBM; Intel; Johnson Bank; Potter & Company, LLP; Smiley Pete The companies receiving Sloan Keats, Connelly & Associates Inc.; Publishing; United Way of the Blue- Awards are to be commended for their MDI; Microchip Technology Inc.; New grass; and Woodward, Hobson & Fulton, excellence in providing workplace Horizons Independent Living Center; LLP. flexibility practices which benefit both Omega Legal Systems, Inc.; Point B; In Long Beach, CA, the winners are employees and employers. Achieving Prescott Transit Authority; RIESTER; AES Alamitos, LLC; Healstone; HR greater flexibility in the workplace, Salt River Materials Group; Western NETwork, Inc.; KPMG LLP; Long the goal of which is to maximize pro- International University; WhitneyBell Beach Rescue Mission; and ductivity while attracting the highest Perry Inc.; Wist Office Products; and PeacePartners. quality employees, is a key challenge WorldatWork. In Long Island, NY, the winners are facing American companies in the 21st In Charleston, SC, the winners are Albrecht, Viggiano, Zureck & Co., PC; century. Booz Allen Hamilton LLP; Community The Alcott Group; Child Care Council Businesses in the following 30 cities Management Group; KFR Services, of Nassau, Inc.; Deloitte; KPMG LLP; were eligible for recognition in the 2008 Inc.; LS3P Associates LTD.; Noisette and YES Community Counseling Cen- Sloan Awards: Atlanta, GA; Aurora, Company, LLC; and Scientific Re- ter. CO; Birmingham, AL; Boise, ID; Brock- search Corporation. In Louisville, KY, the winners are A ton, MA; Chandler, AZ; Charleston, SC; In Chicago, IL, the winners are Speaker For You; Delta Dental of Ken- Chicago, IL; Dallas, TX; Dayton, OH; AzulaySeiden Law Group; BDO tucky, Inc.; Deming Malone Livesay & Detroit, MI; Durham, NC; Houston, TX; Seidman, LLP; Deloitte; Ernst and Ostroff CPAs, Girl Scouts of Lexington, KY; Long Beach, CA; Long Young LLP; Frost, Ruttenberg & Kentuckiana Inc.; KPMG LLP; Island, NY; Louisville, KY; Melbourne- Rothblatt, P.C.; IBM—Central Region; McCauley, Nicholas & Company, LLC, Palm Bay, FL; Milwaukee, WI; Morris KPMG LLP; Microsoft Corporation— CPAs; Metromojo.com; Prestige County, NJ; Providence, RI; Richmond, Midwest District; National Able Net- Healthcare; Pro-Liquitech Inter- VA; Rochester, MN; Salt Lake City, work; Perspectives, Ltd; Plante & national; Strothman & Company PSC; UT; San Francisco, CA; Savannah, GA; Moran, PLLC; Sanchez Daniels & Hoff- and Woodward, Hobson & Fulton, Seattle, WA; Spokane, WA; Wash- man LLP; Shakespeare Squared; Teen L.L.P. ington, DC; and Winona, MN. The Living Programs; True Partners Con- In Melbourne-Palm Bay, FL, the win- Chamber of Commerce in each city sulting; Turner Construction Com- ners are Brevard Workforce Develop- hosted an interactive business forum to pany—Chicago Business Unit; Type A ment Board, Inc.; Craig Technologies; share research on workplace flexibility Learning Agency; and Vox, Inc. Hoyman Dobson; Kinberg & Associates,

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5612 CONGRESSIONAL RECORD — SENATE May 19, 2009 LLC; Mercedes Homes; and Space Coast Communications, Inc.; KPMG LLP; TRIBUTE TO HOOSIER ESSAY Early Intervention Center. List Innovative Solutions, Inc.; and CONTEST WINNERS In Milwaukee, WI, the winners are Morgan Franklin Corporation. ∑ Mr. LUGAR. Mr. President, I wish Clifton Gunderson LLP; Deloitte; Ernst In Winona, MN, the winners are today to take the opportunity to ex- & Young LLP; Kahler Slater; KPMG Catholic Charities of the Diocese on press my congratulations to the win- LLP; Laughlin/Constable; Metropolitan Winona; Hiawatha Broadband Commu- ners of the 2008–2009 Dick Lugar/Indi- Milwaukee Association of Commerce; nications; Management Recruiters of ana Farm Bureau/Farm Bureau Insur- Robert W. Baird & Co; Tushaus Com- Winona; Mediascope, Inc.; Sport & ance Companies Youth Essay Contest. puter Services, Inc.; Urban Ecology Spine Physical Therapy of Winona; Wi- In 1985, I joined with the Indiana Center; and West Bend. nona ORC Industries; and Winona Farm Bureau to sponsor an essay con- In Morris County, NJ, the winners Workforce Center.∑ test for 8th grade students in my home are Berkeley College; Fein, Such, Kahn State. The purpose of this contest is to & Shepard, P.C.; Girl Scouts of North- f encourage young Hoosiers to recognize ern New Jersey; KPMG LLP; Schenck, and appreciate the importance of Indi- Price, Smith & King, LLP; Shade Tree REMEMBERING BRIAN O’NEILL ana agriculture in their lives and sub- Garage; and Solix Inc. sequently craft an essay responding to ∑ Mrs. FEINSTEIN. Mr. President, it is In Providence, RI, the winners are the assigned theme. The theme chosen Embolden Design, Inc.; KPMG LLP; with a very heavy heart that I rise for this year was ‘‘Working Our Way to Lefkowitz, Garfinkel, Champi & De today to inform the Senate of the re- Energy Independence.’’ Rienzo PC; Narragansett Bay Commis- cent passing of one of the most incred- Along with my friends at the Indiana sion; Quality Partners of Rhode Island; ible civil servants it has been my honor Farm Bureau and Farm Bureau Insur- Rhode Island Legal Services, Inc; and to know. Sadly, Brian O’Neill, the Na- ance Companies, I am pleased with the Sansiveri, Kimball & McNamee LLP. tional Park Service superintendent at annual response to this contest and the In Richmond, VA, the winners are the Golden Gate National Recreation quality of the essays received over the Bon Secours Richmond Health System; Area in San Francisco, passed away years. I applaud each of this year’s par- Capital One, Hilb Rogal & Hobbs— last week following complications from ticipants on their thoughtful work and HRH; Lee Hecht Harrison; Rink Man- heart surgery. wish, especially, to highlight the sub- agement Services Corporation; and Vir- To know Brian was to have known an missions of the 2008–2009 contest win- ginia Commonwealth Health Systems— extraordinary human being; someone ners—Lynnette Whitsitt of Hunting- VCUHS. who was completely devoted to his pro- burg, IN, and Brandon Wells of Evans- In Rochester, MN, the winners are fession, his family, his friends, and to ville, IN. I submit for the RECORD the Cardinal of Minnesota; Custom Alarm/ the national parks he so dearly loved. complete text of Lynnette’s and Bran- Custom Communications, Inc.; First Since 1986, when he became the su- don’s respective essays. I am pleased, Alliance Credit Union; IBM; RSM perintendent at Golden Gate, Brian has also, to include the names of the many McGladrey, Inc. and McGladrey & Pull- been the inspiration and the driving district and county winners of the con- en, LLP; Southeast Service Coopera- force behind the success of one of the test. tive; Stanley Jones & Associates, Inc.; largest urban parks in the world. What The winning essays are as follows: Venture Computer Systems; and Wi- set him apart, though, was not just a UNTITLED nona State University—Rochester. talent for the day-to-day management (By Lynnette Whitsitt) In Salt Lake City, UT, the winners of a national park, but his grasp of the Could you imagine a world where you flip are 1–800 CONTACTS; AAA Fair Credit principal that a park is far more than on a light switch or press power on the TV Foundation; Cactus & Tropicals; Cafe´ a circle drawn on a map. He knew early and nothing happens? This will be our planet Rio Mexican Grill; Cooper Roberts on that, for a park to flourish, particu- in the foreseeable future if we don’t do any- thing about it. Many people believe that the Simonsen Associates, Inc.; Employer larly an urban park, it needed the sup- port of the local community, and that future isn’t their problem and that it’s sci- Solutions Group; Governor’s Office of entists’ dilemma to solve, but it’s not. If we Economic Development; Intermountain the best way to build that support was don’t do something about this energy crisis Financial Group/Mass Mutual; Inter- through the building of partnerships— now, Earth will pay for it dearly in the fu- mountain Healthcare; McKinnon- partnerships that were the product of ture. We Hoosiers should do what we can, Mulherin, Inc.; Redmond, Incorporated; personal relationships. and contribute our available resources to SelectHealth; and Stayner, Bates & Brian understood that a single park produce renewable sources of power for our employee could only produce a set country. Without it, a global disaster is im- Jensen. minent. In San Francisco, CA, the winners amount of work. But if you could turn Many alternate fuel sources need crops to are Fenwick & West LLP; KPMG LLP; that employee into an ambassador for manufacture them—especially corn and soy- Lee Hecht Harrison; Mother Jones the park, then others could be brought beans. Corn produces ethanol, while Bio- Magazine/Foundation for National in to lighten the load and advance the diesel is made from soybeans. Portions of Progress; Presynct Technologies, Inc.; cause. That is why Brian often said farmers’ crops are sold to manufacturers Sirna Therapeutics, Inc.; and Woodruff- that what he really did was run a that produce these energy sources. Organic waste materials, know as biomass, can now Sawyer & Company. ‘‘friend-raising’’ business. And with well over 20,000 volunteers, I would say be broken down to become biogas. The waste In Savannah, GA, the winner is Envi- materials used vary from crop remains to ronmental Services, Inc. Brian’s instincts were pretty good. animal manure. Biogas can be transformed In Seattle, WA, the winners are Too often in what passes for political into diverse forms of energy, but of the re- BabyLegs LLC; Bader Martin, P.S.; discourse today the term ‘‘bureaucrat’’ newable energy sources that generate elec- BECU; Blue Gecko, Inc.; Cascadia Con- is used as a pejorative. Anyone who tricity, biomass is most abundant. The con- sulting Group, Inc.; Deloitte; would suggest such a meaning obvi- version of waste materials to biogas is a EarthCorps; MarketFitz, Inc.; National ously never met Brian O’Neill. He was, purely organic procedure in which micro- CASA Association; NRG::Seattle; The by any definition and in the finest tra- organisms break wastes down into methane. dition of the civil service, the consum- Hoosier farmers could also utilize farmland Puget Sound Center for Teaching, for wind farms, which will not only provide Learning and Technology; Seattle Hos- mate bureaucrat; a skilled manager the farms with energy but also income from pitality Group; Washington Health whose talents, whose energy, and spare energy sold to power companies. While Foundation; WithinReach; and Work- whose sheer larger-than-life person- wind turbines would occupy land, it could tank. ality will be missed. I am proud to have still be used for its main intention, agri- In Spokane, WA, the winners are Ca- had the privilege of knowing Brian culture. reer Path Services; Humanix Staffing O’Neill. Farmers have been hugely affected by the and Recruiting; and Inland Northwest Mr. President, I am sure I speak for energy crisis and can be part of the solution. By helping to make biodiesel, ethanol, Health Services. all my Senate colleagues in expressing biogas, and wind power Indiana farmers will In Washington, DC, the winners are my sincere condolences to Brian’s greatly affect the future of energy. This Booz Allen Hamilton; Capital One; Clo- friends, his coworkers, and especially major energy change will revolutionize rural vis; Craig Technologies; Discovery the O’Neill family.∑ towns, Indiana, and our nation as a whole.

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INDEPENDENCE DUBOIS WABASH (By Brandon Wells) Lynnette Whitsitt, Southridge Middle Trae Cole and Alyssa Richter, Northfield The issue of becoming independent from School. Junior High School. foreign energy is challenging, but vital. The FLOYD WARREN fact remains: if we do not break away from Weston Spalding and Erin Duncan, Our Miranda Gerrad, Seeger Junior High foreign oil soon, we may fall into an eco- Lady of Perpetual Help School. School. nomic depression far greater than Americans FRANKLIN WAYNE have ever known. Gasoline prices are sub- Aaron Kaiser, Mount Carmel School; and Henry Dickman and Katy Robinson, Seton stantially inflated; many families are find- Catholic Junior High School. ing it difficult to budget for the commute to Claire McKamey, St. Michael School. WELLS and from work. What can we, as American GREENE citizens, do to halt this crisis and put an end Ethan Fettig, Linton-Stockton Junior Anna Gerber, Kingdom Academy. to insane oil prices? High School; and Riki Crowe, White River WHITE One solution to the challenge of making Valley Junior High School. Jonah Pritchett and Jessie Lebeau, Tri ∑ our own less expensive fuel comes straight HAMILTON County Junior High School. from Indiana farmers. Biodiesel fuel is a die- Nicholas Jeffers and Kara Linton, St. f sel fuel made from organic feedstock. It in- Maria Goretti School. cludes soybeans, animal renderings, and MESSAGE FROM THE PRESIDENT HANCOCK salvaged oil from restaurants. It is domesti- A message from the President of the cally produced. Therefore, every gallon of Joshua Hanselman and McKenze United States was communicated to Qualkinbush, Doe Creek Middle School. biodiesel fuel takes the place of imported the Senate by Mr. Williams, one of his fuels, thus ensuring American dollars remain HENDRICKS secretaries. in the American economy. Drake Whicker, Cascade Middle School; A considerable advantage of biodiesel fuel and Jaclin Byrne, Tri-West Middle School. f over gasoline and regular diesel fuels is that HENRY biodiesel emits far lower emissions, ensuring EXECUTIVE MESSAGE REFERRED cleaner air for both present and future gen- Jack Garner and Brooke Ballard, Tri Jun- As in executive session the Presiding erations. Also, it has better lubricity charac- ior High School. Officer laid before the Senate a mes- teristics, which means less wear on engine HOWARD sage from the President of the United parts such as fuel injectors and fuel injection Austin Dishon, Northwestern Middle States submitting a nomination which pumps. Biodiesel fuels are compatible with School; and McKinzie Horoho, Eastern Jun- was referred to the Committee on For- all modern diesel engines and fuel systems. ior High School. There is a clear and definite need to con- eign Relations. JACKSON centrate on breaking away from foreign oil (The nomination received today is consumption and imports. While the issue of Zach Carter, Immanuel Lutheran School; printed at the end of the Senate pro- fuel alternatives is great, Indiana farmers and Avri Hackman, Lutheran Central ceedings.) School. are growing answers for all of America right f now. We cannot continue to depend on for- JASPER eign lands to fuel our lives. America has his- Hunter Hickman and Tori Bryja, MESSAGES FROM THE HOUSE torically fought for independence and once Rensselaer Middle School. At 10:01 a.m., a message from the again, we find ourselves fighting. With the JAY House of Representatives, delivered by help of Indiana farmers, this battle can be Trevor Homan and Miranda Reinhart, East Mrs. Cole, one of its reading clerks, an- won, and America will once again be inde- Jay Middle School. pendent . . . fuel independent. nounced that the House agrees to the JENNINGS amendment of the Senate to the 2008–2009 DISTRICT ESSAY WINNERS Tanner Steele and Amy Burbrink, St. amendments of the House to the bill DISTRICT 1 Mary School. (S.386) entitled ‘‘An Act to improve en- Katlynn Surfus, Zachary Glick. LAKE forcement of mortgage fraud, securi- DISTRICT 2 Zachary Glick and Alejandra Almendarez, ties fraud, financial institution fraud, Kristi Brennan, Gabe Curtis. Our Lady of Grace School. and other frauds related to federal as- sistance and relief programs, for the re- DISTRICT 3 MARION covery of funds lost to these frauds, Jessie LeBeau, Jonah Pritchett. James Wang, Sycamore School; and Kristen McCarthy, St. Jude School. and for other purposes.’’. DISTRICT 4 McKinzie Horoho, Trevor Homan. MONROE f Logan Letner and Allie Jones, Batchelor DISTRICT 5 ENROLLED BILL SIGNED Middle School. Miranda Gerrard, Cameron Guernsey. At 2:40 p.m., a message from the NOBLE DISTRICT 6 House of Representatives, delivered by Gabe Curtis and Kristi Brennan, St. Mary Kristen McCarthy, Jack Garner. Ms. Niland, one of its reading clerks, of the Assumption School. DISTRICT 7 announced that the Speaker has signed PARKE Riki Crowe, Ethan Fettig. the following enrolled bill: Will Harrison and Kendall Davies, Rock- S. 386. An act to improve enforcement of DISTRICT 8 ville Junior High School. Morgan Tomson, Aaron Kaiser. mortgage fraud, securities, and commodities PERRY fraud, financial institution fraud, and other DISTRICT 9 Hunter Sandage, Tell City Junior High frauds related to Federal assistance and re- Lynnette Whitsitt, Brandon Wells. School. lief programs, for the recovery of funds lost DISTRICT 10 POSEY to these frauds, and for other purposes. Amy Burbrink, Zach Carter. Brandon Wells and Stephanie Cook, North The enrolled bill was subsequently 2008–2009 COUNTY ESSAY WINNERS Posey Junior High School. signed by the Acting President pro BOONE SCOTT tempore (Mr. REID). Hunter Steinkamp and Raven Alcorn, Cameron Guernsey, Western Boone Junior At 3:31 p.m., a message from the High School. Scottsburg Middle School. House of Representatives, delivered by BROWN STARKE Ms. Niland, one of its reading clerks, Katlynn Surgus, Knox Middle School. Haley O’Neil, home schooled. announced that the House has passed CLARK SULLIVAN the following bill, with an amendment: Harley-Alden Robert Davis and Savana Geoff Rafail and Morgan Mast, Borden S. 896. An act to prevent mortgage fore- Strain, Rural Community Academy. Junior High School. closures and enhance mortgage credit avail- CLAY SWITZERLAND ability. Brandon Crowley and Saiti Booe, Clay City Devin Coy and Olivia Hewitt, Switzerland f Junior High School. County Middle School. DECATUR VERMILLION ENROLLED BILL PRESENTED Morgan Tomson, South Decatur Junior Dillon Boling and Abigail Calvin, North The Secretary of the Senate reported High School. Vermillion Junior High School. that on May 19, 2009, she had presented

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5614 CONGRESSIONAL RECORD — SENATE May 19, 2009 to the President of the United States *Jeffrey D. Feltman, of Ohio, a Career treatment of the nonprofit corporation affil- the following enrolled bill: Member of the Senior Foreign Service, Class iate of the Bank as a community develop- S. 386. An act to improve enforcement of of Minister-Counselor, to be an Assistant ment financial institution for purposes of Secretary of State (Near Eastern Affairs). the Community Development Banking and mortgage fraud, securities and commodities *Philip J. Crowley, of Virginia, to be an fraud, financial institution fraud, and other Financial Institutions Act of 1994; to the Assistant Secretary of State (Public Affairs). Committee on Banking, Housing, and Urban frauds related to Federal assistance and re- *Daniel Benjamin, of the District of Co- lief programs, for the recovery of funds lost Affairs. lumbia, to be Coordinator for Counterter- By Ms. LANDRIEU (for herself and Mr. to these frauds, and for other purposes. rorism, with the rank and status of Ambas- VITTER): f sador at Large. Nominee: Daniel Benjamin. S. 1069. A bill to provide for disaster assist- REPORTS OF COMMITTEES Post: Coordinator for Counterterrorism. ance for power transmission and distribution The following reports of committees (The following is a list of all members of facilities, and for other purposes; to the were submitted: my immediate family and their spouses. I Committee on Homeland Security and Gov- have asked each of these persons to inform By Mr. LIEBERMAN, from the Committee ernmental Affairs. me of the pertinent contributions made by By Ms. SNOWE (for herself and Ms. on Homeland Security and Governmental Af- them. To the best of my knowledge, the in- LANDRIEU): fairs, with an amendment in the nature of a formation contained in this report is com- substitute: plete and accurate.) S. 1070. A bill to establish the Small Busi- H.R. 35. A bill to amend chapter 22 of title Contributions, amount, date, and donee: ness Information Security Task Force to ad- 44, United States Code, popularly known as 1. Self: $750, 06/30/08, Obama for America; dress information security concerns relating the Presidential Records Act, to establish $1000, 09/09/08, Obama for America; $1000, 10/ to credit card data and other proprietary in- procedures for the consideration of claims of 03/08, Obama Fund; $300, 10/16/08, Obama formation; to the Committee on Small Busi- constitutionally based privilege against dis- Fund; $262.50, 12/28/07, Sestak for Congress; ness and Entrepreneurship. closure of Presidential records (Rept. No. $2000, 10/26/04, Democratic Executive Com- By Mr. CHAMBLISS (for himself, Mr. 111–21). mittee of Florida; $500, 07/21/04, Kerry for VITTER, Mr. ISAKSON, Mr. INHOFE, Mr. By Mr. INOUYE, from the Committee on President; $250, 03/28/06, Sestak, Joseph A. BURR, and Mr. ROBERTS): Appropriations: Jr.; $350, 10/16/06, Sestak, Joseph A. Jr.; $250, S. 1071. A bill to protect the national secu- Special Report entitled ‘‘Allocation to 10/20/06, Farrell, Diane Goss. Subcommittees of Budget Totals From the 2. Spouse: Henrike Frowein: None. rity of the United States by limiting the im- Concurrent Resolution, Fiscal Year 2009’’ 3. Children and Spouses: Caleb Benjamin, migration rights of individuals detained by (Rept. No. 111–22). Jonah Benjamin: None. the Department of Defense at Guantanamo 4. Parents: Burton & Susan Benjamin: $50, Bay Naval Base; to the Committee on the f 09/23/08, Himes, Jim; $55, 09/23/08, Obama for Judiciary. EXECUTIVE REPORTS OF America; $55, 08/29/08, Obama for America; By Mrs. LINCOLN (for herself and Mr. COMMITTEES $25, 07/02/08, DCC; $25, 02/26/08, DNC; $25, 11/15/ CRAPO): The following executive reports of 07, DCC; $50, 12/13/05, Diane Farrell for Con- S. 1072. A bill to amend chapter 1606 of title gress; $20, 11/09/05, 21st Century Democrats; 10, United States Code, to modify the basis nominations were submitted: $55, 09/06/04, DNC; $50, 06/19/04, Diane Farrell By Mr. LEVIN for the Committee on utilized for annual adjustments in amounts for Congress; $150, 05/17/04, Kerry for Presi- of educational assistance for members of the Armed Services. dent. Air Force nomination of Maj. Gen. Charles 5. Grandparents: Daniel Benjamin—de- Selected Reserve; to the Committee on B. Green, to be Lieutenant General. ceased; Betty Benjamin—deceased; William Armed Services. Air Force nomination of Maj. Gen. Herbert Dorfman—deceased; Rose Dorfman—de- By Mr. REED: J. Carlisle, to be Lieutenant General. ceased. S. 1073. A bill to provide for credit rating Air Force nomination of Gen. William M. 6. Brothers and Spouses: William Benjamin reforms, and for other purposes; to the Com- Fraser III, to be General. & Jill Kowal Benjamin—none. mittee on Banking, Housing, and Urban Af- Air Force nomination of Lt. Gen. William 7. Jonathan Benjamin & Tricia Kim: $100, fairs. L. Shelton, to be Lieutenant General. 10/21/08, Obama for America; $100, 09/10/08, By Mr. SCHUMER (for himself and Ms. Air Force nomination of Lt. Gen. Daniel J. Obama for America; $100, 04/30/08, Obama for CANTWELL): Darnell, to be Lieutenant General. America; $100, 12/10/07, Obama for America. Navy nomination of Vice Adm. Richard K. By Mrs. FEINSTEIN for the Select Com- S. 1074. A bill to provide shareholders with Gallagher, to be Vice Admiral. mittee on Intelligence. enhanced authority over the nomination, Marine Corps nomination of Maj. Gen. *Priscilla E. Guthrie, of Virginia, to be election, and compensation of public com- Terry G. Robling, to be Lieutenant General. Chief Information Officer, Office of the Di- pany executives; to the Committee on Bank- Marine Corps nomination of Lt. Gen. Jo- rector of National Intelligence. ing, Housing, and Urban Affairs. seph F. Dunford, Jr., to be Lieutenant Gen- *Nomination was reported with rec- By Mr. SCHUMER (for himself and eral. ommendation that it be confirmed sub- Mrs. GILLIBRAND): Mr. LEVIN. Mr. President, for the ject to the nominee’s commitment to S. 1075. A bill to designate 4 counties in the Committee on Armed Services I report respond to requests to appear and tes- State of New York as high-intensity drug favorably the following nomination tify before any duly constituted com- trafficking areas, and to authorize funding lists which were printed in the RECORD mittee of the Senate. for drug control activities in those areas; to on the dates indicated, and ask unani- (Nominations without an asterisk the Committee on the Judiciary. By Mr. MENENDEZ (for himself, Ms. mous consent, to save the expense of were reported with the recommenda- CANTWELL, Mr. LEVIN, and Mr. FEIN- reprinting on the Executive Calendar tion that they be confirmed.) GOLD): that these nominations lie at the Sec- f S. 1076. A bill to improve the accuracy of retary’s desk for the information of INTRODUCTION OF BILLS AND fur product labeling, and for other purposes; Senators. JOINT RESOLUTIONS to the Committee on Commerce, Science, The PRESIDING OFFICER. Without The following bills and joint resolu- and Transportation. objection, it is so ordered. tions were introduced, read the first By Mrs. FEINSTEIN (for herself, Ms. Air Force nominations beginning with Wil- SNOWE, and Mr. DURBIN): liam A. Bartoul and ending with George T. and second times by unanimous con- sent, and referred as indicated: S. 1077. A bill to regulate political Youstra, which nominations were received robocalls; to the Committee on Rules and by the Senate and appeared in the Congres- By Mr. FEINGOLD (for himself and Mr. Administration. sional Record on March 25, 2009. BROWNBACK): By Mr. JOHNSON (for himself and Mr. Air Force nominations beginning with S. 1067. A bill to support stabilization and VOINOVICH): Peter Brian Abercrombie II and ending with lasting peace in northern Uganda and areas Eric J. Zuhlsdorf, which nominations were affected by the Lord’s Resistance Army S. 1078. A bill to authorize a comprehensive received by the Senate and appeared in the through development of a regional strategy national cooperative geospatial imagery Congressional Record on March 25, 2009. to support multilateral efforts to success- mapping program through the United States Navy nomination of Deandrea G. Fuller, to fully protect civilians and eliminate the Geological Survey, to promote use of the be Commander. threat posed by the Lord’s Resistance Army program for education, workforce training Navy nominations beginning with Daniel and to authorize funds for humanitarian re- and development, and applied research, and G. Christofferson and ending with Albert D. lief and reconstruction, reconciliation, and to support Federal, State, tribal, and local Perpuse, which nominations were received transitional justice, and for other purposes; government programs; to the Committee on by the Senate and appeared in the Congres- to the Committee on Foreign Relations. Commerce, Science, and Transportation. sional Record on January 7, 2009. By Mr. BROWN: By Ms. KLOBUCHAR (for herself, Mr. By Mr. KERRY for the Committee on For- S. 1068. A bill to amend the National Con- VOINOVICH, Mr. INOUYE, Mr. UDALL of eign Relations. sumer Cooperative Bank Act to allow for the Colorado, and Mr. BENNET):

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5615 S. 1079. A bill to amend title XVIII of the (Ms. CANTWELL) was added as a cospon- S. 614 Social Security Act to extend reasonable sor of S. 476, a bill to amend title 10, At the request of Mrs. HUTCHISON, the cost contracts under the Medicare program; United States Code, to reduce the min- name of the Senator from Utah (Mr. to the Committee on Finance. imum distance of travel necessary for HATCH) was added as a cosponsor of S. By Mr. McCAIN (for himself and Mr. reimbursement of covered beneficiaries KYL): 614, a bill to award a Congressional S. 1080. A bill to clarify the jurisdiction of of the military health care system for Gold Medal to the Women Airforce the Secretary of the Interior with respect to travel for specialty health care. Service Pilots (‘‘WASP’’). the C.C. Cragin Dam and Reservoir, and for S. 546 S. 653 other purposes; to the Committee on Energy At the request of Mr. REID, the At the request of Mr. CARDIN, the and Natural Resources. names of the Senator from Colorado name of the Senator from Illinois (Mr. f (Mr. BENNET) and the Senator from DURBIN) was added as a cosponsor of S. SUBMISSION OF CONCURRENT AND New Mexico (Mr. BINGAMAN) were 653, a bill to require the Secretary of SENATE RESOLUTIONS added as cosponsors of S. 546, a bill to the Treasury to mint coins in com- amend title 10, United States Code, to memoration of the bicentennial of the The following concurrent resolutions permit certain retired members of the and Senate resolutions were read, and writing of the Star-Spangled Banner, uniformed services who have a service- and for other purposes. referred (or acted upon), as indicated: connected disability to receive both S. 662 By Mr. SCHUMER (for himself and Mr. disability compensation from the De- BENNETT): partment of Veterans Affairs for their At the request of Mr. CONRAD, the S. Res. 152. A resolution to amend S. Res. disability and either retired pay by name of the Senator from Vermont 73 to increase funding for the Special Re- (Mr. SANDERS) was added as a cospon- serve; considered and agreed to. reason of their years of military serv- ice or Combat-Related Special Com- sor of S. 662, a bill to amend title XVIII By Mr. NELSON of Florida (for himself of the Social Security Act to provide and Mr. CARDIN): pensation. for reimbursement of certified midwife S. Res. 153. A resolution expressing the S. 558 services and to provide for more equi- sense of the Senate on the restitution of or At the request of Mr. CARPER, the compensation for property seized during the names of the Senator from Nebraska table reimbursement rates for certified Nazi and Communist eras; to the Committee nurse-midwife services. (Mr. JOHANNS) and the Senator from In- on Foreign Relations. S. 663 By Ms. LANDRIEU (for herself, Ms. diana (Mr. BAYH) were added as cospon- At the request of Mr. NELSON of Ne- SNOWE, Mr. CARDIN, Mr. KERRY, Mrs. sors of S. 558, a bill to amend the Fed- SHAHEEN, Mr. WICKER, Ms. CANTWELL, eral Food, Drug, and Cosmetic Act braska, the name of the Senator from and Mr. ISAKSON): with respect to nutrition labeling of Connecticut (Mr. DODD) was added as a S. Res. 154. A resolution honoring the en- food offered for sale in food service es- cosponsor of S. 663, a bill to amend trepreneurial spirit of small business con- tablishments. title 38, United States Code, to direct cerns in the United States during National S. 565 the Secretary of Veterans Affairs to es- Small Business Week, beginning May 17, tablish the Merchant Mariner Equity 2009; considered and agreed to. At the request of Mr. DURBIN, the By Mr. CARDIN (for himself, Mr. names of the Senator from Montana Compensation Fund to provide benefits LUGAR, and Mr. NELSON of Florida): (Mr. TESTER) and the Senator from Illi- to certain individuals who served in S. Con. Res. 23. A concurrent resolution nois (Mr. BURRIS) were added as co- the United States merchant marine supporting the goals and objectives of the sponsors of S. 565, a bill to amend title (including the Army Transport Service Prague Conference on Holocaust Era Assets; XVIII of the Social Security Act to and the Naval Transport Service) dur- to the Committee on Foreign Relations. provide continued entitlement to cov- ing World War II. f erage for immunosuppressive drugs fur- S. 696 ADDITIONAL COSPONSORS nished to beneficiaries under the Medi- At the request of Mr. CARDIN, the care Program that have received a kid- name of the Senator from New York S. 370 ney transplant and whose entitlement (Mrs. GILLIBRAND) was added as a co- At the request of Mr. INHOFE, the to coverage would otherwise expire, name of the Senator from Wyoming sponsor of S. 696, a bill to amend the and for other purposes. Federal Water Pollution Control Act to (Mr. BARRASSO) was added as a cospon- S. 572 sor of S. 370, a bill to prohibit the use include a definition of fill material. At the request of Mr. WEBB, the name S. 711 of funds to transfer detainees of the of the Senator from New Mexico (Mr. United States at Naval Station, Guan- At the request of Mr. BAUCUS, the BINGAMAN) was added as a cosponsor of names of the Senator from Texas (Mrs. tanamo Bay, Cuba, to any facility in S. 572, a bill to provide for the issuance HUTCHISON) and the Senator from Ar- the United States or to construct any of a ‘‘forever stamp’’ to honor the sac- facility for such detainees in the kansas (Mrs. LINCOLN) were added as rifices of the brave men and women of cosponsors of S. 711, a bill to require United States, and for other purposes. the armed forces who have been award- mental health screenings for members S. 384 ed the Purple Heart. of the Armed Forces who are deployed At the request of Mr. LUGAR, the S. 597 name of the Senator from Louisiana in connection with a contingency oper- At the request of Mrs. MURRAY, the ation, and for other purposes. (Ms. LANDRIEU) was added as a cospon- name of the Senator from New Mexico S. 793 sor of S. 384, a bill to authorize appro- (Mr. BINGAMAN) was added as a cospon- priations for fiscal years 2010 through sor of S. 597, a bill to amend title 38, At the request of Mr. BROWN, the 2014 to provide assistance to foreign United States Code, to expand and im- name of the Senator from Illinois (Mr. countries to promote food security, to prove health care services available to DURBIN) was added as a cosponsor of S. stimulate rural economies, and to im- women veterans, especially those serv- 793, a bill to direct the Secretary of prove emergency response to food cri- ing in operation Iraqi Freedom and Op- Veterans Affairs to establish a scholar- ses, to amend the Foreign Assistance eration Enduring Freedom, from the ship program for students seeking a de- Act of 1961, and for other purposes. Department of Veterans Affairs, and gree or certificate in the areas of vis- S. 408 for other purposes. ual impairment and orientation and At the request of Mr. INOUYE, the S. 608 mobility. name of the Senator from Illinois (Mr. At the request of Mr. TESTER, the S. 812 DURBIN) was added as a cosponsor of S. name of the Senator from Colorado At the request of Mr. BAUCUS, the 408, a bill to amend the Public Health (Mr. UDALL) was added as a cosponsor name of the Senator from Rhode Island Service Act to provide a means for con- of S. 608, a bill to amend the Consumer (Mr. REED) was added as a cosponsor of tinued improvement in emergency Product Safety Improvement Act of S. 812, a bill to amend the Internal medical services for children. 2008 to exclude secondary sales, repair Revenue Code of 1986 to make perma- S. 476 services, and certain vehicles from the nent the special rule for contributions At the request of Mrs. BOXER, the ban on lead in children’s products, and of qualified conservation contribu- name of the Senator from Washington for other purposes. tions.

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5616 CONGRESSIONAL RECORD — SENATE May 19, 2009 S. 908 approximately 70,000 people in the worst neglected humanitarian crisis. In At the request of Mr. BAYH, the name United States. 2007, I visited displacement camps in of the Senator from Colorado (Mr. AMENDMENT NO. 1079 northern Uganda and saw firsthand the UDALL) was added as a cosponsor of S. At the request of Ms. LANDRIEU, the terrible conditions and the desperation 908, a bill to amend the Iran Sanctions name of the Senator from Florida (Mr. of people forced to endure such condi- Act of 1996 to enhance United States NELSON) was added as a cosponsor of tions year after year. Meanwhile, the diplomatic efforts with respect to Iran amendment No. 1079 proposed to H.R. LRA survived throughout this conflict by expanding economic sanctions 627, a bill to amend the Truth in Lend- by kidnapping an estimated 66,000 chil- against Iran. ing Act to establish fair and trans- dren, indoctrinating them, and forcing S. 924 parent practices relating to the exten- them to become child soldiers. In recent years, the LRA have come At the request of Ms. MIKULSKI, the sion of credit under an open end con- name of the Senator from New Jersey sumer credit plan, and for other pur- under increasing pressure. In 2005 and 2006, they largely withdrew from north- (Mr. LAUTENBERG) was added as a co- poses. ern Uganda and moved into the border sponsor of S. 924, a bill to ensure effi- AMENDMENT NO. 1129 cient performance of agency functions. region between northeastern Congo, At the request of Mrs. MURRAY, the southern Sudan and even the Central S. 942 name of the Senator from Washington African Republic. Then for almost two At the request of Mr. GRASSLEY, the (Ms. CANTWELL) was added as a cospon- years, there was a lull in the violence name of the Senator from Delaware sor of amendment No. 1129 intended to as representatives from the Ugandan (Mr. CARPER) was added as a cosponsor be proposed to H.R. 627, a bill to amend government and LRA engaged in spo- of S. 942, a bill to prevent the abuse of the Truth in Lending Act to establish radic peace negotiations in southern Government charge cards. fair and transparent practices relating Sudan. The parties brokered a com- S. 984 to the extension of credit under an prehensive agreement, but then hopes At the request of Mrs. BOXER, the open end consumer credit plan, and for were dashed as the LRA’s megaloma- name of the Senator from Connecticut other purposes. niac leader Joseph Kony refused to sign (Mr. DODD) was added as a cosponsor of f the agreement and reports surfaced S. 984, a bill to amend the Public that the LRA had been conducting new STATEMENTS ON INTRODUCED Health Service Act to provide for ar- abductions to replenish his rebel group. thritis research and public health, and BILLS AND JOINT RESOLUTIONS In December 2008, the Ugandan, Con- for other purposes. By Mr. FEINGOLD (for himself golese and South Sudanese militaries S. 1010 and Mr. BROWNBACK): launched a joint offensive against the At the request of Mr. AKAKA, the S. 1067. A bill to support stabilization LRA’s primary bases in northeastern name of the Senator from Wisconsin and lasting peace in northern Uganda Congo. The operation failed to appre- (Mr. FEINGOLD) was added as a cospon- and areas affected by the Lord’s Resist- hend Kony and over the following two sor of S. 1010, a bill to establish a Na- ance Army through development of a months, his forces retaliated against tional Foreign Language Coordinator regional strategy to support multilat- civilians in the region, leaving over 900 Council. eral efforts to successfully protect ci- people dead. It’s tragically clear that S. 1023 vilians and eliminate the threat posed insufficient attention and resources by the Lord’s Resistance Army and to At the request of Mr. DORGAN, the were devoted to ensuring the protec- names of the Senator from South Da- authorize funds for humanitarian relief tion of civilians during the operation. and reconstruction, reconciliation, and kota (Mr. THUNE), the Senator from Before launching any operation against transitional justice, and for other pur- Massachusetts (Mr. KERRY) and the the rebels, the regional militaries poses; to the Committee on Foreign Senator from Arkansas (Mr. PRYOR) should have ensured that their plan were added as cosponsors of S. 1023, a Relations. had a high probability of success, an- bill to establish a non-profit corpora- Mr. FEINGOLD. Mr. President, today ticipated contingencies, and made pre- tion to communicate United States I am pleased to introduce the Lord’s cautions to minimize dangers to civil- entry policies and otherwise promote Resistance Army Disarmament and ians. It is widely known that when fac- leisure, business, and scholarly travel Northern Uganda Recovery Act of 2009, ing military offensive in the past, the to the United States. and I am pleased to do so with a great LRA have quickly dispersed and com- champion on this issue: Senator SAM mitted retaliatory attacks against ci- S. CON. RES. 14 BROWNBACK. For many years, we have vilians. At the request of Mrs. LINCOLN, the both sought to bring attention to the However, this botched operation does name of the Senator from Mississippi terror orchestrated by the Lord’s Re- not mean that we should just give up (Mr. WICKER) was added as a cosponsor sistance Army, the LRA, and the suf- on the goal of ending the massacres of S. Con. Res. 14, a concurrent resolu- fering of the people of northern Ugan- and the threat to regional stability tion supporting the Local Radio Free- da. We have come a long way in just a posed by this small rebel group. More- dom Act. few years, thanks especially to young over, given that the U.S. provided as- S. RES. 71 Americans who have become increas- sistance and support for this operation At the request of Mr. WYDEN, the ingly aware of and outspoken about at the request of the regional govern- names of the Senator from Illinois (Mr. this horrific situation. As a result, the ments, we have a responsibility to help DURBIN) and the Senator from Alaska U.S. has made increased efforts to help see this rebel war to its end. In order to (Ms. MURKOWSKI) were added as cospon- end this horror. Those efforts have do that, I strongly believe we need a re- sors of S. Res. 71, a resolution con- yielded some success, but if we are now gional strategy to guide U.S. support— demning the Government of Iran for its to finally see this conflict to its end, which includes political economic, in- state-sponsored persecution of the we need to commit to a proactive telligence and military support—for a Baha’i minority in Iran and its contin- strategy to help end the threat posed multilateral effort to protect civilians ued violation of the International Cov- by the LRA and support reconstruc- and permanently end the threat posed enants on Human Rights. tion, justice, and reconciliation in by the LRA. The Lord’s Resistance S. RES. 141 northern Uganda. This bill seeks to do Army Disarmament and Northern At the request of Mr. JOHNSON, the just that. Uganda Recovery Act of 2009 requires name of the Senator from New Mexico For over two decades, northern Ugan- of the administration to develop such a (Mr. BINGAMAN) was added as a cospon- da was caught in a war between the strategy. It leaves it up to the discre- sor of S. Res. 141, a resolution recog- Ugandan military and rebels of the tion of the administration to deter- nizing June 2009 as the first National Lord’s Resistance Army, leading at its mine the most effective way forward, Hemorrhagic Telangiecstasia (HHT) height to the displacement of 1.8 mil- but it ensures this issue will not get month, established to increase aware- lion people, nearly 90 percent of the re- put on the back burner and that we ness of HHT, which is a complex ge- gion’s population. Just a few years ago, will not continue to rely on a piece- netic blood vessel disorder that affects northern Uganda was called the world’s meal approach.

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5617 In addition to removing the threat choices to ensure that our children and Credit rating agencies are in the posed by the LRA, we cannot lose sight grandchildren do not bear the burden business of providing investors with of the importance that the Ugandan of our reckless spending. I believe re- unbiased analysis, but the current in- government address the conditions out ducing the excess secondary inventory centive structure gives them too much of which the LRA emerged and which for the Department of the Air Force by leeway to hand out unjustifiably favor- could give rise to future conflict if un- $40 million, a small amount, to pay for able ratings. Let us be clear: not every changed. Rebuilding northern Uganda’s this bill is a responsible move that we rating is suspect and these firms pro- institutions and addressing political can all support. vide crucial information for investors and economic grievances is the surest Americans from all states and all and the marketplace, but credit rating safeguard against future violence and walks of life have been touched by the agencies like any other industry should instability. The government of Uganda stories of children from northern Ugan- be held accountable if they knowingly committed last year to move forward da abducted and forced to commit un- or recklessly mislead investors. with that reconstruction and reconcili- speakable acts. Congress, too, has a According to a mortgage industry ation process under the framework of long history of being involved with ef- trade publication, the three major its Peace, Recovery and Development, forts to help end this rebel war, dating credit rating agencies have each down- the PRDP plan. International donors, back to the Northern Uganda Crisis Re- graded more than half of the subprime including the United States, have al- sponse Act that we passed in 2004, mortgage-backed securities they origi- ready put forth substantial funds for which committed the United States to nally rated between 2005 and 2007. Rat- that process. However, thus far it has work vigorously for a lasting resolu- ings agencies made these mistakes in been hampered by a lack of strategic tion to the conflict. The Lord’s Resist- part because of conflicts of interest and other problems with internal controls, coordination, weak leadership and the ance Army Disarmament and Northern underscoring the need for enhanced government’s limited capacity. In par- Uganda Recovery Act of 2009 reaffirms ticular, there has been very little oversight of this industry. and refocuses that commitment to help The bill I introduce today gives the progress toward establishing the mech- see this—one of Africa’s longest run- SEC strong new authority to oversee anisms envisaged by the peace agree- ning and most gruesome rebel wars—to and hold rating agencies accountable ment to address the original causes of its finish. I believe that, with the nec- for conflicts of interest and other in- the war and promote reconciliation and essary leadership and strategic vision ternal control deficiencies that have justice. envisioned by this legislation, we can Our legislation recognizes the impor- weakened ratings in the past. The bill contribute to that end. I urge my col- includes a carefully crafted liability tance of helping the Ugandan govern- leagues to support this bill. ment to reinvigorate the PRDP proc- provision that allows investors to take action when a rating agency knowingly ess. The second part of the Lord’s Re- By Mr. REED: or recklessly fails to review key infor- sistance Army Disarmament and S. 1073. A bill to provide for credit rating reforms, and for other purposes; mation in developing the rating. Northern Uganda Recovery Act of 2009 It also enhances disclosure require- to the Committee on Banking, Hous- encourages the U.S. to increase assist- ments to allow investors and others to ing, and Urban Affairs. ance in the upcoming fiscal years for learn about the methodologies, as- Mr. REED. Mr. President, I rise to in- recovery with the condition that the sumptions, fees, and amount of due troduce the Rating Accountability and Ugandan government demonstrates a diligence associated with ratings. It re- Transparency Enhancement, RATE, commitment to genuine, transparent quires rating agencies to notify users Act to strengthen the Securities and and accountable reconstruction. We and promptly update ratings when should better leverage our contribu- Exchange Commission’s, SEC’s, over- model or methodology changes occur. tions to ensure that U.S. taxpayer dol- sight of credit rating agencies and im- Finally, the bill requires ratings agen- lars are used wisely. Finally, this legis- prove the accountability and accuracy cies to have independent compliance lation authorizes a small amount of ad- of credit ratings. officers, and to take other actions, to ditional assistance to see that mecha- Credit ratings have taken on sys- prevent potential conflicts of interest. nisms are finally established to pro- temic importance in our financial sys- I hope my colleagues will join me in mote accountability and reconciliation tem, and have become critical to cap- helping improve the accountability and in Uganda on both local and national ital formation, investor confidence, transparency of credit ratings that are levels. A failure to address the under- and the efficient performance of the so critical to the functioning of our fi- lying political grievances in northern U.S. economy. However, in recent nancial markets. Uganda could lead to new conflicts in months we have witnessed a significant Mr. President, I ask unanimous con- the future. amount of market instability stem- sent that the text of the bill be printed As my colleagues know, I make it a ming in part from the failure of these in the RECORD. practice to pay for all bills that I intro- agencies to accurately measure the There being no objection, the text of duce, and the authorization in this bill risks associated with mortgage-backed the bill was ordered to be printed in is offset by reducing funds appropriated securities and other more complex the RECORD, as follows: for excess secondary inventory for the products. S. 1073 Department of the Air Force. A report As the Chairman of the Securities, Be it enacted by the Senate and House of Rep- by the Government Accountability Of- Insurance, and Investment Sub- resentatives of the United States of America in fice in 2007 found that more than half committee of the Senate Banking, Congress assembled, of the Air Force’s secondary inventory Housing, and Urban Affairs Committee, SECTION 1. SHORT TITLE. or spare parts, worth roughly $31.4 bil- I chaired a hearing in September of This Act may be cited as the ‘‘Rating Ac- lion, were not needed to support re- 2007 to examine the role of credit rat- countability and Transparency Enhancement quired on-hand and on-order inventory ing agencies in the mortgage crisis, Act of 2009’’ or the ‘‘RATE Act’’. levels for fiscal years 2002 through 2005. and these issues were also addressed at SEC. 2. FINDINGS. a hearing by the full Committee last Congress finds that— The GAO report concluded that this is (1) because of the systemic importance of not only wasteful, but could also nega- year. From these hearings, it is clear credit ratings and the reliance placed on tively impact readiness. The Air Force that problems at credit rating agencies them by individual and institutional inves- has acknowledged that it currently has contributed to the significant financial tors and financial regulators, the activities over $100 million of spare parts on sector instability our country has been and performances of credit rating agencies, order for which it has no need. experiencing. In fact, an SEC inves- including nationally recognized statistical Some may disagree with me on the tigation last summer found that credit rating organizations, are the subject of na- need for an offset, but last year’s Office rating agencies such as Moody’s, tional public interest, as they are central to of Management and Budget’s projec- Standard & Poor’s, and Fitch Ratings capital formation, investor confidence, and the efficient performance of the United tions confirm that we have the biggest conducted weak analyses and failed to States economy; budget deficit in the history of our maintain appropriate independence (2) credit rating agencies, including na- country. We cannot afford to be fis- from the issuers whose securities they tionally recognized statistical rating organi- cally irresponsible so we must make rated. zations, play a critical ‘‘gatekeeper’’ role

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5618 CONGRESSIONAL RECORD — SENATE May 19, 2009 that is functionally similar to that of securi- mission may prescribe, by rule, as necessary veillance of ratings over time, and that in- ties analysts, who evaluate the quality of se- for the Commission to conduct the reviews centives for accurate ratings are in place; curities, and auditors, who review the finan- under this subsection;’’; ‘‘(B) a prohibition on providing credit rat- cial statements of firms, and such role justi- (2) in subsection (d)— ings for structured products that it advised fies a similar level of public oversight and (A) by inserting ‘‘fine,’’ after ‘‘censure,’’ on, in the form of assistance, advice, con- accountability; each place that term appears; sultation, or other aid that preceded its re- (3) because credit rating agencies perform (B) in the subsection heading, by inserting tention by any issuer, underwriter, or place- evaluative and analytical services on behalf ‘‘FINE,’’ after ‘‘CENSURE,’’; ment agent to provide a rating for the secu- of clients, their activities are fundamentally (C) in paragraph (4), by striking ‘‘or’’ at rities in question (or any assistance provided commercial in character and should be sub- the end; after such point for which additional com- ject to the same standards of liability and (D) in paragraph (5), by striking the period pensation is paid directly or indirectly); oversight as apply to auditors and securities at the end and inserting ‘‘; or’’; and ‘‘(C) requirements that a nationally recog- analysts; (E) by adding at the end the following: nized statistical rating organization disclose (4) in certain of their roles, particularly in ‘‘(6) fails to conduct sufficient surveillance any relationship or affiliation described in advising arrangers of structured financial to ensure that credit ratings remain current, subparagraphs (C) and (D) of paragraph (3); products on potential ratings of such prod- accurate, and reliable.’’; ‘‘(D) a requirement that, in each credit rat- ucts, credit rating agencies face conflicts of (3) by amending subsection (h) to read as ing report issued to the public, a nationally interest that need to be carefully monitored follows: recognized statistical rating organization and that therefore should be addressed ex- ‘‘(h) MANAGEMENT OF CONFLICTS OF INTER- disclose the type and number of ratings it plicitly in legislation in order to give clear EST.— has provided to the obligor or affiliates of authority to the Securities and Exchange ‘‘(1) ORGANIZATION POLICIES AND PROCE- the obligor, including the fees it has billed Commission; DURES.—Each nationally recognized statis- for the credit rating and aggregate amount (5) in the recent credit crisis, the ratings of tical rating organization shall establish, of fees in the preceding 2 years that it has structured financial products have proven to maintain, and enforce written policies and billed to the particular obligor or its affili- be inaccurate, and have contributed to the procedures reasonably designed, taking into ates; and mismanagement of risks by financial insti- consideration the nature of the business of ‘‘(E) any other requirement as the Com- tutions and investors, which impacts the such nationally recognized statistical rating mission deems necessary or appropriate in organization and affiliated persons and affili- health of the economy in the United States the public interest, or for the protection of ated companies thereof, to address, manage, and around the world; and users of credit ratings. and disclose any conflicts of interest that (6) credit rating agencies should determine ‘‘(5) LOOK-BACK REQUIREMENT.— their ratings independently, without regu- can arise from such business. ‘‘(A) REVIEW BY NRSRO.—In any case in ‘‘(2) GOVERNANCE IMPROVEMENTS AT latory approval of methodologies, in order to which an employee of an obligor or an issuer NRSRO.—Each nationally recognized statis- avoid overreliance on ratings and to ensure or underwriter of a security or money mar- tical rating organization shall establish gov- that the rating agencies, rather than the Se- ket instrument was employed by a nation- ernance procedures to manage conflicts of curities and Exchange Commission, are ac- ally recognized statistical rating organiza- interest, consistent with the protection of countable for such methodologies, except tion and participated in any capacity in de- that regulators should have strong authority users of credit ratings, in accordance with termining credit ratings for the obligor or to ensure that all other aspects of rating rules issued by the Commission pursuant to the securities or money market instruments agency activities are designed to ensure the paragraph (3). of the issuer during the 1-year period pre- highest quality ratings and accountability ‘‘(3) COMMISSION AUTHORITY.—The Commis- ceding the date of the issuance of the credit for those creating them. sion shall issue final rules to prohibit, or re- quire the management and disclosure of, any rating, the nationally recognized statistical SEC. 3. ENHANCED REGULATION OF NATIONALLY rating organization shall— RECOGNIZED STATISTICAL RATING conflicts of interest relating to the issuance ORGANIZATIONS. of credit ratings by a nationally recognized ‘‘(i) conduct a review to determine whether Section 15E of the Securities Exchange Act statistical rating organization, including— any conflicts of interest of such employee in- of 1934 (15 U.S.C. 78o–7) is amended— ‘‘(A) conflicts of interest relating to the fluenced the credit rating; and (1) in subsection (c)— manner in which a nationally recognized sta- ‘‘(ii) take action to revise the rating if ap- (A) in the second sentence of paragraph (2), tistical rating organization is compensated propriate, in accordance with such rules as by inserting ‘‘including the requirements of by the obligor, or any affiliate of the obligor, the Commission shall prescribe. this section,’’ after ‘‘Notwithstanding any for issuing credit ratings or providing re- ‘‘(B) REVIEW BY COMMISSION.—The Commis- other provision of law,’’; and lated services; sion shall conduct periodic reviews of the (B) by adding at the end the following: ‘‘(B) conflicts of interest relating to the look-back policies described in subparagraph ‘‘(3) REVIEW OF INTERNAL CONTROLS FOR DE- provision of consulting, advisory, or other (A) and the implementation of such policies TERMINING CREDIT RATINGS.— services by a nationally recognized statis- at each nationally recognized statistical rat- ‘‘(A) IN GENERAL.—Credit ratings by, and tical rating organization, or any person asso- ing organization to ensure they are appro- the policies, procedures, and methodologies ciated with such nationally recognized sta- priately designed and implemented to most employed by, each nationally recognized sta- tistical rating organization, and the obligor, effectively eliminate conflicts of interest in tistical rating organization shall be reviewed or any affiliate of the obligor; this area. by the Commission to ensure that— ‘‘(C) disclosure of business relationships, ‘‘(6) PERIODIC REVIEWS.— ‘‘(i) the nationally recognized statistical ownership interests, affiliations of nation- ‘‘(A) REVIEWS REQUIRED.—The Commission rating organization has established and doc- ally recognized statistical rating organiza- shall conduct periodic reviews of governance umented a system of internal controls for de- tion board members with obligors, or any and conflict of interest procedures estab- termining credit ratings, taking into consid- other financial or personal interests between lished under this subsection to determine the eration such factors as the Commission may a nationally recognized statistical rating or- effectiveness of such procedures. prescribe by rule; and ganization, or any person associated with ‘‘(B) TIMING OF REVIEWS.—The Commission ‘‘(ii) the nationally recognized statistical such nationally recognized statistical rating shall review and make available to the pub- rating organization adheres to such system; organization, and the obligor, or any affil- lic the code of ethics and conflict of interest and iate of the obligor; policy of each nationally recognized statis- ‘‘(iii) the public disclosures of the nation- ‘‘(D) disclosure of any affiliation of a na- tical rating organization— ally recognized statistical rating organiza- tionally recognized statistical rating organi- ‘‘(i) not less frequently than once every 3 tion required under this section about its zation, or any person associated with such years; and ratings, methodologies, and procedures are nationally recognized statistical rating orga- ‘‘(ii) whenever such policies are materially consistent with such system. nization, with any person that underwrites modified or amended.’’; ‘‘(B) SCOPE OF REVIEWS.—The Commission securities, entities, or other instruments (4) by amending subsection (j) to read as shall conduct the reviews required by this that are the subject of a credit rating; and follows: paragraph— ‘‘(E) any other potential conflict of inter- ‘‘(j) DESIGNATION OF COMPLIANCE OFFICER.— ‘‘(i) for all types of credit ratings; and est, as the Commission deems necessary or ‘‘(1) IN GENERAL.—Each nationally recog- ‘‘(ii) for new credit ratings, in a timely appropriate in the public interest or for the nized statistical rating organization shall manner. protection of users of credit ratings. designate an individual to serve as a compli- ‘‘(C) MANNER AND FREQUENCY.—The Com- ‘‘(4) COMMISSION RULES.—The rules issued ance officer. mission shall conduct reviews required by by the Commission under paragraph (3) shall ‘‘(2) DUTIES.—The compliance officer this paragraph in a manner and with a fre- include— shall— quency to be determined by the Commission. ‘‘(A) the establishment of a system of pay- ‘‘(A) report directly to the board of the na- ‘‘(4) PROVISION OF INFORMATION TO THE COM- ment for each nationally recognized statis- tionally recognized statistical rating organi- MISSION.—Each nationally recognized statis- tical rating organization that requires that zation (or the equivalent thereof) or to the tical rating organization shall make avail- payments are structured to ensure that the senior officer of the nationally recognized able and maintain such records and informa- nationally recognized statistical rating orga- statistical rating organization; and tion, for such a period of time, as the Com- nization conducts accurate and reliable sur- ‘‘(B) shall—

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5619

‘‘(i) review compliance with policies and ‘‘(2) STAFFING.—The office of the Commis- procedure or methodology that may result in procedures to manage conflicts of interest sion established under this subsection shall credit rating actions, and the likelihood of and assess the risk that such compliance (or be staffed sufficiently to carry out fully the the change resulting in current credit rat- lack of such compliance) may compromise requirements of this section. ings being subject to rating actions. the integrity of the credit rating process; ‘‘(3) RULEMAKING AUTHORITY.—The Com- ‘‘(s) TRANSPARENCY OF CREDIT RATING ‘‘(ii) review compliance with internal con- mission shall— trols with respect to the procedures and ‘‘(A) establish by rule fines and other pen- METHODOLOGIES AND INFORMATION RE- methodologies for determining credit rat- alties for any nationally recognized statis- VIEWED.— ings, including quantitative and qualitative tical rating organization that violates the ‘‘(1) IN GENERAL.—The Commission shall models used in the rating process, and assess applicable requirements of this title; and establish a form, to accompany each rating the risk that such compliance with the inter- ‘‘(B) issue such rules as may be necessary issued by a nationally recognized statistical nal controls (or lack of such compliance) to carry out this section with respect to na- rating organization— may compromise the integrity and quality of tionally recognized statistical rating organi- ‘‘(A) to disclose information about assump- the credit rating process; zations. tions underlying credit rating procedures ‘‘(iii) in consultation with the board of the ‘‘(q) TRANSPARENCY OF RATINGS PERFORM- and methodologies, the data that was relied nationally recognized statistical rating orga- ANCE.— on to determine the credit rating and, where nization, a body performing a function simi- ‘‘(1) RULEMAKING REQUIRED.—The Commis- applicable, how the nationally recognized lar to that of a board, or the senior officer of sion shall, by rule, require that each nation- statistical rating organization used servicer ally recognized statistical rating organiza- the nationally recognized statistical rating or remittance reports, and with what fre- tion shall disclose publicly information on organization, resolve any conflicts of inter- quency, to conduct surveillance of the credit initial ratings and subsequent changes to est that may arise; rating; and such ratings for the purpose of providing a ‘‘(C) be responsible for administering the ‘‘(B) that can be made public and used by policies and procedures required to be estab- gauge of the accuracy of ratings and allow- ing users of credit ratings to compare per- investors and other users to better under- lished pursuant to this section; and stand credit ratings issued in each class of ‘‘(D) ensure compliance with securities formance of ratings by different nationally recognized statistical rating organizations. credit rating issued by the nationally recog- laws and the rules and regulations issued nized statistical rating organization. thereunder, including rules promulgated by ‘‘(2) CONTENT.—The rules of the Commis- sion under this subsection shall require, at a ‘‘(2) FORMAT.—The Commission shall en- the Commission pursuant to this section. minimum, disclosures that— sure that the form established under para- ‘‘(3) LIMITATIONS.—No compliance officer ‘‘(A) are comparable among nationally rec- graph (1)— designated under paragraph (1), may, while ognized statistical rating organizations, so ‘‘(A) is designed in a user-friendly and serving in such capacity— that users can compare rating performance ‘‘(A) perform credit ratings; helpful manner for users of credit ratings to across rating organizations; ‘‘(B) participate in the development of rat- understand the information contained in the ‘‘(B) are clear and informative for a wide ing methodologies or models; report; and range of investor sophistication; ‘‘(C) perform marketing or sales functions; ‘‘(B) requires the nationally recognized ‘‘(C) include performance information over or statistical rating organization to provide the a range of years and for a variety of classes ‘‘(D) participate in establishing compensa- appropriate content, as required by para- of credit ratings, as determined by the Com- tion levels, other than for employees work- graph (3). mission; and ing for such officer. ‘‘(3) CONTENT.—Each nationally recognized ‘‘(D) are published and made freely avail- ‘‘(4) OTHER DUTIES.—The compliance officer statistical rating organization shall include able by the nationally recognized statistical shall establish procedures for the receipt, re- on the form established under this sub- rating organization, on an easily accessible tention, and treatment of— section, along with its ratings— portion of its website and in written form ‘‘(A) complaints regarding credit ratings, ‘‘(A) the main assumptions included in when requested by users. models, methodologies, and compliance with constructing procedures and methodologies, ‘‘(r) CREDIT RATINGS METHODOLOGIES.—The the securities laws and the policies and pro- Commission shall promulgate rules, for the including qualitative and quantitative mod- cedures required under this section; and protection of users of credit ratings and in els; ‘‘(B) confidential, anonymous complaints the public interest, with respect to the pro- ‘‘(B) the potential shortcomings of the by employees or users of credit ratings. cedures and methodologies, including quali- credit ratings, and the types of risks ex- ‘‘(5) ANNUAL REPORTS REQUIRED.—The com- tative and quantitative models, used by na- cluded from the credit ratings that the reg- pliance officer shall annually prepare and tionally recognized statistical rating organi- istrant is not commenting on (such as liquid- sign a report on the compliance of the na- zations that require each nationally recog- ity, market, and other risks); tionally recognized statistical rating organi- nized statistical rating organization to— ‘‘(C) information on the reliability, accu- zation with the securities laws and its poli- ‘‘(1) ensure that credit ratings are deter- racy, and quality of the data relied on in de- cies and procedures, including its code of mined using procedures and methodologies, termining the ultimate credit rating and a ethics and conflict of interest policies, in ac- including qualitative and quantitative mod- statement on the extent to which key data cordance with rules prescribed by the Com- els, that are approved by the board of the na- inputs for the credit rating were reliable or mission. Such compliance report shall ac- tionally recognized statistical rating organi- limited (including, any limits on the reach of company the financial reports of the nation- zation, a body performing a function similar historical data, limits in accessibility to cer- ally recognized statistical rating organiza- to that of a board, or the senior officer of the tain documents or other forms of informa- tion that are required to be furnished to the nationally recognized statistical rating orga- Commission pursuant to this section.’’; tion that would have better informed the nization, and in accordance with the policies credit rating, and the completeness of cer- (5) in subsection (k)— and procedures of the nationally recognized (A) by striking ‘‘, on a confidential basis,’’; tain information considered); statistical rating organization for developing ‘‘(D) whether and to what extent third (B) by striking ‘‘Each nationally’’ and in- and modifying credit rating procedures and party due diligence services have been uti- serting the following: methodologies; lized, and a description of the information ‘‘(1) IN GENERAL.—Each nationally’’; and ‘‘(2) ensure that when major changes to that such third party reviewed in conducting (C) by adding at the end the following: credit rating procedures and methodologies, due diligence services; ‘‘(2) EXCEPTION.—The Commission may including to qualitative and quantitative ‘‘(E) a description of relevant data about treat as confidential any item furnished to models, are made, that the changes are ap- the Commission under paragraph (1), the plied consistently to all credit ratings to any obligor, issuer, security, or money mar- publication of which the Commission deter- which such changed procedures and meth- ket instrument that was used and relied on mines may have a harmful effect on a na- odologies apply and, to the extent the for the purpose of determining the credit rat- tionally recognized statistical rating organi- changes are made to credit rating surveil- ing; zation.’’; lance procedures and methodologies, they ‘‘(F) an explanation or measure of the po- (6) by amending subsection (p) to read as are applied to current credit ratings within a tential volatility for the rating, including follows: time period to be determined by the Com- any factors that might lead to a change in ‘‘(p) NRSRO REGULATION.— mission by rule, and that the reason for the the rating, and the extent of the change that ‘‘(1) IN GENERAL.—The Commission shall change is disclosed publicly; might be anticipated under different condi- establish an office that administers the rules ‘‘(3) notify users of credit ratings of the tions; and of the Commission with respect to the prac- version of a procedure or methodology, in- ‘‘(G) additional information, including con- tices of nationally recognized statistical rat- cluding a qualitative or quantitative model, flict of interest information, as may be re- ing organizations in determining ratings, for used with respect to a particular credit rat- quired by the Commission. the protection of users of credit ratings and ing; and ‘‘(4) DUE DILIGENCE SERVICES.— in the public interest, and to ensure that ‘‘(4) notify users of credit ratings when a ‘‘(A) CERTIFICATION REQUIRED.—In any case credit ratings issued by such registrants are change is made to a procedure or method- in which third party due diligence services accurate and not unduly influenced by con- ology, including to a qualitative or quan- are employed by a nationally recognized sta- flicts of interest. titative model, or an error is identified in a tistical rating organization or an issuer or

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5620 CONGRESSIONAL RECORD — SENATE May 19, 2009 underwriter, the firm providing the due dili- Comptroller General shall submit to Con- that I think we can all agree are rea- gence services shall provide to the nation- gress and the Securities Exchange Commis- sonable. ally recognized statistical rating organiza- sion, a report containing the findings under Let me tell you exactly what the bill tion written certification of such due dili- the study required by subsection (a). would do. gence, which shall be subject to review by the Commission. By Mrs. FEINSTEIN (for herself, It would apply during the 60 days leading up to a general election and the ‘‘(B) FORMAT AND CONTENT.—The nation- Ms. SNOWE, and Mr. DURBIN): ally recognized statistical rating organiza- S. 1077. A bill to regulate political 30 days before a primary election. tions shall establish the appropriate format robocalls, to the Committee on Rules It would ban robocalls between the and content for written certifications re- and Administration. hours of 9 p.m. and 8 a.m.—to try to quired under subparagraph (A), to ensure Mrs. FEINSTEIN. Mr. President, I prevent these calls from disturbing that providers of due diligence services have people when they are sleeping or trying conducted a thorough review of data, docu- rise to introduce the Robocall Privacy Act of 2009. to put their children to sleep. mentation, and other relevant information It would stop any campaign or group necessary for the nationally recognized sta- This is a bill that is cosponsored by tistical rating organization to provide an ac- Senator SNOWE and Senator DURBIN, from making more than two robocalls curate rating.’’; and and that would protect American fami- to the same telephone number in a sin- (7) by amending subsection (m) to read as lies from being inundated by auto- gle day. follows: mated political calls all through the It would prohibit groups making ‘‘(m) ACCOUNTABILITY.— day and night. robocalls from locking the ‘‘caller ‘‘(1) IN GENERAL.—The enforcement and identification’’ number that is sup- penalty provisions of this title shall apply to The bill would allow political out- reach through these prerecorded posed to show up on many phones; and a nationally recognized statistical rating or- it would require robocallers to include ganization in the same manner and to the ‘‘robocalls’’ to continue, but it would same extent as such provisions apply to a put some commonsense limits on an announcement at the beginning of registered public accounting firm or a secu- them—to make sure that they are used each call explaining who is responsible rities analyst under the Federal securities in a way that informs voters, rather for the call and that it is a prerecorded laws for statements made by them, and such than harasses or misleads them. message. This is to prevent people from statements shall not be deemed forward- In recent years, we have seen amaz- using these calls in a way that is mis- looking statements for purposes of section ing development in technologies that leading. 21E. help political candidates reach out to The enforcement provisions of this ‘‘(2) RULEMAKING.—The Commission shall bill are simple and intent on stopping issue such rules as may be necessary to carry voters. out this subsection.’’. This is a good thing. Political speech the worst of these calls. SEC. 4. STATE OF MIND IN PRIVATE ACTIONS. is essential, and new technology that The bill creates a civil fine for viola- Section 21D(b)(2) of the Securities Ex- facilitates communication between tors of the law, with additional fines change Act of 1934 (15 U.S.C. 78u–4(b)(2)) is candidates and voters serves to bolster for callers who willfully violate the amended by inserting before the period at the democratic process. When more in- law. the end the following: ‘‘, except that in the formation is available to voters, it pro- The bill also allows voters to sue to case of an action brought under this title for motes a more meaningful interchange stop those calls immediately, but to money damages against a nationally recog- not receive money damages. nized statistical rating organization, it shall of ideas. be sufficient, for purposes of pleading any re- The robocall is one of these recent A judge can order violators of the law quired state of mind for purposes of such ac- developments. A robocall is a pre-re- to stop these abusive calls. tion, that the complaint shall state with par- corded phone message that can be sent Why are these provisions so impor- ticularity facts giving rise to a strong infer- out to tens of thousands of voters at a tant? Let me give you a few facts and ence that the nationally recognized statis- low cost through computer automa- stories from recent elections: tical rating organization knowingly or reck- tion. According to the Pew Foundation, lessly failed either to conduct a reasonable the use of robocalls is on the rise. By investigation of the rated security with re- With television and radio ads becom- spect to the factual elements relied upon by ing so expensive, these robocalls can April of 2008, 39 percent of voters over- its own methodology for evaluating credit play a positive role in alerting voters all had received pre-recorded political risk, or to obtain reasonable verification of to a candidate’s position and urging calls, and a full 81 percent of likely such factual elements (which verification their support at the polls. caucus-goers in Iowa had been con- may be based on a sampling technique that But it is also a technology that can tacted with robocalls. does not amount to an audit) from other As the 2008 campaign went forward, sources that it considered to be competent be abused. We all have heard stories and that were independent of the issuer and about people being called over and over voters expressed disagreement both underwriter’’. and over again at all hours of the day with the number of these calls, and SEC. 5. REGULATIONS. and night. with their content, saying that some The Securities and Exchange Commission I believe this is wrong. When these calls were deliberately misleading. shall issue final rules and regulations, as re- calls are used improperly, they inter- In 2007, hundreds of voters in New quired by the amendments made by this Act, rupt American families during their York were woken up at 2 am because of not later than 365 days after the date of en- private time at home and interfere a software programming error with a actment of this Act. with their privacy rights. They can robocall. The calls were supposed to SEC. 6. STUDY AND REPORT. occur at 2 p.m. (a) STUDY.—The Comptroller General of also turn people away from the polit- the United States shall undertake a study ical process itself. In 2006, there were complaints about of— When people become frustrated or an- robocalls across the country. In the Ne- (1) the extent to which rulemaking the Se- noyed by calls that are commercial in braska 3rd District Congressional Elec- curities and Exchange Commission has car- nature, they have the option to request tion, voters complained to candidate ried out the provisions of this Act; to be put on the Federal Trade Com- Scott Kleeb when they received dozens (2) the appropriateness of relying on rat- mission’s ‘‘Do Not Call’’ list. To date, of calls, containing poor-quality ings for use in Federal, State, and local secu- millions of Americans have chosen to versions of his voice. Kleeb’s sup- rities and banking regulations, including for porters claim that his voice was re- determining capital requirements; be part of that list. (3) the effect of liability in private actions But political calls are specifically ex- corded, and used in an abusive robocall arising under the Securities Exchange Act of empted from this ‘‘Do Not Call’’ reg- against him. 1934 and the exception added by section 4 of istry. In Illinois, voters received a recorded this Act; and The First Amendment gives special call about U.S. Representative MELISSA (4) alternative means for compensating protection to political speech, because BEAN that did not clearly identify the credit rating agencies that would create in- the interchange of political ideas is es- caller. Voters called Representative centives for accurate credit ratings and sential to our democracy. BEAN’s office to complain without lis- what, if any, statutory changes would be re- For that reason, the ‘‘Robocall Pri- tening to the entire message, which quired to permit or facilitate the use of such alternative means of compensation. vacy Act’’ would not wholly ban polit- eventually identified an opposing party (b) REPORT.—Not later than 30 months ical robocalls. It would, however, im- committee as the sponsor—but only after the date of enactment of this Act, the pose some carefully drawn restrictions after the time that most voters had

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5621 hung up. Representative Bean had to (2) IDENTITY.—The term ‘‘identity’’ means, Bureau of Reclamation over program spend campaign funds informing voters with respect to any individual making a po- activities associated with the C.C. she had not made that call. litical robocall or causing a political Cragin Project in northern Arizona. A In a Maryland race, voters in a con- robocall to be made, the name of the sponsor companion measure was introduced or originator of the call. servative area received a middle-of-the- NN (3) SPECIFIED PERIOD.—The term ‘‘specified last month by Congresswoman A night robocall from the nonexistent period’’ means, with respect to any can- KIRKPATRICK from Arizona. ‘‘Gay and Lesbian Push,’’ urging them didate for Federal office who is promoted, Pursuant to the Arizona Water Set- to support one of the candidates. That supported, attacked, or opposed in a political tlements Act of 2004, AWSA, Congress candidate lost the election, in part be- robocall— authorized the Secretary of the Inte- cause of the false, late-night call. (A) the 60-day period ending on the date of rior to accept from the Salt River Quantity is an added problem. Voters any general, special, or run-off election for the office sought by such candidate; and Project, SRP, title of the C.C. Cragin frequently receive multiple robocall Dam and Reservoir for the express use calls a day from the same group or can- (B) the 30-day period ending on the date of any primary or preference election, or any of the Salt River Federal Reclamation didate in the days leading up to an convention or caucus of a political party Project. While it’s clear that Congress election. that has authority to nominate a candidate, intended to transfer jurisdiction of the The National Do Not Call Network— for the office sought by such candidate. Cragin Project to the Department of a nonprofit focused on this issue—has (4) OTHER DEFINITIONS.—The terms ‘‘can- Interior, and in particular, the Bureau indicated that 40 percent of its mem- didate’’ and ‘‘Federal office’’ have the re- of Reclamation, the lands underlying spective meanings given such terms under bership says they received between 5 the Project are technically located and 9 calls a day during the election section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431). within the Coconino National Forest season. Some frustrated voters re- and the Tonto National Forest. This ported receiving as many as 37 calls in SEC. 4. REGULATION OF POLITICAL ROBOCALLS. It shall be unlawful for any person during has resulted in a disagreement between a day. the specified period to make a political the Bureau of Reclamation and the Na- This is just counterproductive. The robocall or to cause a political robocall to be tional Forest Service concerning juris- goal of political speech is to inform made— diction over the operation and manage- and engage voters, not to mislead them (1) to any person during the period begin- ment activities of the Cragin Project. or turn them off of the democratic ning at 9 p.m. and ending at 8 a.m. in the process. place which the call is directed; For more than two years, SRP and I am a strong supporter of the First (2) to the same telephone number more Reclamation have attempted to reach Amendment and its protection for po- than twice on the same day; an agreement with the Forest Service litical speech, but these robocalls have (3) without disclosing, at the beginning of that recognizes Reclamation’s para- the call— mount jurisdiction over the Cragin become a problem. Something must be (A) that the call is a recorded message; and done. Project. Unfortunately, the Forest (B) the identity of the person making the Service maintains that this technical I believe this bill presents the right call or causing the call to be made; or solution—it imposes clear time, place, (4) without transmitting the telephone ambiguity under the AWSA implies and manner restrictions, but it also al- number and the name of the person making they have a regulatory role in approv- lows campaigns and groups to use the political robocall or causing the political ing Cragin Project operations and robocalls to inform voters of issues and robocall to be made to the caller identifica- maintenance. their positions. tion service of the recipient. Speedy resolution of this jurisdic- I think it is time for us to find a rea- SEC. 5. ENFORCEMENT. tional issue is urgently needed in order sonable solution to these calls that are (a) ENFORCEMENT BY FEDERAL ELECTION to address repairs and other oper- COMMISSION.— intruding on the privacy of the Amer- (1) IN GENERAL.—Any person aggrieved by a ational needs of the Cragin Project, in- ican home and misleading voters. violation of section 4 may file a complaint cluding planning for the future water I want to thank Senators SNOWE and with the Federal Election Commission under needs of the City of Payson and other DURBIN for co-sponsoring this legisla- rules similar to the rules under section 309(a) northern Arizona communities. This tion, and I urge my colleagues to join of the Federal Election Campaign Act of 1971 clarification would simply provide Rec- me in supporting the Robocall Privacy (2 U.S.C. 437g(a)). lamation with the oversight responsi- Act of 2009. (2) CIVIL PENALTY.— bility that Congress originally in- Mr. President, I ask unanimous con- (A) IN GENERAL.—If the Federal Election tended. I urge my colleagues to support Commission or any court determines that sent that the text of the bill be printed there has been a violation of section 4, there this bill. in the RECORD. shall be imposed a civil penalty of not more There being no objection, the text of than $1,000 per violation. f the bill was ordered to be printed in (B) WILLFUL VIOLATIONS.—In the case the the RECORD, as follows: Federal Election Commission or any court SUBMITTED RESOLUTIONS determines that there has been a knowing or S. 1077 willful violation of section 4, the amount of Be it enacted by the Senate and House of Rep- any civil penalty under subparagraph (A) for resentatives of the United States of America in such violation may be increased to not more Congress assembled, than 300 percent of the amount under sub- SENATE RESOLUTION 152—TO SECTION 1. SHORT TITLE. paragraph (A). AMEND S. RES. 73 TO INCREASE This Act may be cited as the ‘‘Robocall (b) PRIVATE RIGHT OF ACTION.—Any person FUNDING FOR THE SPECIAL RE- Privacy Act of 2009’’. may bring in an appropriate district court of SERVE SEC. 2. FINDINGS. the United States an action based on a viola- Congress makes the following findings: tion of section 4 to enjoin such violation Mr. SCHUMER (for himself and Mr. (1) Abusive political robocalls harass vot- without regard to whether such person has BENNETT) submitted the following reso- ers and discourage them from participating filed a complaint with the Federal Election lution; which was considered and in the political process. Commission. agreed to: (2) Abusive political robocalls infringe on the privacy rights of individuals by dis- By Mr. MCCAIN (for himself and S. RES. 152 turbing them in their homes. Mr. KYL): Resolved, SEC. 3. DEFINITIONS. S. 1080. A bill to clarify the jurisdic- SECTION 1. SPECIAL RESERVE FUNDING. For purposes of this Act— tion of the Secretary of the Interior (1) POLITICAL ROBOCALL.—The term ‘‘polit- with respect to the C.C. Cragin Dam (a) IN GENERAL.—Section 20(a) of S. Res. 73 ical robocall’’ means any outbound tele- and Reservoir, and for other purposes; (111th Congress) is amended by striking ‘‘$4,375,000’’ and inserting ‘‘$4,875,000’’. phone call— to the Committee on Energy and Nat- (A) in which a person is not available to (b) AGGREGATES.—The additional funds speak with the person answering the call, ural Resources. provided by the amendment made by sub- and the call instead plays a recorded mes- Mr. MCCAIN. Mr. President, I am section (a) shall not be considered to be sub- sage; and pleased to be joined by my colleague, ject to the 89 percent limitation on Special (B) which promotes, supports, attacks, or Senator KYL, in introducing a bill that Reserves found on page 2 of Committee Re- opposes a candidate for Federal office. would clarify the jurisdiction of the port 111-14, accompanying S. Res. 73.

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5622 CONGRESSIONAL RECORD — SENATE May 19, 2009 SENATE RESOLUTION 153—EX- Whereas the OSCE Parliamentary Assem- (4) urges the Government of Lithuania and PRESSING THE SENSE OF THE bly has called on the participating states to the governments of other countries in Eu- SENATE ON THE RESTITUTION ensure that they implement appropriate leg- rope that have not already done so to imme- OF OR COMPENSATION FOR islation to secure the restitution of or com- diately enact fair, comprehensive, non-dis- pensation for property losses of victims of criminatory, and just legislation so that PROPERTY SEIZED DURING THE Nazi persecution, including communal orga- communities that had communal and reli- NAZI AND COMMUNIST ERAS nizations and institutions, irrespective of gious property looted and wrongly con- Mr. NELSON of Florida (for himself the current citizenship or place of residence fiscated by the Nazis during World War II and Mr. CARDIN) submitted the fol- of the victims, their heirs, or the relevant and subsequently seized by a Communist lowing resolution; which was referred successors to communal property; government (or the relevant successors to Whereas Congress passed resolutions in the such property or the relevant foundations) to the Committee on Foreign Rela- 104th and 105th Congresses that emphasized are able to obtain either restitution of their tions: the longstanding support of the United property or, where restitution is not pos- S. RES. 153 States for the restitution of or compensation sible, fair compensation; Whereas many Eastern European countries for property wrongly confiscated during the (5) urges the countries of Europe which were dominated for parts of the last century Nazi and Communist eras; have not already done so to ensure that all by Nazi or Communist regimes, without the Whereas certain post-Communist countries such restitution and compensation legisla- consent of their people; in Europe have taken steps toward compen- tion is established in accordance with prin- Whereas victims under the Nazi regime in- sating victims of Nazi persecution whose ciples of justice and provides a simple, trans- cluded individuals persecuted or targeted for property was confiscated by the Nazis or parent, and prompt process, so that it results persecution by the Nazi or Nazi-allied gov- their allies and collaborators during World in a tangible benefit to those surviving vic- ernments based on their religious, ethnic, or War II or subsequently seized by Communist tims of Nazi persecution who suffered from cultural identity, as well as their political governments; the unjust confiscation of their property, beliefs, sexual orientation, or disability; Whereas at the 1998 Washington Conference many of whom are well into their senior Whereas the Nazi regime and the authori- on Holocaust-Era Assets, 44 countries adopt- years; tarian and totalitarian regimes that emerged ed the Principles on Nazi-Confiscated Art to (6) calls on the President and the Secretary in Eastern Europe after World War II perpet- guide the restitution of looted artwork and of State to engage in an open dialogue with uated the wrongful and unjust confiscation cultural property; leaders of those countries that have not al- of property belonging to the victims of Nazi Whereas the Government of Lithuania has ready enacted such legislation to support the persecution, including real property, per- promised to adopt an effective legal frame- adoption of legislation requiring the fair, sonal property, and financial assets; work to provide for the restitution of or comprehensive, and nondiscriminatory res- Whereas communal and religious property compensation for wrongly confiscated com- titution of or compensation for private, com- was an early target of the Nazi regime and, munal property, but so far has not done so; munal, and religious property that was by expropriating churches, synagogues and Whereas successive governments in Poland seized and confiscated during the Nazi and other community-controlled property, the have promised to adopt an effective general Communist eras; and Nazis denied religious communities the tem- property compensation law, but the current (7) welcomes the decision by the Govern- poral facilities that held those communities government has yet to adopt one; ment of the Czech Republic to host in June together; Whereas the legislation providing for the 2009 an international conference for govern- Whereas after World War II, Communist re- restitution of or compensation for wrongly ments and non-governmental organizations gimes expanded the systematic expropria- confiscated property in Europe has, in var- to continue the work done at the 1998 Wash- tion of communal and religious property in ious instances, not always been implemented ington Conference on Holocaust-Era Assets, an effort to eliminate the influence of reli- in an effective, transparent, and timely man- which will— gion; ner; (A) address the issues of restitution of or Whereas many insurance companies that Whereas such legislation is of the utmost compensation for real property, personal issued policies in pre-World War II Eastern importance in returning or compensating property (including art and cultural prop- Europe were nationalized or had their sub- property wrongfully seized by totalitarian or erty), and financial assets wrongfully con- sidiary assets nationalized by Communist re- authoritarian governments to its rightful fiscated by the Nazis or their allies and col- gimes; owners; laborators and subsequently wrongfully con- Whereas such nationalized companies and Whereas compensation and restitution pro- fiscated by Communist regimes; those with nationalized subsidiaries have grams can never bring back to Holocaust (B) review issues related to the opening of generally not paid the proceeds or compensa- survivors what was taken from them, or in archives and the work of historical commis- tion due on pre-war policies, because control any way make up for their suffering; and sions, review progress made, and focus on the of those companies or their Eastern Euro- Whereas there are Holocaust survivors, next steps required on these issues; and pean subsidiaries had passed to their respec- now in the twilight of their lives, who are (C) examine social welfare issues related to tive governments; impoverished and in urgent need of assist- the needs of Holocaust survivors, and iden- Whereas Eastern European countries in- ance, lacking the resources to support basic tify methods and resources to meet to such volved in these nationalizations have not needs, including adequate shelter, food, or needs. participated in a compensation process for medical care: Now, therefore, be it Mr. NELSON of Florida. Mr. Presi- Holocaust-era insurance policies for victims Resolved, That the Senate— dent, next month, to mark the conclu- of Nazi persecution; (1) appreciates the efforts of those Euro- sion of its term in the presidency of the Whereas the protection of and respect for pean countries that have enacted legislation European Union, the Czech Republic private property rights is a basic principle for the restitution of or compensation for will host what will be an historic gath- for all democratic governments that operate private, communal, and religious property according to the rule of law; wrongly confiscated during the Nazi or Com- ering in Prague: the International Con- Whereas the rule of law and democratic munist eras, and urges each of those coun- ference on Holocaust Era Assets. The norms require that the activity of govern- tries to ensure that the legislation is effec- Prague Conference will build on the ments and their administrative agencies be tively and justly implemented; important work done more than 10 exercised in accordance with the laws passed (2) welcomes the efforts of many post-Com- years ago at the Conference on Holo- by their parliaments or legislatures, and munist countries to address the complex and caust Era Assets held here in Wash- such laws themselves must be consistent difficult question of the status of confiscated ington. The Washington Conference with international human rights standards; properties, and urges those countries to en- laid the foundation for important Whereas in July 2001, the Paris Declaration sure that their restitution or compensation agreements entered into by countries of the Organization for Security and Co- programs are implemented in a timely, non- operation in Europe (OSCE) Parliamentary discriminatory manner; and private companies that resulted in Assembly noted that the process of restitu- (3) urges the Government of Poland and a number of restitution and compensa- tion, compensation, and material reparation the governments of other countries in Eu- tion programs throughout Western Eu- of victims of Nazi persecution has not been rope that have not already done so to imme- rope that have paid hundreds of mil- pursued with the same degree of comprehen- diately enact fair, comprehensive, non-dis- lions of dollars to Holocaust victims siveness by all of the OSCE participating criminatory, and just legislation so that vic- and their heirs. states; tims of Nazi persecution (or the heirs or suc- The Prague Conference hopefully will Whereas the OSCE participating states cessors of such persons) who had their pri- serve as a catalyst for the next, and have agreed to achieve or maintain full rec- vate property looted and wrongly confiscated probably final, phase of restitution and ognition and protection of all types of prop- by the Nazis during World War II and subse- erty, including private property and the quently seized by a Communist government compensation programs for Holocaust right to prompt, just, and effective com- are able to obtain either restitution of their survivors and their heirs. One of the pensation for private property that is taken property or, where restitution is not pos- Prague Conference’s main focuses will for public use; sible, fair compensation; be how to advance restitution for real

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5623 and personal property, including art Millions of Jews lived in Eastern Eu- lived in Eastern Europe and their in- and cultural property. This is espe- ropean countries before the war. While ability thus far to obtain restitution or cially true in Eastern Europe, where many of them lived in rural areas and compensation: there are numerous countries that were too poor to afford insurance, I support your efforts to secure property have yet to enact meaningful restitu- there were certainly Jews who pur- restitution in Eastern Europe for Holocaust tion programs, including countries in chased insurance policies from subsidi- Survivors. Eastern Europe. aries of Western European companies With my family, I was expelled from our Two resolutions introduced today whose assets were taken by the com- apartment in Lodz, Poland on December 11, will address this topic. I have intro- munist governments that came into 1939. We were allowed to take with us only 3 rucksacks and all our material belongings duced a resolution, which Senator power, or by Eastern European compa- had to be left behind. These included a newly CARDIN has cosponsored, calling on nies that were nationalized. Unfortu- built apartment block with 10 luxury flats, a Eastern European countries to imple- nately, the Eastern European countries textile factory employing over 100 people and ment restitution or compensation pro- neither participated in ICHEIC nor magazines full of finished fabrics. grams for those Holocaust victims and contributed to any of the insurance My mother and I survived the Warsaw their heirs whose property and finan- compensation efforts that have taken ghetto, my father was killed by the Germans cial assets were confiscated by the place. ICHEIC nonetheless paid claims in December 1944 and we returned to Lodz Nazis, and in many cases seized by the after liberation by the Russians in early 1945. on those Eastern European policies Our factory and our apartment belonged now communist governments that later from out of the humanitarian funds to the Polish authorities. We left Poland came to power. Senator CARDIN has in- that were contributed by the ICHEIC soon afterwards. troduced a second resolution, which I companies, ultimately distributing $31 After the collapse of the Iron Curtain and have co-sponsored, supporting the million on more than 2,800 such claims. the communist regime, I tried [to] get our goals of the Prague Conference. Unfortunately, Eastern European possessions back without success, my appeal I first introduced my resolution call- countries have not taken nearly having been dismissed by the Polish High ing for restitution or compensation by enough action on restitution for insur- Court. No compensation was offered. Eastern European countries during the ance and other private and communal We hope the resolution we are intro- 110th Congress, following a hearing I property taken from Jews and other ducing today will spur our own govern- chaired in the Senate Foreign Rela- victims of Nazi persecution, and then ment and governments in Eastern Eu- tions Committee to examine Holo- seized by the communist governments rope into action and call attention to caust-era insurance compensation that ruled Eastern Europe after the this important unfinished business. issues. While this hearing was the first war. Poland, for example, is the sole The Prague Conference offers what time a Senate committee had met spe- member of the Organization for Secu- may be the last time that a foundation cifically to consider this subject, I rity and Cooperation in Europe not to can be laid for significant progress. have been involved in the issue for have enacted property restitution leg- Justice and memory demand nothing more than a decade. As Florida’s insur- islation. And Lithuania has yet to less. ance commissioner in the late 1990s, I enact promised legislation to com- f helped lead an international effort by pensate communities that had com- SENATE RESOLUTION 154—HON- regulators and Jewish groups that ulti- munal and religious property seized. ORING THE ENTREPRENEURIAL mately forced many European insurers This is unacceptable. SPIRIT OF SMALL BUSINESS to come to the table and for the first The resolution I am introducing CONCERNS IN THE UNITED time begin paying restitution to sur- today urges countries in Eastern Eu- STATES DURING NATIONAL vivors. rope to enact fair and comprehensive SMALL BUSINESS WEEK, BEGIN- Florida is a State with a large popu- private and communal property res- NING MAY 17, 2009 lation of Holocaust survivors—one of titution legislation addressing the un- the largest concentrations of Holocaust just taking of property by Nazi, com- Ms. LANDRIEU (for herself, Ms. survivors in the world. Most are in munist, and socialist regimes, and to SNOWE, Mr. CARDIN, Mr. KERRY, Mrs. their 80s or 90s—the very youngest are do so as quickly as possible. Given that SHAHEEN, Mr. WICKER, Ms. CANTWELL, in their 70s. They are valued constitu- the youngest Holocaust survivors are and Mr. ISAKSON) submitted the fol- ents, and while I recognize that no in their 70s, time is of the essence. lowing resolution; which was consid- amount of financial compensation or Our resolution calls for the Secretary ered and agreed to: property restitution can ever make up of State to engage in dialogue to S. RES. 154 from the indescribable wrong of the achieve the aims of the resolution as Whereas the approximately 27,200,000 small Holocaust, I have been and remain well as for the convening of an inter- business concerns in the United States are committed to doing what I can to as- national intergovernmental conference the driving force behind the Nation’s econ- sist survivors to obtain without delay to focus on the remaining steps nec- omy, creating more than 93 percent of all net meaningful compensation for assets essary to secure restitution and com- new jobs and generating more than 50 per- that they lost during the war. pensation of Holocaust-era assets. cent of the Nation’s non-farm gross domestic The primary purpose of that hearing The resolution received over- product; Whereas small businesses play an integral was to examine what remains to be whelming support from the survivor role in rebuilding the Nation’s economy; done to compensate Holocaust sur- community when it was introduced Whereas Congress has emphasized the im- vivors and their heirs for the insurance last year. Following the hearing, Holo- portance of small businesses by improving policies, now that the decade-long com- caust survivors were notified of our in- access to capital through the American Re- pensation process undertaken by the tent to file this resolution and asked to covery and Reinvestment Act of 2009; International Commission on Holo- provide input via e-mail. Over the Whereas small business concerns are the caust Era Insurance Claim, ICHEIC, space of 6 weeks, we received more Nation’s innovators, serving to advance has ceased operations and paid out than 200 messages from Holocaust sur- technology and productivity; Whereas small business concerns represent some $306 million to 48,000 Holocaust vivors and their children and relatives 97 percent of all exporters and produce 29 victims and their heirs for Holocaust- now living in nations around the world, percent of exported goods; era insurance policies that belonged to supporting restitution. Many e-mails Whereas Congress established the Small them and never were paid. addressed specific claims to property in Business Administration in 1953 to aid, coun- While Western European countries Eastern European countries including sel, assist, and protect the interests of small and insurance companies participated Croatia, Czech Republic, Hungary, Lat- business concerns in order to preserve free in and contributed to ICHEIC, there via, Lithuania, Poland, Romania, Ser- and competitive enterprise, to ensure that a was undisputed testimony at the hear- bia, Slovakia, and Ukraine. fair proportion of the total purchases, con- ing that Eastern European countries The following message of support tracts, and subcontracts for property and services for the Federal Government are and companies did not and should be from one Holocaust survivor exempli- placed with small business concerns, to called upon to compensate Holocaust fies the many heart-rending and com- make certain that a fair proportion of the survivors for the unpaid value of their pelling e-mails I received, recounting total sales of Government property are made insurance policies. what was lost by survivors who had to such small business concerns, and to

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5624 CONGRESSIONAL RECORD — SENATE May 19, 2009 maintain and strengthen the overall econ- Era Assets in Prague from June 26, 2009, (2) applauds the Government of the Czech omy of the Nation; through June 30, 2009 (in this preamble re- Republic for hosting the Prague Conference Whereas the Small Business Administra- ferred to as the ‘‘Prague Conference’’); and for its unwavering commitment to ad- tion has helped small business concerns with Whereas the Prague Conference will facili- dressing outstanding Holocaust-era issues; access to critical lending opportunities, pro- tate a review of the progress made since the (3) applauds the countries participating in tected small business concerns from exces- 1998 Washington Conference on Holocaust the Prague Conference for the decision to sive Federal regulatory enforcement, played Era Assets, in which 44 countries, 13 non-gov- seek justice for Holocaust survivors and to a key role in ensuring full and open competi- ernmental organizations, and numerous promote Holocaust remembrance and edu- tion for Government contracts, and im- scholars and Holocaust survivors partici- cation; proved the economic environment in which pated; (4) expresses strong support for the deci- small business concerns compete; Whereas a high-level United States delega- sion by those countries to make the eco- Whereas for over 50 years, the Small Busi- tion participated in the Washington Con- nomic, social, housing, and health care needs ness Administration has helped millions of ference, led by then-Under Secretary of of Holocaust survivors a major focus of the entrepreneurs achieve the American dream State for Economic, Business and Agricul- Prague Conference, especially in light of the of owning a small business concern and has tural Affairs Stuart Eizenstat, Nobel Peace advanced age of the survivors, whose needs played a key role in fostering economic Laureate Elie Wiesel, Federal Judge Abner must be urgently addressed; growth; and Mikva, senior diplomats, and a bipartisan (5) urges countries in Central and Eastern Whereas the President has designated the group of Members of Congress; Europe that have not already done so— week beginning May 17, 2009, as ‘‘National Whereas then-Secretary of State Mad- (A) to return to the rightful owner any Small Business Week’’: Now, therefore, be it eleine Albright delivered the keynote ad- property that was wrongfully confiscated or Resolved, That the Senate— dress at the Washington Conference, articu- transferred to a non-Jewish individual; or (1) honors the entrepreneurial spirit of lating the commitment of the United States (B) if return of such property is no longer small business concerns in the United States to Holocaust survivors and urging conference possible, to pay equitable compensation to during National Small Business Week, begin- participants to ‘‘chart a course for finishing the rightful owner in accordance with prin- ning May 17, 2009; the job of returning or providing compensa- ciples of justice and through an expeditious (2) applauds the efforts and achievements tion for stolen Holocaust assets to survivors claims-driven administrative process that is of the owners of small business concerns and and the families of Holocaust victims’’; just, transparent, and fair; their employees, whose hard work and com- Whereas the Prague Conference is expected (6) urges all countries to make a priority of mitment to excellence have made them a to review the issues agreed on at the Wash- returning to Jewish communities any reli- key part of the Nation’s economic vitality; ington Conference, including issues relating gious or communal property that was stolen (3) recognizes the work of the Small Busi- to financial assets, bank accounts, insur- as a result of the Holocaust; ness Administration and its resource part- ance, and other financial properties; (7) calls on all countries to facilitate the ners in providing assistance to entrepreneurs Whereas the Prague Conference is expected use of the Washington Conference Principles and small business concerns; and to include a special session on social pro- on Nazi-Confiscated Art, agreed to December (4) strongly urges the President to take grams for Holocaust survivors and other vic- 3, 1998, in settling all claims involving pub- tims of Nazi atrocities; steps to ensure that— lically and privately held objects; Whereas at the Prague Conference, work- (A) the applicable procurement goals for (8) calls on the President to send a high- ing groups are expected to convene to discuss small business concerns, including the goals level official, such as the Secretary of State Holocaust education, remembrance and re- for small business concerns owned and con- or an appropriate designee, to represent the search, looted art, Judaica and Jewish cul- trolled by service-disabled veterans, small United States at the Prague Conference; and tural property, and immovable property, in- business concerns owned and controlled by (9) urges other invited countries to partici- cluding both private, religious, and com- women, HUBZone small business concerns, pate at a similarly high level. munal property; and socially and economically disadvantaged Whereas the participation and leadership Mr. CARDIN. Mr. President, today I small business concerns, are reached by all of the United States at the highest level is am introducing a resolution to support Federal agencies; critically important to ensure a successful the goals and objectives of the Prague (B) guaranteed loans, microloans, and ven- outcome of the Prague Conference; ture capital, for start-up and growing small Conference on Holocaust Era Assets. Whereas Congress supports further inclu- The Prague Conference, which will be business concerns, are made available to all sion of Holocaust survivors and their advo- qualified small business concerns; cates in the planning and proceedings of the held June 26 through June 30, will serve (C) the management assistance programs Prague Conference; as a forum to review the achievements delivered by resource partners on behalf of Whereas the United States strongly sup- of the 1998 Washington Conference on the Small Business Administration, such as ports the immediate return of, or just com- Holocaust Era Assets. That meeting small business development centers, wom- pensation for, property that was illegally brought together 44 nations, 13 non- en’s business centers, veterans business out- confiscated by Nazi and Communist regimes; governmental organizations, scholars, reach centers, and the Service Corps of Re- Whereas many Holocaust survivors lack tired Executives, are provided with the Fed- and Holocaust survivors, and helped the means for even the most basic neces- channel the political will necessary to eral resources necessary to do their jobs; sities, including proper housing and health (D) reforms to the disaster loan program of care; address looted art, insurance claims, the Small Business Administration are im- Whereas the United States and the inter- communal property, and archival plemented as quickly as possible; national community have a moral obligation issues. The conference also examined (E) tax policy spurs small business growth, to uphold and defend the dignity of Holo- the role of historical commissions and creates jobs, and increases competitiveness; caust survivors and to ensure their well- Holocaust education, remembrance, (F) the Federal Government reduces the being; and research. While the Washington regulatory compliance burden on small busi- Whereas the Prague Conference is a crit- nesses; and Conference was enormously useful, ical forum for effectively addressing the in- more can and should be done in all of (G) broader health reforms efforts address creasing economic, social, housing, and the specific needs of small businesses and the health care needs of Holocaust survivors in these areas. Accordingly, the Prague self-employed in providing quality and af- their waning years; Conference provides an important op- fordable health insurance coverage to their Whereas then-Senator Barack Obama, dur- portunity to identify specific addi- employees. ing his visit in July 2008 to the Yad Vashem tional steps that countries can still f Holocaust Memorial in Israel, stated, ‘‘Let take. our children come here and know this his- I would like to highlight just a cou- SENATE CONCURRENT RESOLU- tory so they can add their voices to proclaim ple of examples that, in my view, un- TION 23—SUPPORTING THE ‘never again.’ And may we remember those derscore the need to get more done. GOALS AND OBJECTIVES OF THE who perished, not only as victims but also as First I would like to mention the PRAGUE CONFERENCE ON HOLO- individuals who hoped and loved and case of Martha Nierenberg’s looted CAUST ERA ASSETS dreamed like us and who have become sym- bols of the human spirit.’’; and family artwork in Hungary. In a nut- Mr. CARDIN (for himself, Mr. LUGAR, Whereas the Prague Conference may rep- shell, Ms. Nierenberg’s family had ex- and Mr. NELSON of Florida) submitted resent the last opportunity for the inter- tensive property stolen by the Nazis, the following concurrent resolution; national community to address outstanding including some artwork. When the which was referred to the Committee Holocaust-era issues: Now, therefore, be it communists came along, they took ad- on Foreign Relations: Resolved by the Senate (the House of Rep- resentatives concurring), That Congress— ditional Nierenberg family property, S. CON. RES. 23 (1) supports the goals and objectives of the and the artwork found its way into the Whereas the Government of the Czech Re- 2009 Prague Conference on Holocaust Era As- museums of the Hungarian communist public will host the Conference on Holocaust sets; regime.

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5625 Under the terms of a foreign claims Member of the Senate Foreign Rela- open end consumer credit plan, and for settlement agreement between the tions Committee, is cosponsoring this other purposes; as follows: United States and Hungary, the resolution, as is the senior Senator On page 3, beginning on line 17, strike Nierenberg family received limited from Florida. ‘‘(other than’’ and all that follows through compensation for some, but not all, of f ‘‘indexed)’’ on line 21 and insert the fol- the stolen property. That agreement lowing: ‘‘(except in the case of an increase provided that the Nierenberg family AMENDMENTS SUBMITTED AND described in paragraph (1), (2), or (3) of sec- PROPOSED tion 171(b))’’. was free to seek compensation for or On page 6, strike lines 9 through 12 and in- restitution of other stolen property. SA 1130. Mr. DODD proposed an amend- sert the following: In 1997, a Hungarian government ment to amendment SA 1058 proposed by Mr. (2) an increase in a variable annual per- committee affirmed that two Hun- DODD (for himself and Mr. SHELBY) to the bill centage rate in accordance with a credit card garian government museums possessed H.R. 627, to amend the Truth in Lending Act agreement that provides for changes in the artwork belonging to the Nierenberg to establish fair and transparent practices rate according to operation of an index that relating to the extension of credit under an family. Unfortunately, to this day, it is not under the control of the creditor and open end consumer credit plan, and for other is available to the general public; remains in these museums. As I have purposes. asked before, why would the Hungarian On page 6, line 13, insert ‘‘the completion SA 1131. Mr. INOUYE (for himself and Mr. of a workout or temporary hardship arrange- government insist on retaining custody COCHRAN) proposed an amendment to the bill ment by the obligor or’’ after ‘‘due to’’. of artwork stolen by the Nazis when it H.R. 2346, making supplemental appropria- On page 6, line 15, strike ‘‘provided that could return it to its rightful owner? It tions for the fiscal year ending September 30, the’’ and insert the following: ‘‘provided is entirely within the Hungarian gov- 2009, and for other purposes. that— ernment’s capacity to make this ges- SA 1132. Mr. INHOFE (for himself, Mr. ‘‘(A) the’’. BARRASSO, Mr. BROWNBACK, Mr. DEMINT, Mr. On page 6, line 20, strike ‘‘; or’’ and insert ture, and I still hope that they will do JOHANNS, Mr. ROBERTS, Mr. THUNE, Mr. so—especially bearing in mind Hun- the following: ‘‘; and VITTER, Mr. SESSIONS, Mr. COBURN, Mrs. (B) the creditor has provided the obligor, gary’s own efforts to recover looted art HUTCHISON, Mr. BENNETT, Mr. HATCH, and Mr. prior to the commencement of such arrange- from other countries. ENZI) submitted an amendment intended to ment, with clear and conspicuous disclosure Second, I deeply regret that the ques- be proposed by him to the bill H.R. 2346, of the terms of the arrangement (including tion of private property compensation supra; which was ordered to lie on the table. any increases due to such completion or fail- in Poland is still a necessary topic of SA 1133. Mr. INOUYE (for himself, Mr. ure); or discussion. Poland is singular in that it INHOFE, Mr. SHELBY, Mr. BROWNBACK, Mr. On page 7, line 7, insert ‘‘on time’’ after is the only country in central Europe ENZI, and Mr. ROBERTS) proposed an amend- ‘‘payments’’. ment to the bill H.R. 2346, supra. that has not adopted any general pri- On page 7, line 12, insert ‘‘on time’’ after SA 1134. Mr. SHELBY (for himself and Mr. ‘‘payments’’. vate property compensation or restitu- ALEXANDER) submitted an amendment in- On page 10, line 13, strike ‘‘or (2)’’ and in- tion law. tended to be proposed by him to the bill H.R. sert ‘‘, (2), (3), or (4)’’. I know a draft private property com- 2346, supra; which was ordered to lie on the On page 12, line 15, strike ‘‘limit-fee’’ and pensation bill is currently being con- table. insert ‘‘limit fee’’. sidered by the Polish Government. I SA 1135. Mr. SHELBY (for himself, Mr. AL- On page 14, between lines 12 and 13, insert also know that, in the 20 years since EXANDER, Mr. GREGG, Mr. BENNETT, Mrs. the following: the fall of communism, Poland has ta- HUTCHISON, and Mr. VITTER) submitted an (7) RESTRICTION ON FEES CHARGED FOR AN amendment intended to be proposed by him bled roughly half a dozen bills on this— OVER-THE-LIMIT TRANSACTION.—With respect to the bill H.R. 2346, supra; which was or- to a credit card account under an open end all of which have failed. It would be dered to lie on the table. consumer credit plan, an over-the-limit fee great to see meaningful movement on SA 1136. Mr. MCCONNELL proposed an may be imposed only once during a billing this before the meeting in Prague, but amendment to the bill H.R. 2346, supra. cycle if the credit limit on the account is ex- this will not come about without SA 1137. Mr. INOUYE proposed an amend- ceeded, and an over-the-limit fee, with re- meaningful leadership from both the ment to the bill H.R. 2346, supra. spect to such excess credit, may be imposed government and the parliament. SA 1138. Mr. DEMINT submitted an amend- only once in each of the 2 subsequent billing Finally, when I was in the Czech Re- ment intended to be proposed by him to the cycles, unless the consumer has obtained an public last year, I expressed my dis- bill H.R. 2346, supra; which was ordered to lie additional extension of credit in excess of on the table. appointment to Czech officials, includ- such credit limit during any such subsequent SA 1139. Mr. CORNYN proposed an amend- cycle or the consumer reduces the out- ing to Jan Kohout who was just ap- ment to the bill H.R. 2346, supra. standing balance below the credit limit as of pointed Foreign Minister on May, that SA 1140. Mr. BROWNBACK proposed an the end of such billing cycle. the Czech framework for making a amendment to the bill H.R. 2346, supra. On page 15, line 10, strike ‘‘over the limit’’ property restitution claim effectively SA 1141. Ms. LANDRIEU (for herself, Mrs. and insert ‘‘over-the-limit’’. excludes those who fled Czechoslovakia HUTCHISON, and Mr. HARKIN) submitted an On page 27, strike line 3 and all that fol- and received both refuge and citizen- amendment intended to be proposed by her lows through page 30, line 12 and insert the ship in the U.S. The United Nations to the bill H.R. 2346, supra; which was or- following: dered to lie on the table. (c) GUIDELINES REQUIRED.— Human Rights Committee has repeat- SA 1142. Mr. BAUCUS submitted an amend- (1) IN GENERAL.—Not later than 6 months edly argued that this violates the non- ment intended to be proposed by him to the after the date of enactment of this Act, the discrimination provision of the Inter- bill H.R. 2346, supra; which was ordered to lie Board shall issue guidelines, by rule, in con- national Covenant on Civil and Polit- on the table. sultation with the Secretary of the Treas- ical Rights. This could be fixed, I be- SA 1143. Mr. RISCH (for himself, Mr. ury, for the establishment and maintenance lieve, by re-opening the deadline for fil- CORNYN, and Mr. BOND) submitted an amend- by creditors of a toll-free telephone number ing claims, as Czech parliamentarians ment intended to be proposed by him to the for purposes of providing information about Jiri Karas and Pavel Tollner rec- bill H.R. 2346, supra; which was ordered to lie accessing credit counseling and debt man- on the table. agement services, as required under section ommended as long ago as 1999. SA 1144. Mr. CHAMBLISS (for himself, Mr. 127(b)(11)(B)(iv) of the Truth in Lending Act, The Holocaust left a scar that will ISAKSON, and Mr. BURR) submitted an amend- as added by this section. not be removed by the Prague con- ment intended to be proposed by him to the (2) APPROVED AGENCIES.—Guidelines issued ference. But this upcoming gathering bill H.R. 2346, supra; which was ordered to lie under this subsection shall ensure that refer- provides an opportunity for govern- on the table. rals provided by the toll-free number re- ments to make tangible and meaning- f ferred to in paragraph (1) include only those ful progress in addressing this painful nonprofit budget and credit counseling agen- chapter of history. I commend the TEXT OF AMENDMENTS cies approved by a United States bankruptcy Czech Republic for taking on the lead- SA 1130. Mr. DODD proposed an trustee pursuant to section 111(a) of title 11, United States Code. ership of organizing this meeting and amendment to amendment SA 1058 pro- At the end of title I, add the following: posed by Mr. DODD (for himself and Mr. urge President Obama to send a high- SEC. 109. CONSIDERATION OF ABILITY TO REPAY. HELBY level U.S. official to represent the U.S. S ) to the bill H.R. 627, to amend (a) IN GENERAL.—Chapter 3 of the Truth in at the conference. the Truth in Lending Act to establish Lending Act (15 U.S.C. 1666 et seq.), as I am honored that the senior Senator fair and transparent practices relating amended by this title, is amended by adding from Indiana, who is the Ranking to the extension of credit under an at the end the following:

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‘‘SEC. 150. CONSIDERATION OF ABILITY TO gible item to induce such student to apply ‘‘(B) DETAILS OF REPORT.—The information REPAY. for or participate in an open end consumer required to be reported under subparagraph ‘‘A card issuer may not open any credit credit plan offered by such card issuer or (A) includes— card account for any consumer under an creditor, if such offer is made— ‘‘(i) any memorandum of understanding be- open end consumer credit plan, or increase ‘‘(A) on the campus of an institution of tween or among a creditor, an institution of any credit limit applicable to such account, higher education; higher education, an alumni association, or unless the card issuer considers the ability of ‘‘(B) near the campus of an institution of foundation that directly or indirectly relates the consumer to make the required pay- higher education, as determined by rule of to any aspect of any agreement referred to in ments under the terms of such account.’’. the Board; or such subparagraph or controls or directs any (b) CLERICAL AMENDMENT.—Chapter 3 of ‘‘(C) at an event sponsored by or related to obligations or distribution of benefits be- the Truth in Lending Act (15 U.S.C. 1661 et an institution of higher education. tween or among any such entities; seq.) is amended in the table of sections for ‘‘(3) SENSE OF THE CONGRESS.—It is the ‘‘(ii) the amount of any payments from the the chapter, by adding at the end the fol- sense of the Congress that each institution creditor to the institution, organization, or lowing: of higher education should consider adopting foundation during the period covered by the ‘‘150. Consideration of ability to repay.’’. the following policies relating to credit report, and the precise terms of any agree- At the end of title II, add the following: cards: ment under which such amounts are deter- ‘‘(A) That any card issuer that markets a mined; and SEC. 205. PREVENTION OF DECEPTIVE MAR- ‘‘(iii) the number of credit card accounts KETING OF CREDIT REPORTS. credit card on the campus of such institution covered by any such agreement that were (a) PREVENTING DECEPTIVE MARKETING.— notify the institution of the location at opened during the period covered by the re- Section 612 of the Fair Credit Reporting Act which such marketing will take place. port, and the total number of credit card ac- (15 U.S.C. 1681j) is amended by adding at the ‘‘(B) That the number of locations on the counts covered by the agreement that were end the following: campus of such institution at which the mar- outstanding at the end of such period. ‘‘(g) PREVENTION OF DECEPTIVE MARKETING keting of credit cards takes place be limited. ‘‘(C) AGGREGATION BY INSTITUTION.—The in- OF CREDIT REPORTS.— ‘‘(C) That credit card and debt education formation required to be reported under sub- ‘‘(1) IN GENERAL.—Subject to rulemaking and counseling sessions be offered as a reg- paragraph (A) shall be aggregated with re- pursuant to section 205(b) of the Credit ular part of any orientation program for new students of such institution.’’. spect to each institution of higher education CARD Act of 2009, any advertisement for a or alumni organization or foundation affili- free credit report in any medium shall SEC. 305. COLLEGE CREDIT CARD AGREEMENTS. ated with or related to such institution. prominently disclose in such advertisement ‘‘(D) INITIAL REPORT.—The initial report re- that free credit reports are available under (a) IN GENERAL.—Section 127 of the Truth in Lending Act (15 U.S.C. 1637), as otherwise quired under subparagraph (A) shall be sub- Federal law at: ‘AnnualCreditReport.com’ mitted to the Board before the end of the 9- (or such other source as may be authorized amended by this Act, is amended by adding at the end the following: month period beginning on the date of enact- under Federal law). ment of this subsection. ‘‘(2) TELEVISION AND RADIO ADVERTISE- ‘‘(r) COLLEGE CARD AGREEMENTS.— ‘‘(3) REPORTS BY BOARD.—The Board shall MENT.—In the case of an advertisement ‘‘(1) DEFINITIONS.—For purposes of this sub- submit to the Congress, and make available broadcast by television, the disclosures re- section, the following definitions shall apply: to the public, an annual report that lists the quired under paragraph (1) shall be included ‘‘(A) COLLEGE AFFINITY CARD.—The term information concerning credit card agree- in the audio and visual part of such adver- ‘college affinity card’ means a credit card ments submitted to the Board under para- tisement. In the case of an advertisement issued by a credit card issuer under an open graph (2) by each institution of higher edu- broadcast by television or radio, the disclo- end consumer credit plan in conjunction cation, alumni organization, or foundation.’’. sure required under paragraph (1) shall con- with an agreement between the issuer and an (b) STUDY AND REPORT BY THE COMP- sist only of the following: ‘This is not the institution of higher education, or an alumni TROLLER GENERAL.— free credit report provided for by federal organization or foundation affiliated with or (1) STUDY.—The Comptroller General of the law.’ ’’. related to such institution, under which such United States shall, from time to time, re- (b) RULEMAKING.— cards are issued to college students who have view the reports submitted by creditors (1) IN GENERAL.—Not later than 9 months an affinity with such institution, organiza- under section 127(r) of the Truth in Lending after the date of enactment of this Act, the tion and— Act, as added by this section, and the mar- Federal Trade Commission shall issue a final ‘‘(i) the creditor has agreed to donate a keting practices of creditors to determine rule to carry out this section. portion of the proceeds of the credit card to the impact that college affinity card agree- (2) CONTENT.—The rule required by this the institution, organization, or foundation ments and college student card agreements subsection— (including a lump sum or 1-time payment of have on credit card debt. (A) shall include specific wording to be money for access); (2) REPORT.—Upon completion of any study used in advertisements in accordance with ‘‘(ii) the creditor has agreed to offer dis- under paragraph (1), the Comptroller General this section; and counted terms to the consumer; or shall periodically submit a report to the (B) for advertisements on the Internet, ‘‘(iii) the credit card bears the name, em- Congress on the findings and conclusions of shall include whether the disclosure required blem, mascot, or logo of such institution, or- the study, together with such recommenda- under section 612(g)(1) of the Fair Credit Re- ganization, or foundation, or other words, tions for administrative or legislative action porting Act (as added by this section) shall pictures, or symbols readily identified with as the Comptroller General determines to be appear on the advertisement or the website such institution, organization, or founda- appropriate. on which the free credit report is made avail- tion. On page 40, line 6, strike ‘‘or’’ at the end. able. ‘‘(B) COLLEGE STUDENT CREDIT CARD AC- On page 40, line 8, strike the period and in- (3) INTERIM DISCLOSURES.—If an advertise- COUNT.—The term ‘college student credit sert the following: ‘‘; or ment subject to section 612(g) of the Fair card account’ means a credit card account (vi) redeemable solely for admission to Credit Reporting Act, as added by this sec- under an open end consumer credit plan es- events or venues at a particular location or tion, is made public after the 9-month dead- tablished or maintained for or on behalf of group of affiliated locations, which may also line specified in paragraph (1), but before the any college student. include services or goods obtainable— rule required by paragraph (1) is finalized, ‘‘(C) COLLEGE STUDENT.—The term ‘college (I) at the event or venue after admission; such advertisement shall include the disclo- student’ means an individual who is a full- or sure: ‘‘Free credit reports are available time or a part-time student attending an in- (II) in conjunction with admission to such under Federal law at: stitution of higher education. events or venues, at specific locations affili- ‘AnnualCreditReport.com’.’’. ‘‘(D) INSTITUTION OF HIGHER EDUCATION.— ated with and in geographic proximity to the At the end of title III, add the following: The term ‘institution of higher education’ event or venue. On page 42, line 5, insert ‘‘or vendor’’ after has the same meaning as in section 101 and SEC. 304. PRIVACY PROTECTIONS FOR COLLEGE ‘‘issuer’’. STUDENTS. 102 of the Higher Education Act of 1965 (20 On page 43, strike lines 9 through 11 and in- Section 140 of the Truth in Lending Act (15 U.S.C. 1001 and 1002). sert the following: U.S.C. 1650) is amended by adding at the end ‘‘(2) REPORTS BY CREDITORS.— (B) the terms of expiration are clearly and the following: ‘‘(A) IN GENERAL.—Each creditor shall sub- conspicuously stated. ‘‘(f) CREDIT CARD PROTECTIONS FOR COL- mit an annual report to the Board con- On page 43, line 13, strike ‘‘shall prescribe’’ LEGE STUDENTS.— taining the terms and conditions of all busi- and insert the following: ‘‘shall— ‘‘(1) DISCLOSURE REQUIRED.—An institution ness, marketing, and promotional agree- ‘‘(A) prescribe’’. of higher education shall publicly disclose ments and college affinity card agreements On page 43, line 19, strike ‘‘of gift’’ and in- any contract or other agreement made with with an institution of higher education, or sert ‘‘of a gift’’. a card issuer or creditor for the purpose of an alumni organization or foundation affili- On page 43, beginning on line 21, strike marketing a credit card. ated with or related to such institution, with ‘‘assessed.’’ and insert the following: ‘‘as- ‘‘(2) INDUCEMENTS PROHIBITED.—No card respect to any college student credit card sessed; and issuer or creditor may offer to a student at issued to a college student at such institu- ‘‘(B) shall determine the extent to which an institution of higher education any tan- tion. the individual definitions and provisions of

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5627 the Electronic Fund Transfer Act or Regula- the Federal Trade Commission Act, includ- other data pertaining to the use of such cred- tion E should apply to general-use prepaid ing part 227 of title 12 of the Code of Federal it card account by the consumer; and cards, gift certificates, and store gift cards.’’. Regulations, as prescribed by the Board (re- (3) the identity of the mortgage creditor On page 46, strike line 16 and all that fol- ferred to as ‘‘Regulation AA’’). which extended or holds the mortgage loan lows through page 48, line 6, and insert the At the end of title V, add the following: secured by the primary residence of the con- following: SEC. 503. STORED VALUE. sumer. SEC. 502. BOARD REVIEW OF CONSUMER CREDIT (a) IN GENERAL.—Not later than 270 days (b) OTHER INFORMATION.—The report re- PLANS AND REGULATIONS. after the date of enactment of this Act, the quired under subsection (a) shall also in- (a) REQUIRED REVIEW.—Not later than 2 Secretary of the Treasury, in consultation clude— years after the effective date of this Act and with the Secretary of Homeland Security, (1) the number of creditors that have en- every 2 years thereafter, except as provided shall issue regulations in final form imple- gaged in the practices described in sub- in subsection (c)(2), the Board shall conduct menting the Bank Secrecy Act, regarding section (a); a review, within the limits of its existing re- the sale, issuance, redemption, or inter- (2) the extent to which the practices de- sources available for reporting purposes, of national transport of stored value, including scribed in subsection (a) have an adverse im- the consumer credit card market, includ- stored value cards. pact on minority or low-income consumers; ing— (b) CONSIDERATION OF INTERNATIONAL (3) any other relevant information regard- (1) the terms of credit card agreements and TRANSPORT.—Regulations under this section ing such practices; and the practices of credit card issuers; regarding international transport of stored (4) recommendations to the Congress on (2) the effectiveness of disclosure of terms, value may include reporting requirements any regulatory or statutory changes that fees, and other expenses of credit card plans; pursuant to section 5316 of title 31, United may be needed to restrict or prevent such (3) the adequacy of protections against un- States Code. practices. fair or deceptive acts or practices relating to (c) EMERGING METHODS FOR TRANSMITTAL SEC. 506. BOARD REVIEW OF SMALL BUSINESS credit card plans; and AND STORAGE IN ELECTRONIC FORM.—Regula- CREDIT PLANS AND RECOMMENDA- (4) whether or not, and to what extent, the tions under this section shall take into con- TIONS. (a) REQUIRED REVIEW.—Not later than 9 implementation of this Act and the amend- sideration current and future needs and months after the date of enactment of this ments made by this Act has affected— methodologies for transmitting and storing Act, the Board shall conduct a review of the (A) cost and availability of credit, particu- value in electronic form. larly with respect to non-prime borrowers; use of credit cards by businesses with not (B) the safety and soundness of credit card SEC. 504. PROCEDURE FOR TIMELY SETTLEMENT more than 50 employees (in this section re- OF ESTATES OF DECEDENT OBLI- ferred to as ‘‘small businesses’’) and the issuers; GORS. (C) the use of risk-based pricing; or credit card market for small businesses, in- (a) IN GENERAL.—Chapter 2 of the Truth in cluding— (D) credit card product innovation. Lending Act ( U.S.C. 1631 et seq.) is amended (b) SOLICITATION OF PUBLIC COMMENT.—In (1) the terms of credit card agreements for by adding at the end the following new sec- connection with conducting the review re- small businesses and the practices of credit tion: quired by subsection (a), the Board shall so- card issuers relating to small businesses; licit comment from consumers, credit card ‘‘§ 140A Procedure for timely settlement of es- (2) the adequacy of disclosures of terms, issuers, and other interested parties, such as tates of decedent obligors fees, and other expenses of credit card plans through hearings or written comments. ‘‘The Board, in consultation with the Fed- for small businesses; (c) REGULATIONS.— eral Trade Commission and each other agen- (3) the adequacy of protections against un- (1) NOTICE.—Following the review required cy referred to in section 108(a), shall pre- fair or deceptive acts or practices relating to by subsection (a), the Board shall publish a scribe regulations to require any creditor, credit card plans for small businesses; notice in the Federal Register that— with respect to any credit card account (4) the cost and availability of credit for (A) summarizes the review, the comments under an open end consumer credit plan, to small businesses, particularly with respect received from the public solicitation, and establish procedures to ensure that any ad- to non-prime borrowers; other evidence gathered by the Board, such ministrator of an estate of any deceased obli- (5) the use of risk-based pricing for small as through consumer testing or other re- gor with respect to such account can resolve businesses; search; and outstanding credit balances in a timely man- (6) credit card product innovation relating (B) either— ner.’’. to small businesses; and (i) proposes new or revised regulations or (b) CLERICAL AMENDMENT.—The table of (7) the extent to which small business own- interpretations to update or revise disclo- sections for chapter 2 of the Truth in Lend- ers use personal credit cards to fund their sures and protections for consumer credit ing Act is amended by inserting after the business operations. cards, as appropriate; or item relating to section 140 the following (b) RECOMMENDATIONS.—Following the re- (ii) states the reason for the determination new item: view required by subsection (a), the Board of the Board that new or revised regulations ‘‘140A. Procedure for timely settlement of es- shall, not later than 12 months after the date are not necessary. tates of decedent obligors’.’’. of enactment of this Act— (2) REVISION OF REVIEW PERIOD FOLLOWING SEC. 505. REPORT TO CONGRESS ON REDUC- (1) provide a report to Congress that sum- MATERIAL REVISION OF REGULATIONS.—In the TIONS OF CONSUMER CREDIT CARD marizes the review and other evidence gath- event that the Board materially revises reg- LIMITS BASED ON CERTAIN INFOR- ered by the Board, such as through consumer ulations on consumer credit card plans, a re- MATION AS TO EXPERIENCE OR testing or other research, and view need not be conducted until 2 years TRANSACTIONS OF THE CONSUMER. (2) make recommendations for administra- after the effective date of the revised regula- (a) REPORT ON CREDITOR PRACTICES RE- tive or legislative initiatives to provide pro- tions, which thereafter shall be treated as QUIRED.—Before the end of the 1-year period tections for credit card plans for small busi- the new date for the biennial review required beginning on the date of enactment of this nesses, as appropriate. by subsection (a). Act, the Board, in consultation with the SEC. 507. SMALL BUSINESS INFORMATION SECU- (d) BOARD REPORT TO THE CONGRESS.—The Comptroller of the Currency, the Director of RITY TASK FORCE. Board shall report to Congress not less fre- the Office of Thrift Supervision, the Federal (a) DEFINITIONS.—In this section— quently than every 2 years, except as pro- Deposit Insurance Corporation, the National (1) the terms ‘‘Administration’’ and ‘‘Ad- vided in subsection (c)(2), on the status of its Credit Union Administration Board, and the ministrator’’ mean the Small Business Ad- most recent review, its efforts to address any Federal Trade Commission, shall submit a ministration and the Administrator thereof, issues identified from the review, and any report to the Committee on Financial Serv- respectively; recommendations for legislation. ices of the House of Representatives and the (2) the term ‘‘small business concern’’ has (e) ADDITIONAL REPORTING.—The Federal Committee on Banking, Housing, and Urban the same meaning as in section 3 of the banking agencies (as that term is defined in Affairs of the Senate on the extent to which, Small Business Act (15 U.S.C. 632); and section 3 of the Federal Deposit Insurance during the 3-year period ending on such date (3) the term ‘‘task force’’ means the task Act) and the Federal Trade Commission shall of enactment, creditors have reduced credit force established under subsection (b). provide annually to the Board, and the Board limits or raised interest rates applicable to (b) ESTABLISHMENT.—The Administrator shall include in its annual report to Congress credit card accounts under open end con- shall, in conjunction with the Secretary of under section 10 of the Federal Reserve Act, sumer credit plans based on— Homeland Security, establish a task force, to information about the supervisory and en- (1) the geographic location where a credit be known as the ‘‘Small Business Informa- forcement activities of the agencies with re- transaction with the consumer took place, or tion Security Task Force’’, to address the in- spect to compliance by credit card issuers the identity of the merchant involved in the formation technology security needs of with applicable Federal consumer protection transaction; small business concerns and to help small statutes and regulations, including— (2) the credit transactions of the consumer, business concerns prevent the loss of credit (1) this Act, the amendments made by this including the type of credit transaction, the card data. Act, and regulations prescribed under this type of items purchased in such transaction, (c) DUTIES.—The task force shall— Act and such amendments; and the price of items purchased in such trans- (1) identify— (2) section 5 of the Federal Trade Commis- action, any change in the type or price of (A) the information technology security sion Act, and regulations prescribed under items purchased in such transactions, and needs of small business concerns; and

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5628 CONGRESSIONAL RECORD — SENATE May 19, 2009 (B) the programs and services provided by (A) a Chairperson, appointed by the Ad- Representatives the full text of the report the Federal Government, State Govern- ministrator; and submitted under subparagraph (A), together ments, and nongovernment organizations (B) a Vice-Chairperson, appointed by the with any comments the Administrator con- that serve those needs; Administrator, in consultation with appro- siders appropriate. (2) assess the extent to which the programs priate nongovernmental organizations, enti- (j) PERSONNEL MATTERS.— and services identified under paragraph ties, or persons. (1) COMPENSATION OF MEMBERS.—Each (1)(B) serve the needs identified under para- (2) MEMBERS.— member of the task force shall serve without graph (1)(A); (A) CHAIRPERSON AND VICE-CHAIRPERSON.— pay for their service on the task force. (3) make recommendations to the Adminis- The Chairperson and the Vice-Chairperson (2) TRAVEL EXPENSES.—Each member of the trator on how to more effectively serve the shall serve as members of the task force. task force shall receive travel expenses, in- needs identified under paragraph (1)(A) (B) ADDITIONAL MEMBERS.— cluding per diem in lieu of subsistence, in ac- through— (i) IN GENERAL.—The task force shall have cordance with applicable provisions under (A) programs and services identified under additional members, each of whom shall be subchapter I of chapter 57 of title 5, United paragraph (1)(B); and appointed by the Chairperson, with the ap- States Code. (B) new programs and services promoted by proval of the Administrator. (3) DETAIL OF SBA EMPLOYEES.—The Admin- the task force; (ii) NUMBER OF MEMBERS.—The number of istrator may detail, without reimbursement, (4) make recommendations on how the Ad- additional members shall be determined by any of the personnel of the Administration ministrator may promote— the Chairperson, in consultation with the to the task force to assist it in carrying out (A) new programs and services that the Administrator, except that— the duties of the task force. Such a detail task force recommends under paragraph (I) the additional members shall include, shall be without interruption or loss of civil (3)(B); and for each of the groups specified in paragraph status or privilege. (B) programs and services identified under (3), at least 1 member appointed from within (4) SBA SUPPORT OF THE TASK FORCE.—Upon paragraph (1)(B); that group; and the request of the task force, the Adminis- (5) make recommendations on how the Ad- (II) the number of additional members trator shall provide to the task force the ad- ministrator may inform and educate with re- shall not exceed 13. ministrative support services that the Ad- spect to— (3) GROUPS REPRESENTED.—The groups ministrator and the Chairperson jointly de- (A) the needs identified under paragraph specified in this paragraph are— termine to be necessary for the task force to (1)(A); (A) subject matter experts; carry out its duties. (k) NOT SUBJECT TO FEDERAL ADVISORY (B) new programs and services that the (B) users of information technologies with- in small business concerns; COMMITTEE ACT.—The Federal Advisory task force recommends under paragraph Committee Act (5 U.S.C. App.) shall not (3)(B); and (C) vendors of information technologies to small business concerns; apply to the task force. (C) programs and services identified under (l) STARTUP DEADLINES.—The initial ap- paragraph (1)(B); (D) academics with expertise in the use of information technologies to support busi- pointment of the members of the task force (6) make recommendations on how the Ad- shall be completed not later than 90 days ministrator may more effectively work with ness; (E) small business trade associations; after the date of enactment of this Act, and public and private interests to address the (F) Federal, State, or local agencies, in- the first meeting of the task force shall be information technology security needs of cluding the Department of Homeland Secu- not later than 180 days after the date of en- small business concerns; and rity, engaged in securing cyberspace; and actment of this Act. (7) make recommendations on the creation (m) TERMINATION.— (G) information technology training pro- of a permanent advisory board that would (1) IN GENERAL.—Except as provided in viders with expertise in the use of informa- make recommendations to the Adminis- paragraph (2), the task force shall terminate tion technologies to support business. trator on how to address the information at the end of fiscal year 2013. (4) POLITICAL AFFILIATION.—The appoint- technology security needs of small business (2) EXCEPTION.—If, as of the termination ments under this subsection shall be made concerns. date under paragraph (1), the task force has without regard to political affiliation. (d) INTERNET WEBSITE RECOMMENDATIONS.— not complied with subsection (i)(4) with re- (i) MEETINGS.— The task force shall make recommendations spect to 1 or more meetings, then the task (1) FREQUENCY.—The task force shall meet to the Administrator relating to the estab- at least 2 times per year, and more fre- force shall continue after the termination lishment of an Internet website to be used by quently if necessary to perform its duties. date for the sole purpose of achieving com- the Administration to receive and dispense pliance with subsection (i)(4) with respect to (2) QUORUM.—A majority of the members of information and resources with respect to the task force shall constitute a quorum. those meetings. the needs identified under subsection (n) AUTHORIZATION OF APPROPRIATIONS.— (3) LOCATION.—The Administrator shall (c)(1)(A) and the programs and services iden- There is authorized to be appropriated to designate, and make available to the task tified under subsection (c)(1)(B). As part of carry out this section $300,000 for each of fis- force, a location at a facility under the con- the recommendations, the task force shall cal years 2010 through 2013. trol of the Administrator for use by the task identify the Internet sites of appropriate force for its meetings. SEC. 508. STUDY AND REPORT ON EMERGENCY programs, services, and organizations, both PIN TECHNOLOGY. (4) MINUTES.— public and private, to which the Internet (a) IN GENERAL.—The Federal Trade Com- (A) IN GENERAL.—Not later than 30 days website should link. mission, in consultation with the Attorney after the date of each meeting, the task force (e) EDUCATION PROGRAMS.—The task force General of the United States and the United shall make recommendations to the Admin- shall publish the minutes of the meeting in States Secret Service, shall conduct a study istrator relating to developing additional the Federal Register and shall submit to the on the cost-effectiveness of making available education materials and programs with re- Administrator any findings or recommenda- at automated teller machines technology spect to the needs identified under sub- tions approved at the meeting. that enables a consumer that is under duress section (c)(1)(A). (B) SUBMISSION TO CONGRESS.—Not later to electronically alert a local law enforce- (f) EXISTING MATERIALS.—The task force than 60 days after the date that the Adminis- ment agency that an incident is taking place shall organize and distribute existing mate- trator receives minutes under subparagraph at such automated teller machine, includ- rials that inform and educate with respect to (A), the Administrator shall submit to the ing— the needs identified under subsection Committee on Small Business and Entrepre- (1) an emergency personal identification (c)(1)(A) and the programs and services iden- neurship of the Senate and the Committee number that would summon a local law en- tified under subsection (c)(1)(B). on Small Business of the House of Represent- forcement officer to an automated teller ma- (g) COORDINATION WITH PUBLIC AND PRIVATE atives such minutes, together with any com- chine when entered into such automated SECTOR.—In carrying out its responsibilities ments the Administrator considers appro- teller machine; and under this section, the task force shall co- priate. (2) a mechanism on the exterior of an auto- ordinate with, and may accept materials and (5) FINDINGS.— mated teller machine that, when pressed, assistance as it determines appropriate from, (A) IN GENERAL.—Not later than the date would summon a local law enforcement to public and private entities, including— on which the task force terminates under such automated teller machine. (1) any subordinate officer of the Adminis- subsection (m), the task force shall submit (b) CONTENTS OF STUDY.—The study re- trator; to the Administrator a final report on any quired under subsection (a) shall include— (2) any organization authorized by the findings and recommendations of the task (1) an analysis of any technology described Small Business Act to provide assistance and force approved at a meeting of the task in subsection (a) that is currently available advice to small business concerns; force. or under development; (3) other Federal agencies, their officers, or (B) SUBMISSION TO CONGRESS.—Not later (2) an estimate of the number and severity employees; and than 90 days after the date on which the Ad- of any crimes that could be prevented by the (4) any other organization, entity, or per- ministrator receives the report under sub- availability of such technology; son not described in paragraph (1), (2), or (3). paragraph (A), the Administrator shall sub- (3) the estimated costs of implementing (h) APPOINTMENT OF MEMBERS.— mit to the Committee on Small Business and such technology; and (1) CHAIRPERSON AND VICE-CHAIRPERSON.— Entrepreneurship of the Senate and the Com- (4) a comparison of the costs and benefits The task force shall have— mittee on Small Business of the House of of not fewer than 3 types of such technology.

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(c) REPORT.—Not later than 9 months after (B) include proposals to improve, expand, Strike all after the enacting clause and in- the date of enactment of this Act, the Fed- and support financial and economic literacy sert the following: eral Trade Commission shall submit to Con- education based on the findings of the report That the following sums are appropriated, gress a report on the findings of the study re- and evaluations. out of any money in the Treasury not other- quired under this section that includes such (3) PRESENTATION TO CONGRESS.—The plan wise appropriated, for the fiscal year ending recommendations for legislative action as developed under this subsection shall be pre- September 30, 2009, and for other purposes, the Commission determines appropriate. sented to Congress not later than 6 months namely: SEC. 509. STUDY AND REPORT ON THE MAR- after the date on which the report under sub- TITLE I KETING OF PRODUCTS WITH CREDIT section (a) is submitted to Congress. OFFERS. (c) EFFECTIVE DATE.—Notwithstanding sec- DEPARTMENT OF AGRICULTURE (a) STUDY.—The Comptroller General of tion 3, this section shall become effective on FOREIGN AGRICULTURAL SERVICE the United States shall conduct a study on the date of enactment of this Act. PUBLIC LAW 480 TITLE II GRANTS the terms, conditions, marketing, and value SEC. 511. FEDERAL TRADE COMMISSION RULE- to consumers of products marketed in con- For an additional amount for ‘‘Public Law MAKING ON MORTGAGE LENDING. 480 Title II Grants’’, $700,000,000, to remain junction with credit card offers, including— (a) IN GENERAL.—Section 626 of division D available until expended: Provided, That the (1) debt suspension agreements; of the Omnibus Appropriations Act, 2009 amount under this heading is designated as (2) debt cancellation agreements; and (Public Law 111–8) is amended— being for overseas deployments and other ac- (3) credit insurance products. (1) in subsection (a)— tivities pursuant to sections 401(c)(4) and (b) AREAS OF CONCERN.—The study con- (A) by striking ‘‘Within’’ and inserting ‘‘(1) ducted under this section shall evaluate— Within’’; 423(a) of S. Con. Res. 13 (111th Congress), the (1) the suitability of the offer of products (B) in paragraph (1), as designated by sub- concurrent resolution on the budget for fis- described in subsection (a) for target cus- paragraph (A), by inserting after the first cal year 2010. tomers; sentence the following: ‘‘Such rulemaking GENERAL PROVISION—THIS TITLE (2) the predatory nature of such offers; and shall relate to unfair or deceptive acts or SEC. 101. Notwithstanding any other provi- (3) specifically for debt cancellation or sus- practices regarding mortgage loans, which sion of law, any amounts made available pension agreements and credit insurance may include unfair or deceptive acts or prac- prior to the date of enactment of this Act to products, loss rates compared to more tradi- tices involving loan modification and fore- provide assistance under the emergency con- tional insurance products. closure rescue services.’’; and servation program established under title IV (c) REPORT TO CONGRESS.—The Comptroller (C) by adding at the end the following: of the Agricultural Credit Act of 1978 (16 shall submit a report to Congress on the re- ‘‘(2) Paragraph (1) shall not be construed to U.S.C. 2201 and 2202) that are unobligated as sults of the study required by this section authorize the Federal Trade Commission to of the date of enactment of this Act shall be not later than December 31, 2010. promulgate a rule with respect to an entity available to carry out any purpose under SEC. 510. FINANCIAL AND ECONOMIC LITERACY. that is not subject to enforcement of the that program without fiscal year limitation: (a) REPORT ON FEDERAL FINANCIAL AND Federal Trade Commission Act (15 U.S.C. 41 Provided, That the amount under this head- ECONOMIC LITERACY EDUCATION PROGRAMS.— et seq.) by the Commission. ing is designated as an emergency require- (1) IN GENERAL.—Not later than 9 months ‘‘(3) Before issuing a final rule pursuant to ment and necessary to meet emergency after the date of enactment of this Act, the the proceeding initiated under paragraph (1), needs pursuant to sections 403(a) and 423(b) Secretary of Education and the Director of the Federal Trade Commission shall consult of S. Con. Res. 13 (111th Congress), the con- the Office of Financial Education of the De- with the Federal Reserve Board concerning current resolution on the budget for fiscal partment of the Treasury shall coordinate any portion of the proposed rule applicable year 2010. with the President’s Advisory Council on Fi- to acts or practices to which the provisions (INCLUDING RESCISSION OF FUNDS) nancial Literacy— of the Truth in Lending Act (15 U.S.C. 1601 et (A) to evaluate and compile a comprehen- seq.) may apply. SEC. 102. (a)(1) For an additional amount sive summary of all existing Federal finan- ‘‘(4) The Federal Trade Commission shall for gross obligations for the principal cial and economic literacy education pro- enforce the rules issued under paragraph (1) amount of direct farm ownership (7 U.S.C. grams, as of the time of the report; and in the same manner, by the same means, and 1922 et seq.) and operating (7 U.S.C. 1941 et (B) to prepare and submit a report to Con- with the same jurisdiction, powers, and du- seq.) loans, to be available from funds in the gress on the findings of the evaluations. ties as though all applicable terms and provi- Agricultural Credit Insurance Fund, as fol- (2) CONTENTS.—The report required by this sions of the Federal Trade Commission Act lows: direct farm ownership loans, subsection shall address, at a minimum— (15 U.S.C. 41 et seq.) were incorporated into $360,000,000; and direct operating loans, (A) the 2008 recommendations of the Presi- and made part of this section.’’; and $225,000,000. dent’s Advisory Council on Financial Lit- (2) in subsection (b)— (2) For an additional amount for the cost eracy; (A) by striking so much as precedes para- of direct loans, including the cost of modi- (B) existing Federal financial and eco- graph (2) and inserting the following: fying loans as defined in section 502 of the nomic literacy education programs for ‘‘(b)(1) Except as provided in paragraph (6), Congressional Budget Act of 1974, as follows: grades kindergarten through grade 12, and in any case in which the attorney general of direct farm ownership loans, $22,860,000; and annual funding to support these programs; a State has reason to believe that an interest direct operating loans, $26,530,000. (C) existing Federal postsecondary finan- of the residents of that State has been or is (b) Of available unobligated discretionary cial and economic literacy education pro- threatened or adversely affected by the en- balances from the Rural Development mis- grams and annual funding to support these gagement of any person subject to a rule pre- sion area carried forward from fiscal year programs; scribed under subsection (a) in a practice 2008, $49,390,000 are hereby rescinded: Pro- (D) the current financial and economic lit- that violates such rule, the State, as parens vided, That none of the amounts may be re- eracy education needs of adults, and in par- patriae, may bring a civil action on behalf of scinded other than those from amounts that ticular, low- and moderate-income adults; the residents of the State in an appropriate were designated by the Congress as an emer- (E) ways to incorporate and disseminate district court of the United States or other gency requirement pursuant to a Concurrent best practices and high quality curricula in court of competent jurisdiction— Resolution on the Budget or the Balanced financial and economic literacy education; ‘‘(A) to enjoin that practice; Budget and Emergency Deficit Control Act and ‘‘(B) to enforce compliance with the rule; of 1985, as amended. (F) specific recommendations on sources of ‘‘(C) to obtain damages, restitution, or (c) That the amount under this section is revenue to support financial and economic other compensation on behalf of residents of designated as an emergency requirement and literacy education activities with a specific the State; or necessary to meet emergency needs pursuant analysis of the potential use of credit card ‘‘(D) to obtain penalties and relief provided to sections 403(a) and 423(b) of S. Con. Res. 13 transaction fees. by the Federal Trade Commission Act and (111th Congress), the concurrent resolution (b) STRATEGIC PLAN.— such other relief as the court considers ap- on the budget for fiscal year 2010. (1) IN GENERAL.—The Secretary of Edu- propriate.’’; and TITLE II (B) in paragraphs (2), (3), and (6), by strik- cation and the Director of the Office of Fi- DEPARTMENT OF COMMERCE nancial Education of the Department of the ing ‘‘Commission’’ each place it appears and ECONOMIC DEVELOPMENT ADMINISTRATION Treasury shall coordinate with the Presi- inserting ‘‘primary Federal regulator’’. dent’s Advisory Council on Financial Lit- (b) EFFECTIVE DATE.—The amendments ECONOMIC DEVELOPMENT ASSISTANCE eracy to develop a strategic plan to improve made by subsection (a) shall take effect on PROGRAMS and expand financial and economic literacy March 12, 2009. For an additional amount for ‘‘Economic education. Development Assistance Programs’’, SA 1131. Mr. INOUYE (for himself (2) CONTENTS.—The plan developed under $40,000,000, to remain available until Sep- this subsection shall— and Mr. COCHRAN) proposed an amend- tember 30, 2010: Provided, That the amount (A) incorporate findings from the report ment to the bill H.R. 2346, making sup- provided under this heading shall be for the and evaluations of existing Federal financial plemental appropriations for the fiscal Trade Adjustment Assistance for Commu- and economic literacy education programs year ending September 30, 2009, and for nities program as authorized by section 1872 under subsection (a); and other purposes; as follows: of Public Law 111–5: Provided further, That

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the amount provided under this heading is FEDERAL PRISON SYSTEM dom, notwithstanding any other provision of designated as an emergency requirement and SALARIES AND EXPENSES law: Provided, That such reimbursement pay- necessary to meet emergency needs pursuant ments may be made in such amounts as the For an additional amount for ‘‘Salaries to sections 403(a) and 423(b) of S. Con. Res. 13 Secretary of Defense, with the concurrence and expenses’’, $5,038,000, to remain available (111th Congress), the concurrent resolution of the Secretary of State, and in consulta- until September 30, 2010. on the budget for fiscal year 2010. tion with the Director of the Office of Man- GENERAL PROVISIONS—THIS TITLE DEPARTMENT OF JUSTICE agement and Budget, may determine, in his SEC. 201. Unless otherwise specified, each discretion, based on documentation deter- GENERAL ADMINISTRATION amount in this title is designated as being mined by the Secretary of Defense to ade- SALARIES AND EXPENSES for overseas deployment and other activities quately account for the support provided and For an additional amount for ‘‘Salaries pursuant to sections 401(c)(4) and 423(a) of S. such determination is final and conclusive and expenses’’, $30,000,000, to remain avail- Con. Res. 13 (111th Congress), the concurrent upon the accounting officers of the United able until September 30, 2010: Provided, That resolution on the budget for fiscal year 2010. States, and 15 days following notification to funds provided in the previous proviso shall SEC. 202. None of the funds provided in this the appropriate congressional committees: only be for carrying out Department of Jus- title shall be used to transfer, relocate, or in- Provided further, That these funds may be tice responsibilities required by Executive carcerate Guantanamo Bay detainees to or used for the purpose of providing specialized Orders 13491, 13492, and 13493: Provided fur- within the United States. training and procuring supplies and special- ther, That the Attorney General shall submit TITLE III ized equipment and providing such supplies to the Committees on Appropriations of the DEPARTMENT OF DEFENSE and loaning such equipment on a non-reim- House and the Senate a detailed plan for ex- bursable basis to coalition forces supporting MILITARY PERSONNEL penditure of such funds no later than 30 days United States military operations in Iraq after enactment of this Act. MILITARY PERSONNEL, ARMY and Afghanistan: Provided further, That the Secretary of Defense shall provide quarterly DETENTION TRUSTEE For an additional amount for ‘‘Military Personnel, Army’’, $11,455,777,000. reports to the congressional defense commit- For an additional amount for ‘‘Detention MILITARY PERSONNEL, NAVY tees on the use of funds provided in this trustee’’, $60,000,000, to remain available paragraph; and until September 30, 2010. For an additional amount for ‘‘Military (3) up to $50,000,000 shall be available, 30 Personnel, Navy’’, $1,565,227,000. LEGAL ACTIVITIES days after the Secretary of Defense submits MILITARY PERSONNEL, MARINE CORPS SALARIES AND EXPENSES, GENERAL LEGAL an expenditure plan to the congressional de- ACTIVITIES For an additional amount for ‘‘Military fense committees detailing the specific Personnel, Marine Corps’’, $1,464,353,000. planned use of these funds, only to support For an additional amount for ‘‘Salaries the relocation and disposition of individuals and expenses, general legal activities’’, MILITARY PERSONNEL, AIR FORCE detained at the Guantanamo Bay Naval Base $1,648,000, to remain available until Sep- For an additional amount for ‘‘Military to locations outside of the United States, re- tember 30, 2010. Personnel, Air Force’’, $1,469,173,000. locate military and support forces associated SALARIES AND EXPENSES, UNITED STATES RESERVE PERSONNEL, ARMY with detainee operations, and facilitate the ATTORNEYS For an additional amount for ‘‘Reserve closure of detainee facilities: Provided, That For an additional amount for ‘‘Salaries Personnel, Army’’, $387,155,000. the Secretary of Defense shall certify in and expenses, United States attorneys’’, RESERVE PERSONNEL, NAVY writing to the congressional defense commit- tees, prior to transferring prisoners to for- $5,000,000, to remain available until Sep- For an additional amount for ‘‘Reserve eign nations, that he has been assured by the tember 30, 2010. Personnel, Navy’’, $39,478,000. For an additional amount for ‘‘Salaries receiving nation that the individual or indi- and expenses, United States attorneys’’, RESERVE PERSONNEL, MARINE CORPS viduals to be transferred will be retained in $10,000,000, to remain available until Sep- For an additional amount for ‘‘Reserve that nation’s custody as long as they remain tember 30, 2010: Provided, That the amount Personnel, Marine Corps’’, $29,179,000. a threat to the national security interest of provided in this paragraph is designated as RESERVE PERSONNEL, AIR FORCE the United States: Provided further, That the funds in this paragraph available to provide an emergency requirement and necessary to For an additional amount for ‘‘Reserve assistance to foreign nations to facilitate the meet emergency needs pursuant to sections Personnel, Air Force’’, $14,943,000. 403(a) and 423(b) of S. Con. Res. 13 (111th Con- relocation and disposition of individuals de- gress), the concurrent resolution on the NATIONAL GUARD PERSONNEL, ARMY tained at the Guantanamo Bay Naval Base budget for fiscal year 2010. For an additional amount for ‘‘National are in addition to any other authority to Guard Personnel, Army’’, $1,542,333,000. provide assistance to foreign nations: Pro- UNITED STATES MARSHALS SERVICES NATIONAL GUARD PERSONNEL, AIR FORCE vided further, That these funds are available SALARIES AND EXPENSES for transfer to any other appropriations ac- For an additional amount for ‘‘National For an additional amount for ‘‘Salaries counts of the Department of Defense or, with Guard Personnel, Air Force’’, $46,860,000. and expenses’’, $10,000,000, to remain avail- the concurrence of the head of the relevant able until September 30, 2010. OPERATION AND MAINTENANCE Federal department or agency, to any other NATIONAL SECURITY DIVISION OPERATION AND MAINTENANCE, ARMY Federal appropriations accounts to accom- plish the purposes provided herein: Provided SALARIES AND EXPENSES For an additional amount for ‘‘Operation and Maintenance, Army’’, $13,933,801,000. further, That this transfer authority is in ad- For an additional amount for ‘‘Salaries dition to any other transfer authority avail- OPERATION AND MAINTENANCE, NAVY and expenses,’’ $1,389,000, to remain available able to the Department of Defense. until September 30, 2010. For an additional amount for ‘‘Operation OPERATION AND MAINTENANCE, ARMY and Maintenance, Navy’’, $2,337,360,000. FEDERAL BUREAU OF INVESTIGATIONS RESERVE OPERATION AND MAINTENANCE, MARINE CORPS SALARIES AND EXPENSES For an additional amount for ‘‘Operation For an additional amount for ‘‘Salaries For an additional amount for ‘‘Operation and Maintenance, Army Reserve’’, and expenses’’, $35,000,000, to remain avail- and Maintenance, Marine Corps’’, $110,017,000. $1,037,842,000. able until September 30, 2010: Provided, That OPERATION AND MAINTENANCE, NAVY RESERVE the amount provided under this heading is OPERATION AND MAINTENANCE, AIR FORCE For an additional amount for ‘‘Operation designated as an emergency requirement and For an additional amount for ‘‘Operation and Maintenance, Navy Reserve’’, $25,569,000. necessary to meet emergency needs pursuant and Maintenance, Air Force’’, $5,992,125,000. OPERATION AND MAINTENANCE, MARINE CORPS to sections 403(a) and 423(b) of S. Con. Res. 13 OPERATION AND MAINTENANCE, DEFENSE-WIDE RESERVE (111th Congress), the concurrent resolution on the budget for fiscal year 2010. For an additional amount for ‘‘Operation For an additional amount for ‘‘Operation and Maintenance, Defense-Wide’’, and Maintenance, Marine Corps Reserve’’, DRUG ENFORCEMENT ADMINISTRATION $5,065,783,000, of which: $30,775,000. SALARIES AND EXPENSES (1) not to exceed $12,500,000 for the Combat- OPERATION AND MAINTENANCE, AIR FORCE For an additional amount for ‘‘Salaries ant Commander Initiative Fund, to be used RESERVE in support of Operation Iraqi Freedom and and expenses’’, $20,000,000, to remain avail- For an additional amount for ‘‘Operation Operation Enduring Freedom; able until September 30, 2010. and Maintenance, Air Force Reserve’’, (2) not to exceed $1,050,000,000, to remain BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND $34,599,000. available until expended, for payments to re- EXPLOSIVES imburse key cooperating nations, for OPERATION AND MAINTENANCE, ARMY SALARIES AND EXPENSES logistical, military, and other support in- NATIONAL GUARD For an additional amount for ‘‘Salaries cluding access provided to United States For an additional amount for ‘‘Operation and expenses’’, $14,000,000, to remain avail- military operations in support of Operation and Maintenance, Army National Guard’’, able until September 30, 2010. Iraqi Freedom and Operation Enduring Free- $203,399,000.

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AFGHANISTAN SECURITY FORCES FUND period as the appropriation or fund to which MINE RESISTANT AMBUSH PROTECTED VEHICLE For the ‘‘Afghanistan Security Forces transferred: Provided further, That the Sec- FUND Fund’’, $3,606,939,000, to remain available retary of Defense shall, not fewer than 15 (INCLUDING TRANSFER OF FUNDS) until September 30, 2010: Provided, That such days prior to making transfers from this ap- For the ‘‘Mine Resistant Ambush Pro- funds shall be available to the Secretary of propriation account, notify the congres- tected Vehicle Fund’’, $4,243,000,000, to re- Defense, notwithstanding any other provi- sional defense committees in writing of the main available until September 30, 2010: Pro- sion of law, for the purpose of allowing the details of any such transfer. vided, That such funds shall be available to Commander, Combined Security Transition PROCUREMENT the Secretary of Defense, notwithstanding Command—Afghanistan, or the Secretary’s AIRCRAFT PROCUREMENT, ARMY any other provision of law, to procure, sus- designee, to provide assistance, with the con- tain, transport, and field Mine Resistant currence of the Secretary of State, to the se- For an additional amount for ‘‘Aircraft Ambush Protected vehicles: Provided further, curity forces of Afghanistan, including the Procurement, Army’’, $315,684,000, to remain That the Secretary shall transfer such funds provision of equipment, supplies, services, available until September 30, 2011. only to appropriations for operation and training, facility and infrastructure repair, MISSILE PROCUREMENT, ARMY maintenance; procurement; research, devel- renovation, and construction, and funding: For an additional amount for ‘‘Missile Pro- opment, test and evaluation; and defense Provided further, That the authority to pro- curement, Army’’, $737,041,000, to remain working capital funds to accomplish the pur- vide assistance under this heading is in addi- available until September 30, 2011. pose provided herein: Provided further, That tion to any other authority to provide assist- this transfer authority is in addition to any PROCUREMENT OF WEAPONS AND TRACKED ance to foreign nations: Provided further, other transfer authority available to the De- COMBAT VEHICLES, ARMY That contributions of funds for the purposes partment of Defense: Provided further, That provided herein from any person, foreign For an additional amount for ‘‘Procure- the Secretary shall, not fewer than 15 days government, or international organization ment of Weapons and Tracked Combat Vehi- prior to making transfers from this appro- may be credited to this Fund and used for cles, Army’’, $1,434,071,000, to remain avail- priation, notify the congressional defense such purposes: Provided further, That the able until September 30, 2011. committees in writing of the details of any Secretary shall notify the congressional de- PROCUREMENT OF AMMUNITION, ARMY such transfer. fense committees in writing upon the receipt For an additional amount for ‘‘Procure- RESEARCH, DEVELOPMENT, TEST AND and upon the transfer of any contribution, ment of Ammunition, Army’’, $230,075,000, to EVALUATION delineating the sources and amounts of the remain available until September 30, 2011. RESEARCH, DEVELOPMENT, TEST AND funds received and the specific use of such EVALUATION, ARMY OTHER PROCUREMENT, ARMY contributions: Provided further, That the Sec- For an additional amount for ‘‘Research, retary of Defense shall, not fewer than 15 For an additional amount for ‘‘Other Pro- Development, Test and Evaluation, Army’’, days prior to making transfers from this ap- curement, Army’’, $7,029,145,000, to remain $71,935,000, to remain available until Sep- propriation account, notify the congres- available until September 30, 2011. tember 30, 2010. sional defense committees in writing of the AIRCRAFT PROCUREMENT, NAVY RESEARCH, DEVELOPMENT, TEST AND details of any such transfer. For an additional amount for ‘‘Aircraft EVALUATION, NAVY IRAQ SECURITY FORCES FUND Procurement, Navy’’, $754,299,000, to remain For an additional amount of ‘‘Research, For an additional amount for the ‘‘Iraq Se- available until September 30, 2011. Development, Test and Evaluation, Navy’’, curity Forces Fund’’, $1,000,000,000, to remain WEAPONS PROCUREMENT, NAVY $141,681,000, to remain available until Sep- available until September 30, 2011: Provided, tember 30, 2010. That, not later than July 31, 2010, any re- For an additional amount for ‘‘Weapons RESEARCH, DEVELOPMENT, TEST AND maining unobligated funds in this account Procurement, Navy’’, $31,403,000, to remain EVALUATION, AIR FORCE shall be transferred to the Department of available until September 30, 2011. For an additional amount of ‘‘Research, State to be available for the same purposes PROCUREMENT OF AMMUNITION, NAVY AND Development, Test and Evaluation, Air as provided herein. MARINE CORPS Force’’, $174,159,000, to remain available until PAKISTAN COUNTERINSURGENCY CAPABILITY For an additional amount for ‘‘Procure- September 30, 2010. FUND ment of Ammunition, Navy and Marine RESEARCH, DEVELOPMENT, TEST AND Corps’’, $348,919,000, to remain available until (INCLUDING TRANSFER OF FUNDS) EVALUATION, DEFENSE-WIDE September 30, 2011. There is hereby established in the Treas- For an additional amount of ‘‘Research, ury of the United States the ‘‘Pakistan OTHER PROCUREMENT, NAVY Development, Test and Evaluation, Defense- Counterinsurgency Capability Fund’’. For For an additional amount for ‘‘Other Pro- Wide’’, $498,168,000, to remain available until the ‘‘Pakistan Counterinsurgency Capability curement, Navy’’, $207,181,000, to remain September 30, 2010. Fund’’, $400,000,000, to remain available until available until September 30, 2011. REVOLVING AND MANAGEMENT FUNDS September 30, 2010: Provided, That such funds PROCUREMENT, MARINE CORPS DEFENSE WORKING CAPITAL FUNDS shall be available to the Secretary of De- fense, with the concurrence of the Secretary For an additional amount for ‘‘Procure- For an additional amount for ‘‘Defense of State, notwithstanding any other provi- ment, Marine Corps’’, $1,658,347,000, to re- Working Capital Funds’’, $861,726,000, to re- sion of law, for the purpose of allowing the main available until September 30, 2011. main available until expended. Commander, United States Central Com- AIRCRAFT PROCUREMENT, AIR FORCE DEFENSE HEALTH PROGRAM mand, or the Secretary’s designee, to provide For an additional amount for ‘‘Aircraft For an additional amount for ‘‘Defense assistance to Pakistan’s security forces; in- Procurement, Air Force’’, $2,064,118,000, to Health Program’’, $909,297,000, of which cluding program management and the provi- remain available for obligation until Sep- $845,508,000 for operation and maintenance; of sion of equipment, supplies, services, train- tember 30, 2011. which $30,185,000, to remain available until ing, and funds; and facility and infrastruc- September 30, 2011, for procurement; and of MISSILE PROCUREMENT, AIR FORCE ture repair, renovation, and construction to which $33,604,000, to remain available until build the counterinsurgency capability of For an additional amount for ‘‘Missile Pro- September 30, 2010, for research, develop- Pakistan’s military and Frontier Corps, and curement, Air Force’’, $49,716,000, to remain ment, test and evaluation. of which up to $2,000,000 shall be available to available until September 30, 2011. DRUG INTERDICTION AND COUNTER-DRUG assist the Government of Pakistan in cre- PROCUREMENT OF AMMUNITION, AIR FORCE ACTIVITIES, DEFENSE ating a program to respond to urgent hu- For an additional amount for ‘‘Procure- (INCLUDING TRANSFER OF FUNDS) manitarian relief and reconstruction re- ment of Ammunition, Air Force’’, For an additional amount for ‘‘Drug Inter- quirements that will immediately assist $138,284,000, to remain available until Sep- diction and Counter-Drug Activities, De- Pakistani people affected by military oper- tember 30, 2011. fense’’, $123,398,000, to remain available until ations: Provided further, That the authority OTHER PROCUREMENT, AIR FORCE September 30, 2010: Provided, That these to provide assistance under this provision is funds may be used only for such activities For an additional amount for ‘‘Other Pro- in addition to any other authority to provide related to Afghanistan, Pakistan, and Cen- curement, Air Force’’, $1,910,343,000, to re- assistance to foreign nations: Provided fur- tral Asia. ther, That the Secretary of Defense may main available until September 30, 2011. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT transfer such amounts as he may determine PROCUREMENT, DEFENSE-WIDE FUND from the funds provided herein to appropria- For an additional amount for ‘‘Procure- tions for operation and maintenance; Over- For an additional amount for ‘‘Joint Im- ment, Defense-Wide’’, $237,868,000, to remain seas Humanitarian, Disaster, and Civic Aid; provised Explosive Device Defeat Fund’’, available until September 30, 2011. procurement; research, development, test $1,116,746,000, to remain available until Sep- and evaluation; and defense working capital NATIONAL GUARD AND RESERVE EQUIPMENT tember 30, 2011. funds: Provided further, That funds so trans- For an additional amount for ‘‘National OFFICE OF THE INSPECTOR GENERAL ferred shall be merged with and be available Guard and Reserve Equipment’’, $500,000,000, For an additional amount for ‘‘Office of the for the same purposes and for the same time to remain available until September 30, 2011. Inspector General’’, $9,551,000.

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5632 CONGRESSIONAL RECORD — SENATE May 19, 2009 GENERAL PROVISIONS—THIS TITLE that were designated by the Congress as an of such section is amended by inserting ‘‘the SEC. 301. Notwithstanding any other provi- emergency requirement pursuant to a Con- Commander of the United States Central sion of law, funds made available in this title current Resolution on the Budget or the Bal- Command;’’ after ‘‘the Secretary of De- are in addition to amounts appropriated or anced Budget and Emergency Deficit Control fense;’’. otherwise made available for the Depart- Act of 1985, as amended: (2) PERIOD OF REPORTS.—Such subsection is ment of Defense for fiscal year 2009. ‘‘Procurement, Marine Corps, 2007/2009’’, further amended by striking ‘‘not later than $54,400,000; 120 days after the date of the enactment of (INCLUDING TRANSFER OF FUNDS) ‘‘Other Procurement, Army, 2008/2010’’, this Act and every 90 days thereafter’’ and SEC. 302. Upon the determination of the $29,300,000; inserting ‘‘not later than 45 days after the Secretary of Defense that such action is nec- ‘‘Procurement, Marine Corps, 2008/2010’’, end of each fiscal year quarter’’. essary in the national interest, the Sec- $10,300,000; (3) FUNDS COVERED BY REPORTS.—Such sub- retary may transfer between appropriations ‘‘Research, Development, Test and Evalua- section is further amended by striking ‘‘and up to $2,500,000,000 of the funds made avail- tion, Navy, 2008/2009’’, $5,000,000; ‘Afghanistan Security Forces Fund’ ’’ and in- able to the Department of Defense in this ‘‘Research, Development, Test and Evalua- serting ‘‘, ‘Afghanistan Security Forces title: Provided, That the Secretary shall no- tion, Air Force, 2008/2009’’, $36,107,000; Fund’, and ‘Pakistan Counterinsurgency Ca- tify the Congress promptly of each transfer ‘‘Research, Development, Test and Evalua- pability Fund’ ’’. made pursuant to this authority: Provided tion, Defense-Wide, 2008/2009’’, $200,000,000; (c) NOTICE NEW PROJECTS AND TRANSFERS further, That the authority provided in this ‘‘Operation and Maintenance, Army, 2009/ OF FUNDS.—Subsection (c) of such section is section is in addition to any other transfer 2009’’, $352,359,000; amended by striking ‘‘the headings’’ and all authority available to the Department of De- ‘‘Operation and Maintenance, Navy, 2009/ fense and is subject to the same terms and 2009’’, $881,481,000; that follows and inserting ‘‘the headings as conditions as the authority provided in sec- ‘‘Operation and Maintenance, Marine follows: tion 8005 of the Department of Defense Ap- Corps, 2009/2009’’, $54,466,000; ‘‘(1) ‘Iraq Security Forces Fund’. propriations Act, 2009, (Public Law 110–116) ‘‘Operation and Maintenance, Air Force, ‘‘(2) ‘Afghanistan Security Forces Fund’. except for the fourth proviso. 2009/2009’’, $925,203,000; ‘‘(3) ‘Pakistan Counterinsurgency Capa- SEC. 303. Funds appropriated by this Act, ‘‘Operation and Maintenance, Defense- bility Fund’.’’. or made available by the transfer of funds in Wide, 2009/2009’’, $267,635,000; (d) EFFECTIVE DATE.—The amendments this Act, for intelligence activities are ‘‘Operation and Maintenance, Army Re- made by this section shall take effect on the deemed to be specifically authorized by the serve, 2009/2009’’, $23,338,000; Congress for purposes of section 504(a)(1) of date of the enactment of this Act. ‘‘Operation and Maintenance, Navy Re- the National Security Act of 1947 (50 U.S.C. SEC. 313. (a) Section 1174(h)(1) of title 10, serve, 2009/2009’’, $62,910,000; 414(a)(1)). ‘‘Operation and Maintenance, Marine Corps United States Code, is amended to read as SEC. 304. During fiscal year 2009 and from Reserve, 2009/2009’’, $1,250,000; follows: funds in the ‘‘Defense Cooperation Account’’, ‘‘Operation and Maintenance, Air Force ‘‘(1) A member who has received separation as established by 10 U.S.C. 2608, the Sec- Reserve, 2009/2009’’, $163,786,000; pay under this section, or separation pay, retary of Defense may transfer not to exceed ‘‘Operation and Maintenance, Army Na- severance pay, or readjustment pay under $6,500,000 to such appropriations or funds of tional Guard, 2009/2009’’, $57,819,000; any other provision of law, based on service the Department of Defense as the Secretary ‘‘Operation and Maintenance, Air National in the armed forces, and who later qualifies shall determine for use consistent with the Guard, 2009/2009’’, $250,645,000; for retired or retainer pay under this title or purposes for which such funds were contrib- ‘‘Aircraft Procurement, Army, 2009/2011’’, title 14 shall have deducted from each pay- uted and accepted: Provided, That such $11,500,000; ment of such retired or retainer pay an amounts shall be available for the same time ‘‘Procurement of Ammunition, Army, 2009/ amount, in such schedule of monthly install- period as the appropriation to which trans- 2011’’, $107,100,000; ments as the Secretary of Defense shall ferred: Provided further, That the Secretary ‘‘Other Procurement, Army, 2009/2011’’, specify, taking into account the financial shall report to the Congress all transfers $195,000,000; ability of the member to pay and avoiding made pursuant to this authority. ‘‘Procurement, Marine Corps, 2009/2011’’, the imposition of undue financial hardship SEC. 305. Supervision and administration $10,300,000; on the member and member’s dependents, costs associated with a construction project ‘‘Procurement, Defense-Wide, 2009/2011’’, until the total amount deducted is equal to funded with appropriations available for op- $6,400,000; the total amount of separation pay, sever- eration and maintenance or ‘‘Afghanistan ‘‘Research, Development, Test and Evalua- ance pay, and readjustment pay so paid.’’. Security Forces Fund’’ provided in this title, tion, Army, 2009/2010’’, $202,710,000; and executed in direct support of the over- (b) Section 1175(e)(3)(A) of title 10, United ‘‘Research, Development, Test and Evalua- seas contingency operations in Iraq and Af- States Code, is amended to read as follows: tion, Navy, 2009/2010’’, $270,260,000; and ghanistan, may be obligated at the time a ‘‘(3)(A) A member who has received the vol- ‘‘Research, Development, Test and Evalua- construction contract is awarded: Provided, untary separation incentive and who later tion, Air Force, 2009/2010’’, $392,567,000. That for the purpose of this section, super- qualifies for retired or retainer pay under SEC. 309. None of the funds appropriated or vision and administration costs include all this title shall have deducted from each pay- otherwise made available by this title may ment of such retired or retainer pay an in-house Government costs. be obligated or expended to provide award SEC. 306. Funds made available in this title amount, in such schedule of monthly install- fees to any defense contractor contrary to to the Department of Defense for operation ments as the Secretary of Defense shall the provisions of section 814 of the National and maintenance may be used to purchase specify, taking into account the financial Defense Authorization Act, Fiscal Year 2007 ability of the member to pay and avoiding items having an investment unit cost of not (Public Law 109–364). more than $250,000: Provided, That upon de- the imposition of undue financial hardship SEC. 310. None of the funds provided in this on the member and member’s dependents, termination by the Secretary of Defense that title may be used to finance programs or ac- such action is necessary to meet the oper- until the total amount deducted is equal to tivities denied by Congress in fiscal years the total amount of separation pay, sever- ational requirements of a Commander of a 2008 or 2009 appropriations to the Depart- Combatant Command engaged in contin- ance pay, and readjustment pay so paid. If ment of Defense or to initiate a procurement the member elected to have a reduction in gency operations overseas, such funds may or research, development, test and evalua- be used to purchase items having an invest- voluntary separation incentive for any pe- tion new start program without prior writ- riod pursuant to paragraph (2), the deduction ment item unit cost of not more than ten notification to the congressional defense $500,000: Provided further, That the Secretary required under the preceding sentence shall committees. be reduced as the Secretary of Defense shall shall report to the Congress all purchases SEC. 311. None of the funds appropriated or specify.’’. made pursuant to this authority within 30 otherwise made available by this or any days of using the authority. other Act shall be obligated or expended by (c) EFFECTIVE DATE.—The amendments SEC. 307. From funds made available in this the United States Government for the pur- made by this section shall apply to any re- title, the Secretary of Defense may purchase pose of establishing any military installa- payments of separation pay, severance pay, motor vehicles for use by military and civil- tion or base for the purpose of providing for readjustment pay, special separation benefit, ian employees of the Department of Defense the permanent stationing of United States or voluntary separation incentive, that in Iraq and Afghanistan, up to a limit of Armed Forces in Afghanistan. occur on or after the date of enactment, in- $75,000 per vehicle, notwithstanding other SEC. 312. (a) REPEAL OF SECRETARY OF DE- cluding any ongoing repayment actions that limitations applicable to passenger carrying FENSE REPORTS ON TRANSITION READINESS OF were initiated prior to this amendment. motor vehicles. IRAQ AND AFGHAN SECURITY FORCES.—Sub- SEC. 308. Of the funds appropriated in De- section (a) of section 9205 of Public Law 110– SEC. 314. Each amount in this title is des- partment of Defense Appropriations Acts, 252 (122 Stat. 2412) is repealed. ignated as being for overseas deployments the following funds are hereby rescinded (b) MODIFICATION OF REPORTS ON USE OF and other activities pursuant to sections from the following accounts and programs in CERTAIN SECURITY FORCES FUNDS.— 401(c)(4) and 423(a) of S. Con. Res. 13 (111th the specified amounts: Provided, That none of (1) PREPARATION IN CONSULTATION WITH Congress), the concurrent resolution on the the amounts may be rescinded from amounts COMMANDER OF CENTCOM.—Subsection (b)(1) budget for fiscal year 2010.

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5633 TITLE IV tainable capability to analyze nuclear and (B) by redesignating paragraphs (17) DEPARTMENT OF DEFENSE—CIVIL biological weapons intelligence: Provided, through (29) as paragraphs (15) through (27), DEPARTMENT OF THE ARMY That the Director of National Intelligence respectively. shall provide a written report to the Senate (b) EFFECTIVE DATE.—The amendments CORPS OF ENGINEERS—CIVIL Appropriations Committee, the Senate made by subsection (a) shall take effect as if OPERATION AND MAINTENANCE Armed Services Committee and the Senate included in the Water Resources Develop- For an additional amount for ‘‘Operation Select Committee on Intelligence within 90 ment Act of 2007 (Public Law 110–114; 121 and Maintenance’’ to dredge navigation days of enactment on how the National Nu- Stat. 1041) channels and repair damage to Corps clear Security Administration will invest CORPS OF ENGINEERS REPROGRAMMING projects nationwide related to natural disas- these resources in technical and core analyt- AUTHORITY ters, $38,375,000, to remain available until ex- ical capabilities: Provided further, That the SEC. 404. Unlimited reprogramming author- pended: Provided, That the Assistant Sec- amount under this heading is designated as being for overseas deployments and other ac- ity is granted to the Secretary of the Army retary of the Army for Civil Works shall pro- for funds provided in title IV—Energy and vide a monthly report to the Committees on tivities pursuant to sections 401(c)(4) and 423(a) of S. Con. Res. 13 (111th Congress), the Water Development of Public Law 111–5 Appropriations of the House of Representa- under the heading ‘‘Department of Defense— tives and the Senate detailing the allocation concurrent resolution on the budget for fis- cal year 2010. Civil, Department of the Army, Corps of En- and obligation of these funds, beginning not gineers—Civil’’. later than 60 days after enactment of this DEFENSE NUCLEAR NONPROLIFERATION BUREAU OF RECLAMATION REPROGRAMMING Act: Provided further, That the amount under For an additional amount for ‘‘Defense Nu- AUTHORITY this heading is designated as an emergency clear Nonproliferation’’ in the National Nu- requirement and necessary to meet emer- clear Security Administration, $55,000,000, to SEC. 405. Unlimited reprogramming author- gency needs pursuant to sections 403(a) and remain available until expended, for the ity is granted to the Secretary of the Inte- 423(b) of S. Con. Res. 13 (111th Congress), the International Nuclear Materials Protection rior for funds provided in title IV—Energy concurrent resolution on the budget for fis- and Cooperation Program to counter emerg- and Water Development of Public Law 111–5 cal year 2010. ing threats at nuclear facilities in Russia under the heading ‘‘Bureau of Reclamation, FLOOD CONTROL AND COASTAL EMERGENCIES and other countries of concern through de- Water and Related Resources’’. For an additional amount for ‘‘Flood Con- tecting and deterring insider threats through COST ANALYSIS OF TRITIUM PROGRAM CHANGES trol and Coastal Emergencies’’, as authorized security upgrades: Provided, That the SEC. 406. No funds in this Act, or other pre- by section 5 of the Act of August 18, 1941 (33 amount under this heading is designated as vious Acts, shall be provided to fund activi- U.S.C. 701n), for necessary expenses relating being for overseas deployments and other ac- ties related to the mission relocation of ei- to the consequences of natural disasters as tivities pursuant to sections 401(c)(4) and ther the design authority for the gas transfer authorized by law, $804,290,000, to remain 423(a) of S. Con. Res. 13 (111th Congress), the systems or tritium research and develop- available until expended: Provided, That the concurrent resolution on the budget for fis- ment facilities during the current fiscal year Secretary of the Army is directed to use cal year 2010. and until the Department can provide the $315,290,000 of the funds appropriated under GENERAL PROVISIONS—THIS TITLE Senate Appropriations Committee an inde- this heading to support emergency oper- LIMITED TRANSFER AUTHORITY pendent technical mission review and cost ations, repair eligible projects nationwide, SEC. 401. Section 403 of title IV of division analysis by the JASON’s as proposed in the and for other activities in response to nat- A of the American Recovery and Reinvest- Complex Transformation Site-Wide Pro- ural disasters: Provided further, That the Sec- ment Act of 2009 (Public Law 111–5) is amend- grammatic Environmental Impact State- retary of the Army is directed to use ed by striking all of the text and inserting ment. $489,000,000 of the amount provided under the following: CORPS OF ENGINEERS PROJECT COST CEILING this heading for barrier island restoration ‘‘SEC. 403. LIMITED TRANSFER AUTHORITY. INCREASE and ecosystem restoration to restore historic ‘‘The Secretary of Energy may transfer up SEC. 407. The project for ecosystem res- levels of storm damage reduction to the Mis- to 0.5 percent from each amount appro- toration, Upper Newport Bay, California, au- sissippi Gulf Coast: Provided further, That priated to the Department of Energy in this thorized by section 101(b)(9) of the Water Re- this work shall be carried out at full Federal title to any other appropriate account with- sources Development Act of 2000 (114 Stat. expense: Provided further, That the Assistant in the Department of Energy, to be used for 2577), is modified to authorize the Secretary Secretary of the Army for Civil Works shall management and oversight activities: Pro- to construct the project at a total cost of provide a monthly report to the Committees vided, That the Secretary shall provide a re- $50,659,000, with an estimated Federal cost of on Appropriations of the House of Represent- port to the Committees on Appropriations of $32,928,000 and a non-Federal cost of atives and the Senate detailing the alloca- the House of Representatives and the Senate $17,731,000. tion and obligation of these funds, beginning 15 days prior to any transfer: Provided fur- SEC. 408. None of the funds provided in the not later than 60 days after enactment of ther, That any funds so transferred under matter under the heading entitled ‘‘Depart- this Act: Provided further, That the amount this section shall remain available for obli- ment of Defense—Civil’’ in this Act, or pro- under this heading is designated as an emer- gation until September 30, 2012.’’. vided by previous appropriations Acts under gency requirement and necessary to meet WAIVER OF FEDERAL EMPLOYMENT the heading entitled ‘‘Department of De- emergency needs pursuant to sections 403(a) REQUIREMENTS fense—Civil’’ may be used to deconstruct any and 423(b) of S. Con. Res. 13 (111th Congress), SEC. 402. Section 4601(c)(1) of the Atomic work (including any partially completed the concurrent resolution on the budget for Energy Defense Act (50 U.S.C. 2701(c)(1)) is work) completed under the Mississippi River fiscal year 2010. amended by striking ‘‘September 30, 2008’’ and Tributaries Project authorized by the DEPARTMENT OF ENERGY and inserting ‘‘September 30, 2009’’. Act of May 15, 1928 (45 2 Stat. 534; 100 Stat. ENERGY PROGRAMS CORPS OF ENGINEERS TECHNICAL FIX 4183), during fiscal year 2009, 2010, and 2011. STRATEGIC PETROLEUM RESERVE SEC. 403. (a) IN GENERAL.—Section 3181 of TITLE 17 INNOVATIVE TECHNOLOGY LOAN (TRANSFER OF FUNDS) the Water Resources Development Act of GUARANTEE PROGRAM For an additional amount for the ‘‘Stra- 2007 (Public Law 110–114; 121 Stat. 1158) is SEC. 409. The matter under the heading tegic Petroleum Reserve’’ account, amended— ‘‘Title 17 Innovative Technology Loan Guar- $21,585,723, to remain available until ex- (1) in subsection (a)— antee Program’’of title III of division C of pended, to be derived by transfer from the (A) by redesignating paragraphs (4) the Omnibus Appropriations Act, 2009 (Pub- ‘‘SPR Petroleum Account’’ for site mainte- through (11) as paragraphs (5), (6), (8), (9), lic Law 111–8; 123 Stat. 619) is amended in the nance activities: Provided, That the amount (10), (11), (12), and (13), respectively; ninth proviso— under this heading is designated as an emer- (B) by inserting after paragraph (3) the fol- (1) by striking ‘‘or (d)’’ and inserting ‘‘(d)’’; gency requirement and necessary to meet lowing: and emergency needs pursuant to sections 403(a) ‘‘(4) NORTHEAST HARBOR, MAINE.—The (2) by striking ‘‘the guarantee’’ and insert- and 423(b) of S. Con. Res. 13 (111th Congress), project for navigation, Northeast Harbor, ing ‘‘the guarantee; (e) contracts, leases or the concurrent resolution on the budget for Maine, authorized by section 2 of the Act of other agreements entered into prior to May fiscal year 2010. March 2, 1945 (59 Stat. 12).’’; and 1, 2009 for front-end nuclear fuel cycle NATIONAL NUCLEAR SECURITY (C) by inserting after paragraph (6) (as re- projects, where such project licenses tech- ADMINISTRATION designated by subparagraph (A)) the fol- nology from the Department of Energy, and lowing: pays royalties to the federal government for WEAPONS ACTIVITIES ‘‘(7) TENANTS HARBOR, MAINE.—The project such license and the amount of such royal- (TRANSFER OF FUNDS) for navigation, Tenants Harbor, Maine, au- ties will exceed the amount of federal spend- For an additional amount for ‘‘Weapons thorized by the first section of the Act of ing, if any, under such contracts, leases or Activities’’, $34,500,000, to remain available March 2, 1919 (40 Stat. 1275).’’; and agreements; or (f) grants or cooperative until expended, to be divided among the (2) in subsection (h)— agreements, to the extent that obligations of three national security laboratories of Liver- (A) by striking paragraphs (15) and (16); such grants or cooperative agreements have more, Sandia and Los Alamos to fund a sus- and been recorded in accordance with section

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5634 CONGRESSIONAL RECORD — SENATE May 19, 2009 1501(a)(5) of title 31, United States Code, on dent, Global Health and Child Survival’’, to veloping a national broadband plan pursuant or before May 1, 2009’’. support programs of the United States Agen- to title VI of division B of the American Re- TITLE V cy for International Development: Provided, covery and Reinvestment Act of 2009 (Public That such transfers shall be made not more Law 111–5) and for carrying out any other re- DEPARTMENT OF THE TREASURY than 10 days after the date of enactment of sponsibility pursuant to that title:’’. DEPARTMENTAL OFFICES this Act: Provided further, That none of the TITLE VI SALARIES AND EXPENSES funds provided under this heading shall be DEPARTMENT OF HOMELAND SECURITY available for obligation until 15 days fol- (INCLUDING TRANSFER OF FUNDS) U.S. CUSTOMS AND BORDER PROTECTION lowing the submittal of a detailed spending For an additional amount for ‘‘Depart- plan by each Department receiving funds to SALARIES AND EXPENSES mental Offices, Salaries and Expenses’’, the Committees on Appropriations of the For an additional amount for ‘‘Salaries $4,000,000, to remain available until Decem- House of Representatives and the Senate: and Expenses’’, $46,200,000, to remain avail- ber 31, 2010: Provided, That, not later than 10 Provided further, That the transfer authority able until September 30, 2010, of which days following enactment of this Act, the provided under this heading is in addition to $6,200,000 shall be for the care, treatment, Secretary of the Treasury shall transfer any other transfer authority available in and transportation of unaccompanied alien funds provided under this heading to an ac- this or any other Act: Provided further, That children; and of which $40,000,000 shall be for count to be designated for the necessary ex- the amount under this heading is designated response to border security issues on the penses of the Financial Crisis Inquiry Com- as an emergency requirement and necessary Southwest border of the United States. mission established pursuant to section 5 of to meet emergency needs pursuant to sec- AIR AND MARINE INTERDICTION, OPERATIONS, the Fraud Enforcement and Recovery Act of tions 403(a) and 423(b) of S. Con. Res. 13 MAINTENANCE, AND PROCUREMENT 2009: Provided further, That the amount under (111th Congress), the concurrent resolution this heading is designated as an emergency For an additional amount for ‘‘Salaries on the budget for fiscal year 2010. requirement and necessary to meet emer- and Expenses’’, $5,000,000, to remain avail- gency needs pursuant to sections 403(a) and THE JUDICIARY able until September 30, 2010, for response to 423(b) of S. Con. Res. 13 (111th Congress), the COURTS OF APPEALS, DISTRICT COURTS, AND border security issues on the Southwest bor- concurrent resolution on the budget for fis- OTHER JUDICIAL SERVICES der of the United States. cal year 2010. SALARIES AND EXPENSES U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT EXECUTIVE OFFICE OF THE PRESIDENT (INCLUDING TRANSFER OF FUNDS) SALARIES AND EXPENSES AND FUNDS APPROPRIATED TO THE For an additional amount for ‘‘Salaries PRESIDENT and Expenses’’, $10,000,000, to remain avail- For an additional amount for ‘‘Salaries NATIONAL SECURITY COUNCIL able until September 30, 2010: Provided, That and Expenses’’, $66,800,000, to remain avail- able until September 30, 2010, of which SALARIES AND EXPENSES notwithstanding section 302 of division D of Public Law 111–8, funding shall be available $11,800,000 shall be for the care, treatment, For an additional amount for ‘‘Salaries and transportation of unaccompanied alien and Expenses’’, $2,936,000, of which $800,000 for transfer between Judiciary accounts to meet increased workload requirements re- children; and of which $55,000,000 shall be for shall remain available until expended and response to border security issues on the $2,136,000 shall remain available until Sep- sulting from immigration and other law en- forcement initiatives on the Southwest bor- Southwest border of the United States. tember 30, 2010: Provided, That the amount COAST GUARD under this heading is designated as being for der: Provided further, That the amount under overseas deployments and other activities this heading is designated as being for over- OPERATING EXPENSES pursuant to sections 401(c)(4) and 423(a) of S. seas deployments and other activities pursu- For an additional amount for ‘‘Operating Con. Res. 13 (111th Congress), the concurrent ant to sections 401(c)(4) and 423(a) of S. Con. Expenses’’, $139,503,000; of which $129,503,000 resolution on the budget for fiscal year 2010. Res. 13 (111th Congress), the concurrent reso- shall be for Coast Guard operations in sup- lution on the budget for fiscal year 2010. port of Operation Iraqi Freedom and Oper- PANDEMIC PREPAREDNESS AND RESPONSE INDEPENDENT AGENCIES ation Enduring Freedom; and of which (INCLUDING TRANSFERS OF FUNDS) SECURITIES AND EXCHANGE COMMISSION $10,000,000 shall be available until September For an amount to be deposited into an ac- 30, 2010, for High Endurance Cutter mainte- SALARIES AND EXPENSES count for ‘‘Pandemic Preparedness and Re- nance, major repairs, and improvements. For an additional amount for necessary ex- sponse’’ to be established within the Execu- FEDERAL EMERGENCY MANAGEMENT AGENCY tive Office of the President for expenses to penses for the Securities and Exchange Com- STATE AND LOCAL PROGRAMS prepare for and respond to a potential pan- mission, $10,000,000, to remain available until For an additional amount for ‘‘State and demic disease outbreak and to assist inter- September 30, 2010, for investigation of secu- Local Programs’’, $30,000,000 shall be for Op- national efforts to control the spread of such rities fraud: Provided, That the amount eration Stonegarden. an outbreak, including for the 2009–H1N1 in- under this heading is designated as an emer- fluenza outbreak, $1,500,000,000, to remain gency requirement and necessary to meet GENERAL PROVISIONS—THIS TITLE available until September 30, 2010, and to be emergency needs pursuant to sections 403(a) (INCLUDING RESCISSION) and 423(b) of S. Con. Res. 13 (111th Congress), transferred by the Director of the Office of SEC. 601. (a) RESCISSION.—Of amounts pre- the concurrent resolution on the budget for Management and Budget as follows: viously made available from ‘‘Federal Emer- fiscal year 2010. $900,000,000 shall be transferred to and gency Management Agency, Disaster Relief’’ merged with funds made available under the GENERAL PROVISIONS—THIS TITLE to the State of Mississippi pursuant to sec- heading ‘‘Department of Health and Human SEC. 501. (a) IN GENERAL.—Section tion 404 of the Robert T. Stafford Disaster Services, Public Health and Social Services 3(c)(2)(A) of Public Law 110–428 is amended— Relief and Emergency Assistance Act (42 Emergency Fund’’ for allocation by the Sec- (1) in the matter before clause (i), by strik- U.S.C. 5170c) for Hurricane Katrina, an addi- retary; $190,000,000 shall be transferred to and ing ‘‘4-year’’ and inserting ‘‘5-year’’; and tional $100,000,000 are rescinded. merged with funds made available for the (2) in clause (i), by striking ‘‘1-year’’ and (b) APPROPRIATION.—For ‘‘Federal Emer- United States Department of Homeland Se- inserting ‘‘2-year’’. gency Management Agency, State and Local curity under the heading ‘‘Departmental (b) EFFECTIVE DATE.—The amendments Programs’’, there is appropriated an addi- Management and Operations, Office of the made by subsection (a) shall take effect as if tional $100,000,000, to remain available until Secretary and Executive Management’’ for included in the enactment of Public Law 110– expended, for a grant to the State of Mis- allocation by the Secretary; $100,000,000 shall 428. sissippi for an interoperable communications be transferred to and merged with funds SEC. 502. The fourth proviso under the system required in the aftermath of Hurri- made available for the United States Depart- heading ‘‘District of Columbia Funds’’ of cane Katrina: Provided, That the amount ment of Agriculture under the heading ‘‘Ag- title IV of division D of the Omnibus Appro- under this heading is designated as an emer- ricultural Programs, Production, Processing priations Act, 2009 (Public Law 111–8; 123 gency requirement and necessary to meet and Marketing, Office of the Secretary’’ for Stat. 655) is amended by striking ‘‘and such emergency needs pursuant to sections 403(a) allocation by the Secretary; $50,000,000 shall title’’ and inserting ‘‘, as amended by laws and 423(b) of S. Con. Res. 13 (111th Congress), be transferred to and merged with funds enacted pursuant to section 442(c) of the the concurrent resolution on the budget for made available under the heading ‘‘Depart- Home Rule Act of the District of Columbia fiscal year 2010. ment of Health and Human Services, Food Home Rule Act of 1973, approved December SEC. 602. The Department of Homeland Se- and Drug Administration, Salaries and Ex- 24, 1973 (87 Stat. 798), and such title, as curity Appropriations Act, 2009 (Public Law penses’’; $110,000,000 shall be transferred to amended,’’. 110–329) is amended under the heading ‘‘Fed- and merged with funds made available under SEC. 503. Title V of division D of the Omni- eral Emergency Management Agency, Man- the heading ‘‘Department of Veterans Af- bus Appropriations Act, 2009 (Public Law 111– agement and Administration’’ after ‘‘the fairs, Veterans Health Administration, Med- 8) is amended under the heading ‘‘Federal Robert T. Stafford Disaster Relief and Emer- ical Services’’; and $150,000,000 shall be trans- Communications Commission’’ by striking gency Assistance Act (42 U.S.C. 5121 et ferred to and merged with funds made avail- the first proviso and inserting the following: seq.),’’ by adding ‘‘Cerro Grande Fire Assist- able under the heading ‘‘Bilateral Economic ‘‘Provided, That of the funds provided, not ance Act of 2000 (division C, title I, 114 Stat. Assistance, Funds Appropriated to the Presi- less than $3,000,000 shall be available for de- 583),’’.

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SEC. 603. Notwithstanding any provision fire suppression activities: Provided further, (e) The Secretary shall notify the Commit- under (a)(1)(A) of 15 U.S.C. 2229a specifying That the amount under this heading is des- tees on Appropriations of both Houses of that grants must be used to increase the ignated as an emergency requirement and Congress of any transfer pursuant to this number of fire fighters in fire departments, necessary to meet emergency needs pursuant section. the Secretary of Homeland Security may, in to sections 403(a) and 423(b) of S. Con. Res. 13 TITLE IX making grants described under 15 U.S.C. (111th Congress), the concurrent resolution LEGISLATIVE BRANCH 2229a for fiscal year 2009 or 2010, grant waiv- on the budget for fiscal year 2010. CAPITOL POLICE ers from the requirements of subsection GENERAL PROVISIONS—THIS TITLE ENERAL EXPENSES (a)(1)(B), subsection (c)(1), subsection (c)(2), G SEC. 701. Public Law 111–8, division E, title For an additional amount for ‘‘Capitol Po- and subsection (c)(4)(A), and may award III, Department of Health and Human Serv- grants for the hiring, rehiring, or retention lice, General Expenses’’, $71,606,000, to pur- ices, Agency for Toxic Substances and Dis- chase and install a new radio system for the of firefighters. ease Registry, Toxic Substances and Envi- EC. 604. The Administrator of the Federal U.S. Capitol Police, to remain available S ronmental Public Health is amended by in- Emergency Management Agency shall ex- until September 30, 2012: Provided, That the serting ‘‘per eligible employee’’ after tend through March 2010 reimbursement of Chief of the Capitol Police may not obligate ‘‘$1,000’’. case management activities conducted by any of the funds appropriated under this SEC. 702. (a) Section 1606 of division A, title the State of Mississippi under the Disaster heading without approval of an obligation XVI of Public Law 111–5 shall not be applied plan by the Committees on Appropriations of Housing Assistance Program to individuals to projects carried out by youth conserva- in the program on April 30, 2009. the Senate and the House of Representatives. tion organizations under agreement with the CONGRESSIONAL BUDGET OFFICE SEC. 605. Section 552 of division E of the Department of the Interior or the Forest SALARIES AND EXPENSES Consolidated Appropriations Act, 2008 (Pub- Service for which funds were provided in lic Law 110–161) is amended by striking title VII. For an additional amount for ‘‘Salaries ‘‘local educational agencies’’ and inserting (b) For purposes of this provision, the term and Expenses’’, $2,000,000, to remain avail- ‘‘primary or secondary school sites’’ and by ‘‘youth conservation organizations’’ means able until September 30, 2010. inserting ‘‘and section 406(c)(2)’’ after ‘‘sec- not-for-profit organizations that provide GENERAL PROVISION—THIS TITLE tion 406(c)(1)’’. conservation service learning opportunities SEC. 901. The amount available to the Com- SEC. 606. (a) IN GENERAL.—Each amount in for youth 16 to 25 years of age. mittee on the Judiciary for expenses, includ- this title is designated as being for overseas ing salaries, under section 13(b) of Senate deployments and other activities pursuant to TITLE VIII DEPARTMENT OF HEALTH AND HUMAN Resolution 73, agreed to March 10, 2009, is in- sections 401(c)(4) and 423(a) of S. Con. Res. 13 creased by $500,000. (111th Congress), the concurrent resolution SERVICES TITLE X on the budget for fiscal year 2010. ADMINISTRATION FOR CHILDREN AND FAMILIES MILITARY CONSTRUCTION (b) EXCEPTION.—Subsection (a) shall not REFUGEE AND ENTRANT ASSISTANCE apply to any amount under section 601 of MILITARY CONSTRUCTION, ARMY For an additional amount for ‘‘Refugee and this title. Entrant Assistance’’ for necessary expenses (INCLUDING RESCISSION) TITLE VII for unaccompanied alien children as author- For an additional amount for ‘‘Military DEPARTMENT OF THE INTERIOR ized by section 462 of the Homeland Security Construction, Army’’, $1,229,731,000, to re- main available until September 30, 2013: Pro- DEPARTMENT-WIDE PROGRAMS Act of 2002 and section 235 of the William Wilberforce Trafficking Victims Protection vided, That notwithstanding any other provi- WILDLAND FIRE MANAGEMENT Reauthorization Act of 2008, $82,000,000, to re- sion of law, such funds may be obligated and (INCLUDING TRANSFER OF FUNDS) main available through September 30, 2011: expended to carry out planning and design For an additional amount to cover nec- Provided, That the amount under this head- and military construction projects not oth- essary expenses for wildfire suppression and ing is designated as being for overseas de- erwise authorized by law: Provided further, emergency rehabilitation activities of the ployments and other activities pursuant to That none of the funds provided under this Department of the Interior, $50,000,000, to re- sections 401(c)(4) and 423(a) of S. Con. Res. 13 heading for military construction projects in main available until expended: Provided, (111th Congress), the concurrent resolution Afghanistan shall be obligated or expended That such funds shall only become available on the budget for fiscal year 2010. until the Secretary of Defense certifies to the Committees on Appropriations of both if funds provided previously for wildland fire GENERAL PROVISIONS—THIS TITLE suppression will be exhausted imminently Houses of Congress that a prefinancing state- and after the Secretary of the Interior noti- (TRANSFER OF FUNDS) ment for each project has been submitted to fies the Committees on Appropriations of the SEC. 801. Section 801(a) of division A of the North Atlantic Treaty Organization House of Representatives and the Senate in Public Law 111–5 is amended by inserting ‘‘, (NATO) for consideration of funding by the writing of the need for these additional and may be transferred by the Department of NATO Security Investment Program. funds: Provided further, That the Secretary of Labor to any other account within the De- For an additional amount for ‘‘Military the Interior may transfer any of these funds partment for such purposes’’ before the end Construction, Army’’, $49,000,000, to remain to the Secretary of Agriculture if the trans- period. available until September 30, 2013: Provided, That notwithstanding any other provision of fer enhances the efficiency or effectiveness (INCLUDING TRANSFER OF FUNDS) law, such funds may be obligated and ex- of Federal wildland fire suppression activi- SEC. 802. (a) Notwithstanding any other pended to carry out planning and design and ties: Provided further, That the amount under provision of law, during the period from Sep- military construction projects not otherwise this heading is designated as an emergency tember 1 through September 30, 2009, the authorized by law: Provided further, That the requirement and necessary to meet emer- Secretary of Education shall transfer to the preceding amount in this paragraph is des- gency needs pursuant to sections 403(a) and Career, Technical, and Adult Education ac- ignated as an emergency requirement and 423(b) of S. Con. Res. 13 (111th Congress), the count an amount not to exceed $17,678,270 necessary to meet emergency needs pursuant concurrent resolution on the budget for fis- from amounts that would otherwise lapse at to sections 403(a) and 423(b) of S. Con. Res. 13 cal year 2010. the end of fiscal year 2009 and that were (111th Congress), the concurrent resolution DEPARTMENT OF AGRICULTURE originally made available under the Depart- on the budget for fiscal year 2010: Provided FOREST SERVICE ment of Education Appropriations Act, 2009 further, That of the funds appropriated for or any Department of Education Appropria- WILDLAND FIRE MANAGEMENT ‘‘Military Construction, Army’’ under Public tions Act for a previous fiscal year. Law 110–252, $49,000,000 are hereby rescinded. (INCLUDING TRANSFER OF FUNDS) (b) Funds transferred under this section to MILITARY CONSTRUCTION, NAVY AND MARINE For an additional amount to cover nec- the Career, Technical, and Adult Education CORPS essary expenses for wildfire suppression and account shall be obligated by September 30, emergency rehabilitation activities of the 2009. For an additional amount for ‘‘Military Forest Service, $200,000,000, to remain avail- (c) Any amounts transferred pursuant to Construction, Navy and Marine Corps’’, able until expended: Provided, That such this section shall be for carrying out Adult $243,083,000, to remain available until Sep- funds shall only become available if funds Education State Grants, and shall be allo- tember 30, 2013: Provided, That notwith- provided previously for wildland fire suppres- cated, notwithstanding any other provision standing any other provision of law, such sion will be exhausted imminently and after of law, only to those States that received funds may be obligated and expended to the Secretary of Agriculture notifies the funds under that program for fiscal year 2009 carry out planning and design and military Committees on Appropriations of the House that were at least 9.9 percent less than those construction projects not otherwise author- of Representatives and the Senate in writing States received under that program for fiscal ized by law. of the need for these additional funds: Pro- year 2008. MILITARY CONSTRUCTION, AIR FORCE vided further, That the Secretary of Agri- (d) The Secretary shall use these addi- For an additional amount for ‘‘Military culture may transfer not more than tional funds to increase those States’ alloca- Construction, Air Force’’, $265,470,000, to re- $50,000,000 of these funds to the Secretary of tions under that program up to the amount main available until September 30, 2013: Pro- the Interior if the transfer enhances the effi- they received under that program for fiscal vided, That notwithstanding any other provi- ciency or effectiveness of Federal wildland year 2008. sion of law, such funds may be obligated and

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expended to carry out planning and design which $117,983,000 is for World Wide Security CAPITAL INVESTMENT FUND and military construction projects not oth- Protection and shall remain available until For an additional amount for ‘‘Capital In- erwise authorized by law: Provided further, expended: Provided, That the Secretary of vestment Fund’’, $48,500,000, to remain avail- That none of the funds provided under this State may transfer up to $135,629,000 of the able until expended. heading for military construction projects in total funds made available under this head- OFFICE OF INSPECTOR GENERAL Afghanistan shall be obligated or expended ing to any other appropriation of any depart- until the Secretary of Defense certifies to ment or agency of the United States, upon For an additional amount for ‘‘Office of In- the Committees on Appropriations of both the concurrence of the head of such depart- spector General’’, $3,500,000, to remain avail- Houses of Congress that a prefinancing state- ment or agency, to support operations in and able until September 30, 2010, for oversight of ment for each project has been submitted to assistance for Afghanistan and to carry out programs in Afghanistan and Pakistan. the North Atlantic Treaty Organization the provisions of the Foreign Assistance Act BILATERAL ECONOMIC ASSISTANCE of 1961: Provided further, That of the funds ap- (NATO) for consideration of funding by the FUNDS APPROPRIATED TO THE PRESIDENT NATO Security Investment Program. propriated under this heading, not more than $10,000,000 for public diplomacy activities GLOBAL HEALTH AND CHILD SURVIVAL MILITARY CONSTRUCTION, DEFENSE-WIDE may be transferred to, and merged with, For an additional amount for ‘‘Global For an additional amount for ‘‘Military funds made available under the heading Health and Child Survival’’, $50,000,000, to re- Construction, Defense-Wide’’, $181,500,000, to ‘‘International Broadcasting Operations’’ for main available until September 30, 2010, not- remain available until September 30, 2013: broadcasting activities to the Pakistan-Af- withstanding any other provision of law, ex- Provided, That notwithstanding any other ghanistan border region: Provided further, cept for the United States Leadership provision of law, such funds may be obli- That of the funds appropriated under this Against HIV/AIDS, Tuberculosis and Malaria gated and expended to carry out planning heading, $57,000,000 shall be made available Act of 2003 (Public Law 108–25), for a United and design and military construction for aircraft acquisition, maintenance, oper- States contribution to the Global Fund to projects not otherwise authorized by law: ations and leases in Afghanistan for the De- Fight AIDS, Tuberculosis and Malaria. Provided further, That $1,781,500,000 is hereby partment of State and the United States DEVELOPMENT ASSISTANCE authorized for fiscal years 2009 through 2013 Agency for International Development for the purposes of this appropriation. (USAID), and the uses and oversight of such For an additional amount for ‘‘Develop- aircraft shall be the responsibility of the ment Assistance’’, $38,000,000, to remain NORTH ATLANTIC TREATY ORGANIZATION available until September 30, 2010, for assist- SECURITY INVESTMENT PROGRAM United States Chief of Mission in Afghani- stan: Provided further, That of the funds ance for Kenya. For an additional amount for ‘‘North At- made available pursuant to the previous pro- INTERNATIONAL DISASTER ASSISTANCE lantic Treaty Organization Security Invest- viso, $40,000,000 shall be transferred to, and For an additional amount for ‘‘Inter- ment Program’’, $100,000,000, to remain avail- merged with, funds made available under the able until expended: Provided, That notwith- national Disaster Assistance’’, $245,000,000, to heading ‘‘United States Agency for Inter- remain available until expended. standing any other provision of law, such national Development, Funds Appropriated funds are authorized for the North Atlantic to the President, Operating Expenses’’ for ECONOMIC SUPPORT FUND Treaty Security Investment Program for the purpose of USAID’s air services: Provided (INCLUDING TRANSFER OF FUNDS) purposes of section 2806 of title 10, United further, That such aircraft utilized by USAID For an additional amount for ‘‘Economic States Code, and section 2502 of the Military may be used to transport Federal and non- Support Fund’’, $2,828,000,000, to remain Construction Authorization Act for Fiscal Federal personnel supporting USAID pro- available until September 30, 2010: Provided, Year 2009 (division B of Public Law 110–417). grams and activities: Provided further, That That of the funds appropriated under this DEPARTMENT OF DEFENSE BASE CLOSURE official travel of other agencies for other heading, not less than $866,000,000 may be ACCOUNT 2005 purposes may be supported on a reimburs- made available for assistance for Afghani- For deposit into the Department of De- able basis, or without reimbursement when stan, of which not less than $100,000,000 shall traveling on a space available basis. fense Base Closure Account 2005, established be made available to support programs that by section 2906A(a)(1) of the Defense Base OFFICE OF INSPECTOR GENERAL directly address the needs of Afghan women Closure and Realignment Act of 1990 (10 (INCLUDING TRANSFER OF FUNDS) and girls, including for the Afghan Inde- U.S.C. 2687 note), $230,900,000, to remain For an additional amount for ‘‘Office of In- pendent Human Rights Commission, the Af- available until expended: Provided, That not- spector General’’, $22,200,000, to remain ghan Ministry of Women’s Affairs, and for withstanding any other provision of law, available until September 30, 2010, of which women-led nongovernmental organizations: such funds may be obligated and expended to $7,000,000 shall be transferred to the Special Provided further, That of the funds appro- carry out operation and maintenance, plan- Inspector General for Iraq Reconstruction priated under this heading, not less than ning and design and military construction for reconstruction oversight, and $7,200,000 $115,000,000 shall be made available for the projects not otherwise authorized by law. shall be transferred to the Special Inspector Afghan Reconstruction Trust Fund, of which GENERAL PROVISIONS—THIS TITLE General for Afghanistan Reconstruction for not less than $70,000,000 shall be made avail- reconstruction oversight: Provided, That the able for the National Solidarity Program: SEC. 1001. None of the funds appropriated in Special Inspector General for Afghanistan Provided further, That of the funds appro- this or any other Act may be used to dises- Reconstruction may exercise the authorities priated under this heading, not less than tablish, reorganize, or relocate the Armed of subsections (b) through (i) of section 3161 $11,000,000 shall be made available for the Af- Forces Institute of Pathology, except for the of title 5, United States Code (without regard ghan Civilian Assistance Program: Provided Armed Forces Medical Examiner, until the to subsection (a) of such section) for funds further, That of the funds appropriated under President has established, as required by sec- made available for fiscal years 2009 and 2010. this heading, not less than $439,000,000 shall tion 722 of the National Defense Authoriza- EMBASSY SECURITY, CONSTRUCTION, AND be made available for assistance for Paki- tion Act for Fiscal Year 2008 (Public Law MAINTENANCE stan, of which not more than $215,000,000 110–181; 122 Stat. 199; 10 U.S.C. 176 note), a For an additional amount for ‘‘Embassy shall be made available for economic growth Joint Pathology Center, and the Joint Pa- Security, Construction, and Maintenance’’, programs, including basic education to thology Center is demonstrably performing $820,500,000, to remain available until ex- counter the influence of madrassas; not less the minimum requirements set forth in sec- pended, for worldwide security upgrades, ac- than $50,000,000 shall be made available for tion 722 of the National Defense Authoriza- quisition, and construction as authorized, assistance for internally displaced persons; tion Act for Fiscal Year 2008. and shall be made available for secure diplo- and not less than $10,000,000 shall be made SEC. 1002. (a) IN GENERAL.—Unless other- matic facilities and housing for United available for democracy programs, including wise designated, each amount in this title is States mission staff in Afghanistan and to strengthen democratic political parties: designated as being for overseas deployments Pakistan, and for mobile mail screening Provided further, That of the funds appro- and other activities pursuant to sections units. priated under this heading that are available 401(c)(4) and 423(a) of S. Con. Res. 13 (111th INTERNATIONAL ORGANIZATIONS for assistance for Afghanistan and Pakistan, Congress), the concurrent resolution on the not less than $20,000,000 shall be made avail- budget for fiscal year 2010. CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES able for a cross border development program (b) EXCEPTION.—Subsection (a) shall not to be administered by the Special Represent- For an additional amount for ‘‘Contribu- apply to any amount under the heading ative for Afghanistan and Pakistan at the tions for International Peacekeeping Activi- ‘‘Military Construction, Defense-Wide’’. Department of State: Provided further, That TITLE XI ties’’, $721,000,000, to remain available until September 30, 2010. of the funds appropriated under this heading, DEPARTMENT OF STATE not less than $439,000,000 shall be made avail- UNITED STATES AGENCY FOR ADMINISTRATION OF FOREIGN AFFAIRS able for assistance for Iraq, of which not less INTERNATIONAL DEVELOPMENT than $50,000,000 shall be for the Community DIPLOMATIC AND CONSULAR PROGRAMS FUNDS APPROPRIATED TO THE PRESIDENT Action Program and not less than $10,000,000 (INCLUDING TRANSFER OF FUNDS) OPERATING EXPENSES shall be for the Marla Ruzicka Iraqi War Vic- For an additional amount for ‘‘Diplomatic For an additional amount for ‘‘Operating tims Fund: Provided further, That of the and Consular Programs’’, $645,444,000, to re- Expenses’’, $112,600,000, to remain available funds appropriated under this heading, not main available until September 30, 2010, of until September 30, 2010. less than $150,000,000 shall be made available

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5637 for assistance for Jordan to mitigate the im- the African Union Mission to Somalia and this title may be made available for pro- pact of the global economic crisis, including which may be transferred to, and merged grams and activities of the United Nations for health, education, water and sanitation, with, funds appropriated under the heading Development Program (UNDP) in Afghani- and other assistance for Iraqi and other refu- ‘‘Contributions for International Peace- stan unless the Secretary of State reports to gees in Jordan: Provided further, That of the keeping Activities’’ for peacekeeping in So- the Committees on Appropriations that funds appropriated under this heading, not malia: Provided, That of the funds appro- UNDP is fully cooperating with efforts of the less than $15,000,000 shall be made available priated under this heading, $15,000,000 shall United States Agency for International De- for assistance for Yemen; not less than be made available for assistance for the velopment (USAID) to investigate expendi- $10,000,000 shall be made available for assist- Democratic Republic of the Congo and tures by UNDP of USAID funds associated ance for Somalia; and not less than $2,000,000 shall be made available for the with the Quick Impact Program in Afghani- $10,000,000 shall be made available for pro- Multinational Force and Observer mission in stan, and has agreed to reimburse USAID, if grams and activities to assist victims of gen- the Sinai. appropriate. der-based violence in the Democratic Repub- INTERNATIONAL MILITARY EDUCATION AND ALLOCATIONS lic of the Congo: Provided further, That funds TRAINING SEC. 1102. (a) Funds appropriated in this made available pursuant to the previous pro- For an additional amount for ‘‘Inter- title for the following accounts shall be viso shall be administered by the United national Military Education and Training’’, made available for programs and countries States Agency for International Develop- $2,000,000, to remain available until Sep- in the amounts contained in the respective ment: Provided further, That none of the tember 30, 2010, for assistance for Iraq. tables included in the report accompanying this Act: funds appropriated in this title for democ- FOREIGN MILITARY FINANCING PROGRAM (1) ‘‘Diplomatic and Consular Programs’’. racy and civil society programs may be made For an additional amount for ‘‘Foreign (2) ‘‘Embassy Security, Construction, and available for the construction of facilities in Military Financing Program’’, $98,000,000, to Maintenance’’. the United States. remain available until September 30, 2009, for (3) ‘‘Economic Support Fund’’. ASSISTANCE FOR EUROPE, EURASIA, AND assistance for Lebanon. (4) ‘‘International Narcotics Control and CENTRAL ASIA GENERAL PROVISIONS—THIS TITLE Law Enforcement’’. For an additional amount for ‘‘Assistance AFGHANISTAN (b) For the purposes of implementing this for Europe, Eurasia and Central Asia’’, SEC. 1101. (a) IN GENERAL.—Funds appro- section, and only with respect to the tables $230,000,000, to remain available until Sep- priated under the heading ‘‘Economic Sup- included in the report accompanying this tember 30, 2010, of which $200,000,000 may be port Fund’’ that are available for assistance Act, the Secretary of State and the Adminis- made available for assistance for Georgia for Afghanistan shall be made available, to trator of the United States Agency for Inter- and other Eurasian countries: Provided, That the maximum extent practicable, in a man- national Development, as appropriate, may of the funds appropriated under this heading, ner that utilizes Afghan entities and empha- propose deviations to the amounts ref- $30,000,000 may be made available for assist- sizes the participation of Afghan women and erenced in subsection (a), subject to the reg- ance for the Kyrgyz Republic to provide a directly improves the security, economic and ular notification procedures of the Commit- long-range air traffic control and safety sys- social well-being, and political status, of Af- tees on Appropriations and section 634A of tem to support air operations in the Kyrgyz ghan women and girls. the Foreign Assistance Act of 1961. Republic, including at Manas International (b) LIMITATION ON CONTRACTS AND BURMA Airport, notwithstanding any other provi- GRANTS.—Funds appropriated under the SEC. 1103. (a) Funds appropriated under the sion of law. heading ‘‘Economic Support Fund’’ that are heading ‘‘Economic Support Fund’’ for hu- DEPARTMENT OF STATE available for assistance for Afghanistan shall manitarian assistance for Burma may be INTERNATIONAL NARCOTICS CONTROL AND LAW not be used to initiate or make an amend- made available notwithstanding any other ENFORCEMENT ment to any contract, grant or cooperative provision of law. agreement in an amount exceeding (b) Not later than 30 days after enactment For an additional amount for ‘‘Inter- $10,000,000. of this Act, the Secretary of State shall sub- national Narcotics Control and Law Enforce- (c) ASSISTANCE FOR WOMEN AND GIRLS.— mit to the Committees on Appropriations a ment’’, $393,500,000, to remain available until (1) Of the funds appropriated under the report that details the findings and rec- September 30, 2010: Provided, That of the heading ‘‘International Narcotics Control ommendations of the Department of State’s funds appropriated under this heading, not and Law Enforcement’’ that are available for review of United States policy toward more than $109,000,000 may be made available assistance for Afghanistan, not less than Burma. for assistance for the West Bank and not $10,000,000 shall be made available to train EXTENSION OF AUTHORITIES more than $66,000,000 may be made available and support Afghan women investigators, po- for assistance for Mexico. SEC. 1104. Funds appropriated in this title lice officers, prosecutors and judges with re- may be obligated and expended notwith- NONPROLIFERATION, ANTI-TERRORISM, sponsibility for investigating, prosecuting, standing section 10 of Public Law 91–672, sec- DEMINING AND RELATED PROGRAMS and punishing crimes of violence against tion 15 of the State Department Basic Au- For an additional amount for ‘‘Non- women and girls. thorities Act of 1956, section 313 of the For- proliferation, Anti-Terrorism, Demining and (2) Of the funds appropriated under the eign Relations Authorization Act, Fiscal Related Programs’’, $102,000,000, to remain heading ‘‘Economic Support Fund’’ that are Years 1994 and 1995 (Public Law 103–236), and available until September 30, 2010: Provided, available for assistance for Afghanistan, not section 504(a)(1) of the National Security Act That of this amount, not more than less than $5,000,000 shall be made available of 1947 (50 U.S.C. 414(a)(1)). $77,000,000, to remain available until ex- for capacity building for Afghan women-led GLOBAL FINANCIAL CRISIS pended, may be made available for the Non- nongovernmental organizations, and not less SEC. 1105. (a) IN GENERAL.—Of the funds ap- proliferation and Disarmament Fund, not- than $25,000,000 shall be made available to propriated under the heading ‘‘Economic withstanding any other provision of law, of support programs and activities of such or- Support Fund’’, not more than $285,000,000 which not more than $50,000,000 may be made ganizations, including to provide legal as- may be made available for assistance for vul- available to enhance security along the Gaza sistance and training for Afghan women and nerable populations in developing countries border: Provided further, That the Secretary girls about their rights, and to promote severely affected by the global financial cri- of State shall work assiduously to facilitate women’s health (including mental health), sis: Provided, That funds made available pur- the regular flow of people and licit goods in education, and leadership. suant to this section may be obligated only and out of Gaza at established border cross- (d) ANTICORRUPTION.—Ten percent of the after the Administrator of the United States ings and shall submit a report to the Com- funds appropriated under the heading ‘‘Inter- Agency for International Development mittees on Appropriations not later than 45 national Narcotics Control and Law Enforce- (USAID) submits a report to the Committees days after enactment of this Act, and every ment’’ that are available for assistance for on Appropriations detailing a spending plan 45 days thereafter until September 30, 2010, the Government of Afghanistan shall be for each such country including criteria for detailing progress in this effort. withheld from obligation until the Secretary eligibility, proposed amounts and purposes of of State reports to the Committees on Ap- MIGRATION AND REFUGEE ASSISTANCE assistance, and mechanisms for monitoring propriations that the Government of Afghan- the uses of such assistance, and indicating For an additional amount for ‘‘Migration istan is implementing a policy to promptly that USAID has reviewed its existing pro- and Refugee Assistance’’, $345,000,000, to re- remove from office any government official grams in such country to determine re- main available until expended. who is credibly alleged to have engaged in programming opportunities to increase as- INTERNATIONAL SECURITY ASSISTANCE narcotics trafficking, gross violations of sistance for vulnerable populations: Provided FUNDS APPROPRIATED TO THE PRESIDENT human rights, or other major crimes. further, That funds made available pursuant (e) ACQUISITION OF PROPERTY.—Not more to this section shall be transferred to, and PEACEKEEPING OPERATIONS than $10,000,000 of the funds appropriated in merged with, the following accounts: (INCLUDING TRANSFER OF FUNDS) this title may be made available to pay for (1) Not less than $12,000,000 for the ‘‘Devel- For an additional amount for ‘‘Peace- the acquisition of property for diplomatic fa- opment Credit Authority’’, for the cost of di- keeping Operations’’, $172,900,000, to remain cilities in Afghanistan. rect loans and loan guarantees notwith- available until September 30, 2010, of which (f) UNITED NATIONS DEVELOPMENT PRO- standing the dollar limitations in such ac- $155,900,000 may be made available to support GRAM.—None of the funds appropriated in count on transfers to the account and the

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5638 CONGRESSIONAL RECORD — SENATE May 19, 2009 principal amount of loans made or guaran- ance Act as added by the Palestinian Anti- ‘‘(b) In order to pay for the United States teed with respect to any single country or Terrorism Act of 2006 (Public Law 109–446) contribution provided for in subsection (a), borrower: Provided, That such transferred with respect to this subsection. there are authorized to be appropriated, funds may be made available to subsidize (d) Whenever the certification pursuant to without fiscal year limitation, not more total loan principal, any portion of which is subsection (b) is exercised, the Secretary of than $356,000,000 for payment by the Sec- to be guaranteed, of up to $3,300,000,000: Pro- State shall submit a report to the Commit- retary of the Treasury. vided further, That the authority provided in tees on Appropriations within 120 days of the ‘‘(c) In this section, the term ‘Multilateral this subsection is in addition to authority certification and every quarter thereafter on Debt Relief Initiative’ means the proposal provided under the heading ‘‘Development whether such government, including all of set out in the G8 Finance Ministers’ Commu- Credit Authority’’ in Public Law 111–8: Pro- its ministers or such equivalent, are con- nique entitled ‘Conclusions on Development,’ vided further, That and up to $1,500,000 may tinuing to comply with the principles con- done at London, June 11, 2005, and reaffirmed be made available for administrative ex- tained in section 620K(b)(1)(A) and (B). The by G8 Heads of State at the Gleneagles Sum- penses to carry out credit programs adminis- report shall also detail the amount, purposes mit on July 8, 2005.’’. tered by the United States Agency for Inter- and delivery mechanisms for any assistance (b) AFRICAN DEVELOPMENT FUND.—The Af- national Development; and provided pursuant to the abovementioned rican Development Fund Act (22 U.S.C. 290 et (2) Not more than $20,000,000 for the ‘‘Over- certification and a full accounting of any di- seq.) is amended by adding at the end thereof seas Private Investment Corporation Pro- rect support of such government. the following: gram Account’’, notwithstanding section MEXICO ‘‘SEC. 219. ELEVENTH REPLENISHMENT. 708(b) of Public Law 111–8: Provided, That ‘‘(a) The United States Governor of the SEC. 1108. (a) Not later than 60 days after such funds shall not be available for adminis- enactment of this Act, the Secretary of Fund is authorized to contribute on behalf of trative expenses of the Overseas Private In- State shall submit a report to the Commit- the United States $468,165,000 to the eleventh vestment Corporation. tees on Appropriations detailing actions replenishment of the resources of the Fund, (b) REPROGRAMMING AUTHORITY.—Notwith- taken by the Government of Mexico since subject to obtaining the necessary appropria- standing any other provision of law and in June 30, 2008, to investigate and prosecute tions. addition to funds otherwise available for ‘‘(b) In order to pay for the United States violations of internationally recognized such purposes, funds appropriated under the contribution provided for in subsection (a), human rights by members of the Mexican heading ‘‘Millennium Challenge Corpora- there are authorized to be appropriated, Federal police and military forces, and to tion’’ (MCC) in prior Acts making appropria- without fiscal year limitation, $468,165,000 support a thorough, independent, and cred- tions for the Department of State, foreign for payment by the Secretary of the Treas- ible investigation of the murder of American operations, export financing, and related ury. programs may be transferred to, and merged citizen Bradley Roland Will. (b) None of the funds appropriated in this ‘‘SEC. 220. MULTILATERAL DEBT RELIEF INITIA- with, funds appropriated under the heading TIVE. title may be made available for the cost of ‘‘Economic Support Fund’’ that are made ‘‘(a) The Secretary of the Treasury is au- fuel for helicopters provided to Mexico, or available pursuant to this section. thorized to contribute, on behalf of the for logistical support, including operations (1) The authority contained in subsection United States, not more than $26,000,000 to and maintenance, of aircraft purchased by (b) may only be exercised for a country that the African Development Fund for the pur- the Government of Mexico. has signed a compact with the MCC or has pose of funding debt relief under the Multi- (c) In order to enhance border security and been designated by the MCC as a threshold lateral Debt Relief Initiative in the period cooperation in law enforcement efforts be- country, and such a reprogramming of funds governed by the eleventh replenishment of tween Mexico and the United States, funds should be made, if practicable, prior to mak- resources of the African Development Fund, appropriated in this title that are available ing available additional assistance for such subject to obtaining the necessary appropria- for assistance for Mexico may be made avail- purposes. tions and without prejudice to any funding able for the procurement of law enforcement (2) The MCC shall consult with the Com- arrangements in existence on the date of the communications equipment only if such mittees on Appropriations prior to exer- enactment of this section. equipment utilizes open standards and is cising the authority of this subsection. ‘‘(b) In order to pay for the United States compatible with, and capable of operating IRAQ contribution provided for in subsection (a), with, radio communications systems and re- SEC. 1106. (a) IN GENERAL.—Funds appro- there are authorized to be appropriated, lated equipment utilized by Federal law en- priated in this title that are available for as- without fiscal year limitation, not more forcement agencies in the United States to sistance for Iraq shall be made available, to than $26,000,000 for payment by the Secretary enhance border security and cooperation in the maximum extent practicable, in a man- of the Treasury.’’. law enforcement efforts between Mexico and ner that utilizes Iraqi entities. the United States. PROMOTION OF POLICY GOALS AT THE WORLD (b) MATCHING REQUIREMENT.—Funds appro- BANK GROUP priated in this title for assistance for Iraq MULTILATERAL DEVELOPMENT BANK SEC. 1110. Title XVI of the International shall be made available in accordance with REPLENISHMENTS Financial Institutions Act (22 U.S.C. 262p et the Department of State’s April 9, 2009, SEC. 1109. (a) INTERNATIONAL DEVELOPMENT ‘‘Guidelines for Government of Iraq Finan- seq.) is amended by adding at the end thereof ASSOCIATION.—The International Develop- the following: cial Participation in United States Govern- ment Association Act (22 U.S.C. 284 et seq.) ment-Funded Civilian Foreign Assistance is amended by adding at the end thereof the ‘‘SEC. 1626. REFORM OF THE ‘DOING BUSINESS’ REPORT OF THE WORLD BANK. Programs and Projects’’. following: (c) OTHER ASSISTANCE.—Of the funds appro- ‘‘(a) The Secretary of the Treasury shall priated in this title under the heading ‘‘Eco- ‘‘SEC. 24. FIFTEENTH REPLENISHMENT. instruct the United States Executive Direc- nomic Support Fund’’, not less than ‘‘(a) The United States Governor of the tors at the International Bank for Recon- $20,000,000 shall be made available for tar- International Development Association is struction and Development, the Inter- geted development programs and activities authorized to contribute on behalf of the national Development Association, and the in areas of conflict in Iraq, and the responsi- United States $3,705,000,000 to the fifteenth International Finance Corporation of the fol- bility for policy decisions and justifications replenishment of the resources of the Asso- lowing United States policy goals, and to use for the use of such funds shall be the respon- ciation, subject to obtaining the necessary the voice and vote of the United States to sibility of the United States Chief of Mission appropriations. actively promote and work to achieve these in Iraq. ‘‘(b) In order to pay for the United States goals: contribution provided for in subsection (a), PROHIBITION ON ASSISTANCE FOR HAMAS ‘‘(1) Suspension of the use of the ‘Employ- there are authorized to be appropriated, ing Workers’ Indicator for the purpose of SEC. 1107. (a) None of the funds appro- without fiscal year limitation, $3,705,000,000 priated in this title may be made available ranking or scoring country performance in for payment by the Secretary of the Treas- the annual Doing Business Report of the for assistance to Hamas, or any entity effec- ury. tively controlled by Hamas or any power- World Bank until a set of indicators can be sharing government of which Hamas is a ‘‘SEC. 25. MULTILATERAL DEBT RELIEF. devised that fairly represent the value of member. ‘‘(a) The Secretary of the Treasury is au- internationally recognized workers’ rights, (b) Notwithstanding the limitation of sub- thorized to contribute, on behalf of the including core labor standards, in creating a section (a), assistance may be provided to a United States, not more than $356,000,000 to stable and favorable environment for at- power-sharing government only if the Presi- the International Development Association tracting private investment. The indicators dent certifies and reports to the Committees for the purpose of funding debt relief under shall bring to bear the experiences of the on Appropriations that such government, in- the Multilateral Debt Relief Initiative in the member governments in dealing with the cluding all of its ministers or such equiva- period governed by the fifteenth replenish- economic, social and political complexity of lent, has publicly accepted and is complying ment of resources of the International Devel- labor market issues. The indicators should with the principles contained in section opment Association, subject to obtaining the be developed through collaborative discus- 620K(b)(1)(A) and (B) of the Foreign Assist- necessary appropriations and without preju- sions with and between the World Bank, the ance Act of 1961, as amended. dice to any funding arrangements in exist- International Finance Corporation, the (c) The President may exercise the author- ence on the date of the enactment of this International Labor Organization, private ity in section 620K(e) of the Foreign Assist- section. companies, and labor unions.

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‘‘(2) Elimination of the ‘Labor Tax and So- ‘‘(b) EXPANSION OF CLIMATE CHANGE MITI- priated for this fiscal year in this or any cial Contributions’ Subindicator from the GATION ACTIVITIES.—The Secretary of the other Act may be used to pay an eligible annual Doing Business Report of the World Treasury shall work to ensure that the mul- member of the Foreign Service as defined in Bank. tilateral development banks (as defined in subsection (b) of this section a locality-based ‘‘(3) Removal of the ‘Employing Workers’ section 1701(c)(4)) expand their activities comparability payment (stated as a percent- Indicator as a ‘guidepost’ for calculating the supporting climate change mitigation by— age) up to the amount of the locality-based annual Country Policy and Institutional As- ‘‘(1) significantly expanding support for in- comparability payment (stated as a percent- sessment score for each recipient country. vestments in energy efficiency and renew- age) that would be payable to such member ‘‘(b) Within 60 days after the date of the able energy, including zero carbon tech- under section 5304 of title 5, United States enactment of this section, the Secretary of nologies; Code if such member’s official duty station the Treasury shall provide an instruction to ‘‘(2) reviewing all proposed infrastructure were in the District of Columbia. the United States Executive Directors re- investments to ensure that all opportunities (b) A member of the Service shall be eligi- ferred to in subsection (a) to take appro- for integrating energy efficiency measures ble for a payment under this section only if priate actions with respect to implementing have been considered; the member is designated class 1 or below for the policy goals of the United States set ‘‘(3) increasing the dialogue with the gov- purposes of section 403 of the Foreign Service forth in subsection (a), and such instruction ernments of developing countries regard- Act of 1980 (22 U.S.C. 3963) and the member’s shall be posted on the website of the Depart- ing— official duty station is not in the continental ment of the Treasury. ‘‘(A) analysis and policy measures needed United States or in a non-foreign area, as de- ‘‘SEC. 1627. ENHANCING THE TRANSPARENCY for low carbon emission economic develop- fined in section 591.205 of title 5, Code of Fed- AND EFFECTIVENESS OF THE IN- ment; and eral Regulations. SPECTION PANEL PROCESS OF THE ‘‘(B) reforms needed to promote private (c) The amount of any locality-based com- WORLD BANK. sector investments in energy efficiency and parability payment that is paid to a member ‘‘(a) ENHANCING TRANSPARENCY IN IMPLE- renewable energy, including zero carbon of the Foreign Service under this section MENTATION OF MANAGEMENT ACTION PLANS.— shall be subject to any limitations on pay The Secretary of the Treasury shall direct technologies; and applicable to locality-based comparability the United States Executive Directors at the ‘‘(4) integrate low carbon emission eco- payments under section 5304 of title 5, World Bank to seek to ensure that World nomic development objectives into multilat- United States Code. Bank Procedure 17.55, which establishes the eral development bank country strategies. ‘‘(c) REPORT TO CONGRESS.—Not later than operating procedures of Management with ASSESSMENT ON AFGHANISTAN AND PAKISTAN 1 year after the date of the enactment of this regard to the Inspection Panel, provides that SEC. 1114. (a) FINDING.—The Congress sup- section, and annually thereafter, the Sec- Management prepare and make available to ports economic and security assistance for retary of the Treasury shall submit a report the public semiannual progress reports de- Afghanistan and Pakistan, but long-term scribing implementation of Action Plans on the status of efforts to implement this stability and security in those countries is considered by the Board; allow and receive section to the Committee on Foreign Rela- tied more to the capacity and conduct of the comments from Requesters and other Af- tions and the Committee on Appropriations Afghan and Pakistani governments and the fected Parties for two months after the date of the Senate and the Committee on Finan- resolve of both societies for peace and sta- of disclosure of the progress reports; post cial Services and the Committee on Appro- bility, to include combating extremist net- these comments on World Bank and Inspec- priations of the House of Representatives.’’. works, than it is to the policies of the United tion Panel websites (after receiving permis- MULTILATERAL DEVELOPMENT BANK REFORM States. sion from the requestors to post with or SEC. 1112. (a) BUDGET DISCLOSURE.—The (b) REPORT.—The President shall submit a without attribution); submit the reports to Secretary of the Treasury shall seek to en- report to the appropriate congressional com- the Board with any comments received; and sure that the multilateral development mittees, not later than 90 days after the date make public the substance of any actions banks make timely, public disclosure of of enactment of this Act and every 6 months taken by the Board after Board consider- their operating budgets including expenses thereafter until September 30, 2010, in classi- ation of the reports. for staff, consultants, travel and facilities. fied form if necessary, assessing the extent ‘‘(b) SAFEGUARDING THE INDEPENDENCE AND (b) EVALUATION.—The Secretary of the to which the Afghan and Pakistani govern- EFFECTIVENESS OF THE INSPECTION PANEL.— Treasury shall seek to ensure that multilat- ments are demonstrating the necessary com- The Secretary of the Treasury shall direct eral development banks rigorously evaluate mitment, capability, conduct and unity of the United States Executive Directors at the the development impact of selected bank purpose to warrant the continuation of the World Bank to continue to promote the inde- projects, programs, and financing operations, President’s policy announced on March 27, pendence and effectiveness of the Inspection and emphasize use of random assignment in 2009, to include: Panel, including by seeking to ensure the conducting such evaluations, where appro- (1) The level of political consensus and availability of, and access by claimants to, priate and to the extent feasible. unity of purpose across ethnic, tribal, reli- the Inspection Panel for projects supported (c) EXTRACTIVE INDUSTRIES.—The Sec- gious and political party affiliations to con- by World Bank resources. retary of the Treasury shall direct the front the political and security challenges ‘‘(c) EVALUATION OF COUNTRY SYSTEMS.— United States Executive Directors at the facing the region; The Secretary of the Treasury shall direct multilateral development banks to promote (2) The level of official corruption that un- the United States Executive Directors at the the endorsement of the Extractive Industry dermines such political consensus and unity World Bank to request an evaluation by the Transparency Initiative (EITI) by these in- of purpose, and actions taken to eliminate it; Independent Evaluation Group on the use of stitutions and the integration of the prin- (3) The actions taken by the respective se- country environmental and social safeguard ciples of the EITI into extractive industry- curity forces and appropriate government systems to determine the degree to which, in related projects that are funded by the mul- entities in developing a counterinsurgency practice, the use of such systems provides tilateral development banks. capability, conducting counterinsurgency the same level of protection at the project (d) REPORT.—Not later than September 30, operations, and establishing security and level as do the policies and procedures of the 2009, the Secretary of the Treasury shall sub- governance on the ground; World Bank. mit a report to the Committee on Appropria- (4) The actions taken by the respective in- ‘‘(d) WORLD BANK DEFINED.—In this sec- tions and the Committee on Foreign Rela- telligence agencies in cooperating with the tion, the term ‘World Bank’ means the Inter- tions of the Senate, and the Committee on United States on counterinsurgency and national Bank for Reconstruction and Devel- Appropriations and the Committee on For- counterterrorism operations and in termi- opment and the International Development eign Affairs of the House, detailing actions nating policies and programs, and removing Association.’’. taken by the multilateral development personnel, that provide material support to CLIMATE CHANGE MITIGATION AND GREENHOUSE banks to achieve the objectives of this sec- extremist networks that target United GAS ACCOUNTING tion. States troops or undermine United States (e) COORDINATION OF DEVELOPMENT POL- SEC. 1111. Title XIII of the International objectives in the region; Financial Institutions Act (22 U.S.C. 262m et ICY.—The Secretary of the Treasury shall co- (5) The ability of the Afghan and Pakistani seq.) is amended by adding at the end thereof ordinate the formulation and implementa- governments to effectively control and gov- the following: tion of United States policy relating to the ern the territory within their respective bor- development activities of the World Bank ‘‘SEC. 1308. CLIMATE CHANGE MITIGATION AND ders; and GREENHOUSE GAS ACCOUNTING. Group with the Secretary of State, the Ad- (6) The ways in which United States Gov- ‘‘(a) USE OF GREENHOUSE GAS ACCOUNT- ministrator of the United States Agency for ernment assistance contributed, or failed to ING.—The Secretary of the Treasury shall International Development, and other Fed- contribute, to achieving the goals outlined seek to ensure that multilateral develop- eral agencies, as appropriate. above. ment banks (as defined in section 1701(c)(4) OVERSEAS COMPARABILITY PAY ADJUSTMENT (c) POLICY ASSESSMENT.—The President, on of this Act) adopt and implement greenhouse SEC. 1113. (a) Subject to such regulations the basis of information gathered and coordi- gas accounting in analyzing the benefits and prescribed by the Secretary of State, includ- nated by the National Security Council, costs of individual projects (excluding those ing with respect to phase-in schedule and shall advise the Congress on how such assess- with de minimus greenhouse gas emissions) treatment as basic pay, and notwithstanding ment requires, or does not require, changes for which funding is sought from the bank. any other provision of law, funds appro- to such policy.

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(d) DEFINITION.—For purposes of this sec- TECHNICAL PROVISIONS 111–8), except that sections 7042(a) and (c) tion, ‘‘appropriate congressional commit- SEC. 1118. (a) MODIFICATIONS.—The funding and 7070(e)(2) of such Act shall not apply to tees’’ means the Committees on Appropria- limitation in section 7046(a) of Public Law such funds. tions, Foreign Relations and Armed Services 111–8 shall not apply to funds made available OVERSEAS DEPLOYMENTS of the Senate, and the Committees on Appro- for assistance for Colombia through the SEC. 1120. Each amount in this title is des- priations, Foreign Affairs and Armed Serv- United States Agency for International De- ignated as being for overseas deployments ices of the House of Representatives. velopment’s Office of Transition Initiatives: and other activities pursuant to sections ASSISTANCE FOR PAKISTAN Provided, That title III of division H of Pub- 401(c)(4) and 423(a) of S. Con. Res. 13 (111th SEC. 1115. (a) FINDINGS.— lic Law 111–8 is amended under the heading Congress), the concurrent resolution on the (1) The United States and the international ‘‘Economic Support Fund’’ in the second pro- budget for fiscal year 2010. viso by striking ‘‘up to $20,000,000’’ and in- community have welcomed and supported TITLE XII Pakistan’s return to civilian rule since the serting ‘‘not less than $20,000,000’’. democratic elections of February 18, 2008; (b) NOTIFICATION REQUIREMENT.—Funds ap- DEPARTMENT OF TRANSPORTATION (2) Since 2001, the United States has pro- propriated by this Act that are transferred OFFICE OF THE SECRETARY vided more than $12,000,000,000 in economic to the Department of State or the United PAYMENTS TO AIR CARRIERS States Agency for International Develop- and security assistance to Pakistan; (AIRPORT AND AIRWAY TRUST FUND) (3) Afghanistan and Pakistan are facing ment shall be subject to the regular notifica- In addition to funds made available under grave threats to their internal security from tion procedures of the Committees on Appro- Public Law 111–8 and funds authorized under a growing insurgency fueled by al Qaeda, the priations, notwithstanding any other provi- subsection 41742(a)(1) of title 49, United Taliban and other violent extremist groups sion of law. States Code, to carry out the essential air operating in areas along the Afghanistan- (c) AUTHORITY.—Funds appropriated in this service program, to be derived from the Air- Pakistan border; and title, and subsequent and prior acts appro- port and Airway Trust Fund, $13,200,000, to (4) The United States is committed to sup- priating funds for Department of State, For- remain available until expended. porting vigorous efforts by the Government eign Operations, and Related Programs and of Pakistan to secure Pakistan’s western under the heading ‘‘Public Law 480 Title II FEDERAL AVIATION ADMINISTRATION border and counter violent extremism, ex- Grants’’ in this, subsequent, and prior Acts GRANTS-IN-AID FOR AIRPORTS pand government services, support economic appropriating funds for Agriculture, Rural (AIRPORT AND AIRWAY TRUST FUND) development, combat corruption and uphold Development, Food and Drug Administra- (RESCISSION) the rule of law in such areas. tion, and Related Agencies, shall be made (b) REPORT.—Not later than 90 days after available notwithstanding the requirements Of the amounts authorized under sections enactment of this Act, the Secretary of of and amendments made by section 3511 of 48103 and 48112 of title 49, United States State shall submit a report, in classified Public Law 110–417. Code, $13,200,000 are permanently rescinded form if necessary, to the Committees on Ap- (d) REEMPLOYMENT OF ANNUITANTS.— from amounts authorized for the fiscal year propriations detailing— (1) Section 824 of the Foreign Service Act ending September 30, 2008. (1) a spending plan for the proposed uses of of 1980 (22 U.S.C. 4064) is amended in sub- GENERAL PROVISIONS—THIS TITLE funds appropriated in this title under the section (g)(1)(B) by inserting ‘‘, Pakistan,’’ SEC. 1201. Section 1937 of Public Law 109–59 headings ‘‘Economic Support Fund’’ and after ‘‘Iraq’’ each place it appears; by insert- (119 Stat. 1144, 1510) is amended— ‘‘International Narcotics Control and Law ing ‘‘to positions in the Response Readiness (1) in paragraph (1) by striking ‘‘expendi- Enforcement’’ that are available for assist- Corps,’’ before ‘‘or to posts vacated’’; and, in tures’’ each place that it appears and insert- ance for Pakistan including amounts, the subsection (g)(2) by striking ‘‘2009’’ and in- ing ‘‘allocations’’; and purposes for which funds are to be made serting instead ‘‘2012’’. (2) in paragraph (2) by striking ‘‘expendi- available, and intended results; (2) Section 61 of the State Department ture’’ and inserting ‘‘allocation’’. (2) the actions to be taken by the United Basic Authorities Act of 1956 (22 U.S.C. 2733) SEC. 1202. A recipient and subrecipient of States and the Government of Pakistan re- is amended in subsection (a)(1) by adding ‘‘, funds appropriated in Public Law 111–5 and lating to such assistance; Pakistan,’’ after ‘‘Iraq’’ each place it ap- apportioned pursuant to section 5311 and sec- (3) the metrics for measuring progress in pears; by inserting ‘‘, to positions in the Re- tion 5336 (other than subsection (i)(1) and (j)) achieving such results; and sponse Readiness Corps,’’ before ‘‘or to posts of title 49, United States Code, may use up to (4) the mechanisms for monitoring such vacated’’; and, in subsection (a)(2) by strik- 10 percent of the amount apportioned for the funds. ing ‘‘2008’’ and inserting instead ‘‘2012’’. operating costs of equipment and facilities SPECIAL AUTHORITY (3) Section 625 of the Foreign Assistance for use in public transportation: Provided, Act of 1961 (22 U.S.C. 2385) is amended in sub- SEC. 1116. (a) Notwithstanding any other That a grant obligating such funds prior to provision of law, funds appropriated under section (j)(1)(A) by adding ‘‘, Pakistan,’’ the date of the enactment of this Act may be the headings ‘‘Global HIV/AIDS Initiative’’ after ‘‘Iraq’’ each place it appears; by insert- amended to allow a recipient and sub- or ‘‘Global Health and Child Survival’’ in ing ‘‘, to positions in the Response Readiness recipient to use the funds made available for prior Acts making appropriations for the De- Corps,’’ before ‘‘or to posts vacated’’; and, in operating assistance: Provided further, That partment of State, foreign operations, export subsection (J)(1)(B) by striking ‘‘2008’’ and such funds are designated as an emergency financing and related programs for assist- inserting instead ‘‘2012’’. requirement pursuant to section 403 of S. ance for Kenya to carry out the President’s (e) INCENTIVES FOR CRITICAL POSTS.—Not- Con. Res. 13 (111th Congress), the concurrent Emergency Plan for AIDS Relief may be withstanding sections 5753(a)(2)(A) and resolution on the budget for fiscal year 2010. transferred to, and merged with, funds made 5754(a)(2)(A) of title 5, United States Code, SEC. 1203. Public Law 110–329, under the available under the heading ‘‘Economic Sup- appropriations made available by this or any heading ‘‘Project-Based Rental Assistance’’, port Fund’’ to respond to instability in other Act may be used to pay recruitment, is amended by striking ‘‘project-based Kenya arising from conflict or civil strife. relocation, and retention bonuses under vouchers’’ and all that follows up to the pe- (b) The Secretary of State shall consult chapter 57 of title 5, United States Code to riod and inserting ‘‘activities and assistance with the Committees on Appropriations members of the Foreign Service, other than for the provision of tenant-based rental as- prior to exercising the authority of this sec- chiefs of mission and ambassadors at large, sistance, including related administrative tion. who are on official duty in Iraq, Afghanistan, expenses, as authorized under the United SPENDING PLAN AND NOTIFICATION PROCEDURES or Pakistan. This authority shall terminate States Housing Act of 1937, as amended (42 on October 1, 2012. SEC. 1117. (a) SPENDING PLAN.—Not later U.S.C. 1437 et seq.), $80,000,000, to remain (f) Of the funds appropriated under the than 45 days after the enactment of this Act, available until expended: Provided, That such heading ‘‘Foreign Military Financing Pro- the Secretary of State, in consultation with funds shall be made available within 60 days gram’’ in Public Law 110–161 that are avail- the Administrator of the United States of the enactment of this Act: Provided fur- able for assistance for Colombia, $500,000 Agency for International Development, shall ther, That in carrying out the activities au- may be transferred to, and merged with, submit to the Committees on Appropriations thorized under this heading, the Secretary funds appropriated under the heading ‘‘Inter- a report detailing planned expenditures for shall waive section (o)(13)(B) of the United national Narcotics Control and Law Enforce- funds appropriated in this title, except for States Housing Act of 1937 (42 U.S.C. ment’’ to provide medical and rehabilitation funds appropriated under the headings 1437f(o)(13)(B))’’: Provided, That such addi- assistance for members of Colombian secu- ‘‘International Disaster Assistance’’ and tional funds are designated as an emergency rity forces who have suffered severe injuries. ‘‘Migration and Refugee Assistance’’. requirement pursuant to section 403 of S. (b) NOTIFICATION.—Funds appropriated in TERMS AND CONDITIONS Con. Res. 13 (111th Congress), the concurrent this title, with the exception of funds appro- SEC. 1119. Unless otherwise provided for in resolution on the budget for fiscal year 2010. priated under the headings ‘‘International this Act, funds appropriated or otherwise SEC. 1204. Public Law 111–5 is amended by Disaster Assistance’’ and ‘‘Migration and made available in this title shall be available striking the second proviso under the head- Refugee Assistance’’, shall be subject to the under the authorities and conditions pro- ing ‘‘HOME Investment Partnerships Pro- regular notification procedures of the Com- vided in the Department of State, Foreign gram’’ and inserting ‘‘Provided further, That mittees on Appropriations and section 634A Operations, and Related Programs Appro- the housing credit agencies in each State of the Foreign Assistance Act of 1961. priations Act, 2009 (division H of Public Law shall distribute these funds competitively

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5641 under this heading and pursuant to their port to Congress as to whether supple- use such proceeds for the purpose of assisting qualified allocation plan (as defined in sec- mentary resources are needed to forestall or low-income countries, only after the Sec- tion 42(m) of the Internal Revenue Code of cope with an impairment of the inter- retary of the Treasury has consulted with 1986) to owners of projects who have received national monetary system and whether the the chairman and ranking minority member or receive simultaneously an award of low- Fund has fully explored other means of fund- of the Committee on Foreign Relations and income housing tax credits under sections ing, to the Fund under article VII, section the Committee on Banking, Housing, and 42(h) and 1400N of the Internal Revenue Code 1(i), of the Articles of Agreement of the Urban Affairs of the Senate and the Com- of 1986:’’. Fund. Any loan under the authority granted mittee on Financial Services of the House of TITLE XIII in this subsection shall be made with due re- Representatives, and the appropriate sub- gard to the present and prospective balance committees thereof, at least 60 days prior to OTHER MATTERS of payments and reserve position of the any authorization by the United States Ex- INTERNATIONAL ASSISTANCE United States.’’; and ecutive Director of distribution of gold sale PROGRAMS (2) in subsection (b)— proceeds. INTERNATIONAL MONETARY PROGRAMS (A) by inserting ‘‘(1)’’ before ‘‘For the pur- ‘‘SEC. 67. ACCEPTANCE OF AMENDMENT TO THE UNITED STATES QUOTA, INTERNATIONAL pose of’’; ARTICLES OF AGREEMENT OF THE FUND. MONETARY FUND (B) by inserting ‘‘subsection (a)(1) of’’ ‘‘after pursuant to’’; and ‘‘The United States Governor of the Fund For an increase in the United States quota may agree to and accept the amendment to in the International Monetary Fund, the dol- (C) by adding at the end the following: ‘‘(2) For the purpose of making loans to the the Articles of Agreement of the Fund as lar equivalent of 4,973,100,000 Special Draw- proposed in the resolution numbered 54–4 of ing Rights, to remain available until ex- International Monetary Fund pursuant to subsection (a)(2) of this section, there is the Board of Governors of the Fund which pended: Provided, That the cost of the was approved by such Board on October 22, amounts provided herein shall be determined hereby authorized to be appropriated not to exceed the dollar equivalent of 75,000,000,000 1997.’’. as provided under the Federal Credit Reform SEC. 1303. (a) Not later than 30 days after Special Drawing Rights, in addition to any Act of 1990 (2 U.S.C. 661 et. seq.): Provided fur- enactment of this Act, the Secretary of the amounts previously authorized under this ther, That for purposes of section 502(5) of the Treasury, in consultation with the Executive Federal Credit Reform Act of 1990, the dis- section, except that prior to activation, the Director of the World Bank and the Execu- count rate in section 502(5)(E) shall be ad- Secretary of the Treasury shall report to tive Board of the International Monetary justed for market risks: Provided further, Congress as to whether supplementary re- Fund (IMF), shall submit a report to the ap- That section 504(b) of the Federal Credit Re- sources are needed to forestall or cope with propriate congressional committees detail- form Act of 1990 (2 U.S.C. 661c(b)) shall not an impairment of the international mone- ing the steps taken to coordinate the activi- apply. tary system and whether the Fund has fully ties of the World Bank and the IMF to avoid explored other means of funding, to remain LOANS TO INTERNATIONAL MONETARY FUND duplication of missions and programs, and available until expended to meet calls by the steps taken by the Department of the Treas- For loans to the International Monetary International Monetary Fund. Any payments ury and the IMF to increase the oversight Fund under section 17(a)(ii) and (b)(ii) of the made to the United States by the Inter- and accountability of IMF activities. Bretton Woods Agreements Act (Public Law national Monetary Fund as a repayment on (b) For the purposes of this section, the 87–490, 22 U.S.C. 286e–2), as amended by this account of the principal of a loan made ‘‘appropriate congressional committees’’ Act pursuant to the New Arrangements to under this section shall continue to be avail- means the Committees on Appropriations, Borrow, the dollar equivalent of up to able for loans to the International Monetary Banking, Housing, and Urban Affairs, and 75,000,000,000 Special Drawing Rights, to re- Fund.’’. Foreign Relations of the Senate, and the main available until expended, in addition to SEC. 1302. The Bretton Woods Agreements Committees on Appropriations, Foreign Af- any amounts previously appropriated under Act (22 U.S.C. 286 et seq.) is amended by add- fairs, and Ways and Means of the House of section 17 of such Act: Provided, That if the ing at the end the following: Representatives. United States agrees to an expansion of its ‘‘SEC. 64. ACCEPTANCE OF AMENDMENTS TO THE (c) In the next report to Congress on inter- credit arrangement in an amount less than ARTICLES OF AGREEMENT OF THE national economic and exchange rate poli- the dollar equivalent of 75,000,000,000 Special FUND. cies, the Secretary of the Treasury shall: (1) Drawing Rights, any amount over the United ‘‘The United States Governor of the Fund report on ways in which the IMF’s surveil- States’ agreement shall not be available may agree to and accept the amendments to lance function under Article IV could be en- until further appropriated: Provided further, the Articles of Agreement of the Fund as hanced and made more effective in terms of That the cost of the amounts provided herein proposed in the resolutions numbered 63–2 avoiding currency manipulation; (2) report shall be determined as provided under the and 63–3 of the Board of Governors of the on the feasibility and usefulness of pub- Federal Credit Reform Act of 1990 (2 U.S.C. Fund which were approved by such Board on lishing the IMF’s internal calculations of in- 661 et. seq.): Provided further, That for pur- April 28, 2008 and May 5, 2008, respectively. dicative exchange rates; and (3) provide rec- poses of section 502(5) of the Federal Credit ‘‘SEC. 65. QUOTA INCREASE. ommendations on the steps that the IMF can Reform Act of 1990, the discount rate in sec- ‘‘(a) IN GENERAL.—The United States Gov- take to promote global financial stability tion 502(5)(E) shall be adjusted for market ernor of the Fund may consent to an in- and conduct effective multilateral surveil- risks: Provided further, That section 504(b) of crease in the quota of the United States in lance. the Federal Credit Reform Act of 1990 (2 the Fund equivalent to 4,973,100,000 Special SEC. 1304. Each amount in this title is des- U.S.C. 661c(b)) shall not apply. Drawing Rights. ignated as being for overseas deployments and other activities pursuant to sections GENERAL PROVISIONS—INTERNATIONAL ‘‘(b) SUBJECT TO APPROPRIATIONS.—The au- ASSISTANCE PROGRAMS thority provided by subsection (a) shall be 401(c)(4) and 423(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the SEC. 1301. Section 17 of the Bretton Woods effective only to such extent or in such budget for fiscal year 2010. Agreements Act (22 U.S.C. 286e–2) is amend- amounts as are provided in advance in appro- ed— priations Acts. GENERAL PROVISION—THIS ACT (1) in subsection (a)— ‘‘SEC. 66. APPROVAL TO SELL A LIMITED AMOUNT AVAILABILITY OF FUNDS (A) by inserting ‘‘(1)’’ before ‘‘In order to’’; OF THE FUND’S GOLD. SEC. 1305. No part of any appropriation and ‘‘The Secretary of the Treasury is author- contained in this Act shall remain available (B) by adding at the end the following: ized to instruct the United States Executive for obligation beyond the current fiscal year ‘‘(2) In order to carry out the purposes of a Director of the Fund to vote to approve the unless expressly so provided herein. decision of the Executive Directors of the sale of up to 12,965,649 ounces of the Fund’s This Act may be cited as the ‘‘Supple- International Monetary Fund to expand the gold acquired since the second Amendment mental Appropriations Act, 2009’’. resources of and make other amendments to of the Fund’s Articles of Agreement in April the New Arrangements to Borrow, which was 1978, only if such sales are consistent with SA 1132. Mr. INHOFE (for himself, established pursuant to the decision of Janu- the guidelines agreed to by the Executive Mr. BARRASSO, Mr. BROWNBACK, Mr. ary 27, 1997 referred to in paragraph (1) Board of the Fund described in the Report of DEMINT, Mr. JOHANNS, Mr. ROBERTS, above, the Secretary of the Treasury is au- the Managing Director to the International Mr. THUNE, Mr. VITTER, Mr. SESSIONS, thorized to instruct the United States Exec- Monetary and Financial Committee on a Mr. COBURN, Mrs. HUTCHISON, Mr. BEN- utive Director to consent to such amend- New Income and Expenditure Framework for NETT, Mr. HATCH, and Mr. ENZI) sub- ments, notwithstanding subsection (d) of the International Monetary Fund (April 9, mitted an amendment intended to be this section, and to make loans, in an 2008) to prevent disruption to the world gold proposed by him to the bill H.R. 2346, amount not to exceed the dollar equivalent market. In addition to agreeing to and ac- making supplemental appropriations of 75,000,000,000 Special Drawing Rights, in cepting the amendments referred to in sec- addition to any amounts previously author- tion 64 of this act relating to the use of pro- for the fiscal year ending September 30, ized under this section and limited to such ceeds from the sale of such gold, the U.S. 2009, and for other purposes; which was amounts as are provided in advance in appro- Governor is authorized to take such actions ordered to lie on the table; as follows: priations Acts, except that prior to activa- as may be necessary, including those re- At the appropriate place, insert the fol- tion, the Secretary of the Treasury shall re- ferred to in section 5(e) of this act, to also lowing:

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(a) REPORTS REQUIRED.—Not later the fiscal year ending September 30, or otherwise made available to any depart- than 60 days after the date of the enactment 2009, and for other purposes; as follows: ment or agency of the United States Govern- of this Act and every 90 days thereafter, the On page 30, line 24, strike all after ‘‘Sec. ment by this Act or any other Act may be President shall submit to the members and 314.’’ through page 31, line 3, and insert in obligated or expended for any of the fol- committees of Congress specified in sub- lieu thereof: lowing purposes: section (b) a report on the prisoner popu- (a) IN GENERAL.—Unless otherwise des- (1) To transfer any detainee of the United lation at the detention facility at Guanta- ignated, each amount in this title is des- States housed at Naval Station, Guanta- namo Bay, Cuba. ignated as being for overseas deployments namo Bay, Cuba, to any facility in the (b) SPECIFIED MEMBERS AND COMMITTEES OF and other activities pursuant to sections United States or its territories. CONGRESS.—The members and committees of 401(c)(4) and 423(a) of S. Con. Res. 13 (111th (2) To construct, improve, modify, or oth- Congress specified in this subsection are the Congress), the concurrent resolution on the erwise enhance any facility in the United following: budget for fiscal year 2010. States or its territories for the purpose of (1) The majority leader and minority lead- (b) EXCEPTION.—Subsection (a) shall not housing any detainee described in paragraph er of the Senate. apply to the amount rescinded in section 308 (1). (2) The Chairman and Ranking Member on for ‘‘Operation and Maintenance, Air Force’’. (3) To house or otherwise incarcerate any the Committee on Armed Services of the detainee described in paragraph (1) in the Senate. SA 1138. Mr. DEMINT submitted an United States or its territories. (3) The Chairman and Vice Chairman of the amendment intended to be proposed by Select Committee on Intelligence of the Sen- him to the bill H.R. 2346, making sup- SA 1133. Mr. INOUYE (for himself, ate. plemental appropriations for the fiscal Mr. INHOFE, Mr. SHELBY, Mr. (4) The Speaker of the House of Represent- year ending September 30, 2009, and for BROWNBACK, Mr. ENZI, and Mr. ROB- atives. other purposes; which was ordered to ERTS) proposed an amendment to the (5) The minority leader of the House of Representatives. lie on the table; as follows: bill H.R. 2346, making supplemental ap- Beginning on page 100, strike line 12 and propriations for the fiscal year ending (6) The Chairman and Ranking Member on the Committee on Armed Services of the all that follows through page 107, line 21. September 30, 2009, and for other pur- House of Representatives. poses; as follows: (7) The Chairman and Vice Chairman of the SA 1139. Mr. CORNYN proposed an Strike section 202 and insert the following: Permanent Select Committee on Intelligence amendment to the bill H.R. 2346, mak- SEC. 202. (a)(1) None of the funds appro- of the House of Representatives ing supplemental appropriations for priated or otherwise made available by this (c) MATTERS TO BE INCLUDED.—Each report the fiscal year ending September 30, Act or any prior Act may be used to transfer, required by subsection (a) shall include the 2009, and for other purposes; as follows: release, or incarcerate any individual who following: At the appropriate place, insert the fol- was detained as of May 19, 2009, at Naval Sta- (1) The name and country of origin of each lowing: tion, Guantanamo Bay, Cuba, to or within detainee at the detention facility at Guanta- SEC. ll. SENSE OF THE SENATE. the United States. namo Bay, Cuba, as of the date of such re- (a) FINDINGS.—Congress finds the fol- (2) In this subsection, the term ‘‘United port. lowing: States’’ means the several States and the (2) A current summary of the evidence, in- (1) In the aftermath of the September 11, District of Columbia. telligence, and information used to justify (b) The amount appropriated or otherwise 2001 attacks, there was bipartisan consensus the detention of each detainee listed under that preventing further terrorist attacks on made available by title II for the Depart- paragraph (1) at Guantanamo Bay. ment of Justice for general administration the United States was the most urgent re- (3) A current accounting of all the meas- sponsibility of the United States Govern- under the heading ‘‘SALARIES AND EXPENSES’’ ures taken to transfer each detainee listed ment. is hereby reduced by $30,000,000. under paragraph (1) to the individual’s coun- (c) The amount appropriated or otherwise (2) A bipartisan joint investigation by the try of citizenship or another country. Select Committee on Intelligence of the Sen- made available by title III under the heading (4) A current description of the number of ‘‘OPERATION AND MAINTENANCE, DEFENSE- ate and the Permanent Select Committee on individuals released or transferred from de- Intelligence of the House of Representatives WIDE’’ under paragraph (3) is hereby reduced tention at Guantanamo Bay who are con- by $50,000,000. concluded that the September 11, 2001 at- firmed or suspected of returning to terrorist tacks demonstrated that the intelligence SA 1134. Mr. SHELBY (for himself activities after release or transfer from community had not shown ‘‘sufficient initia- Guantanamo Bay. tive in coming to grips with the new and Mr. ALEXANDER) submitted an (5) An assessment of any efforts by al amendment intended to be proposed by transnational threats’’. Qaeda to recruit detainees released from de- (3) By mid-2002, the Central Intelligence him to the bill H.R. 246, making supple- tention at Guantanamo Bay. Agency had several top al Qaeda leaders in mental appropriations for the fiscal (6) For each detainee listed under para- custody. year ending September 30, 2009, and for graph (1), a threat assessment that in- (4) The Central Intelligence Agency be- other purposes; which was ordered to cludes— lieved that some of these al Qaeda leaders lie on the table; as follows: (A) an assessment of the likelihood that knew the details of imminent plans for fol- such detainee may return to terrorist activ- On page 7, line 25 after the ‘‘.’’ insert the low-on attacks against the United States. ity after release or transfer from Guanta- following: ‘‘SEC. 203 None of the funds appro- (5) The Central Intelligence Agency be- namo Bay; priated in this or any other Act shall be used lieved that certain enhanced interrogation (B) an evaluation of the status of any reha- to carry out any of the Department of Jus- techniques might produce the intelligence bilitation program in such detainee’s coun- tice responsibilities required by Executive necessary to prevent another terrorist at- try of origin, or in the country such detainee Orders 13491, 13492 and 13493.’’ tack against the United States. is anticipated to be transferred to; and (6) The Central Intelligence Agency sought SA 1135. Mr. SHELBY (for himself, (C) an assessment of the risk posed to the legal guidance from the Office of Legal Coun- American people by the release or transfer of Mr. ALEXANDER, Mr. GREGG, Mr. BEN- sel of the Department of Justice as to wheth- such detainee from Guantanamo Bay. er such enhanced interrogation techniques, NETT, Mrs. HUTCHISON, and Mr. VITTER) (d) FORM.—The report required under sub- submitted an amendment intended to including one that the United States mili- section (a), or parts thereof, may be sub- tary uses to train its own members in sur- be proposed by him to the bill H.R. mitted in classified form. vival, evasion, resistance, and escape train- 2346, making supplemental appropria- (e) LIMITATION ON RELEASE OR TRANSFER.— ing, would comply with United States and tions for the fiscal year ending Sep- No detainee detained at the detention facil- international law if used against al Qaeda tember 30, 2009, and for other purposes; ity at Guantanamo Bay, Cuba, as of the date leaders reasonably believed to be planning which was ordered to lie on the table; of the enactment of this Act may be released imminent attacks against the United States. or transferred to another country until the as follows: (7) The Office of Legal Counsel is the prop- President— er authority within the executive branch for On page 4 strike all from line 19 through (1) submits to Congress the first report re- the ‘‘.’’ on page 5, line 5. addressing difficult and novel legal ques- quired by subsection (a); or tions, and providing legal advice to the exec- (2) certifies to the members and commit- utive branch in carrying out official duties. SA 1136. Mr. MCCONNELL proposed tees of Congress specified in subsection (b) an amendment to the bill H.R. 2346, (8) Before mid-2002, no court in the United that such action poses no threat to the mem- States had interpreted the phrases ‘‘severe making supplemental appropriations bers of the United States Armed Forces. physical or mental pain or suffering’’ and for the fiscal year ending September 30, ‘‘prolonged mental harm’’ as used in sections 2009, and for other purposes; as follows: SA 1137. Mr. INOUYE proposed an 2340 and 2340A of title 18, United States Code. On page 31, between lines 3 and 4, insert amendment to the bill H.R. 2346, mak- (9) The legal questions posed by the Cen- the following: ing supplemental appropriations for tral Intelligence Agency and other executive

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5643 branch officials were a matter of first im- for the fiscal year ending September 30, At the appropriate place, insert the fol- pression, and in the words of the Office of 2009, and for other purposes; as follows: lowing: Legal Counsel, ‘‘substantial and difficult’’. At the end of title III, add the following: RELIEF FOR RURAL VETERANS IN CRISIS (10) The Office of Legal Counsel approved SEC. 315. (a) FINDINGS.—The Senate makes PROGRAM the use by the Central Intelligence Agency of the following findings: For an additional amount for making certain enhanced interrogation techniques, (1) In response to written questions from grants under section 1820(g)(6) of the Social with specific limitations, in seeking action- the April 30, 2009, hearing of the Committee Security Act (42 U.S.C. 1395i–4(g)(6)), able intelligence from al Qaeda leaders. on Appropriations of the Senate, the Sec- $20,000,000 to remain available until ex- (11) The legal advice of the Office of Legal retary of Defense stated that— pended: Provided, That the amount of Counsel regarding interrogation policy was (A) in order to implement the Executive $1,500,000,000 under the heading ‘‘Pandemic reviewed by a host of executive branch offi- Order of the President to close the detention Preparedness and Response’’ under the head- cials, including the Attorney General, the facility at Naval Station Guantanamo Bay, ing ‘‘National Security Council’’ under the Counsel to the President, the Deputy Coun- Cuba, ‘‘it is likely that we will need a facil- heading ‘‘EXECUTIVE OFFICE OF THE sel to the President, the General Counsel of PRESIDENT AND FUNDS APPROPRIATED the Central Intelligence Agency, the General ity or facilities in the United States in which to house’’ detainees; and TO THE PRESIDENT’’ under title V shall be Counsel of the National Security Council, reduced by $20,000,000 and each of the the legal advisor of the Attorney General, (B) ‘‘[p]ending the final decision on the dis- position of those detainees, the Department amounts to be transferred under such head- the head of the Criminal Division of the De- ing ‘‘Pandemic Preparedness and Response’’ partment of Justice, and the Counsel to the has not contacted state and local officials about the possibility of transferring detain- shall be reduced by its proportional share of Vice President. the amount of such reduction. (12) The majority and minority leaders in ees to their locations’’. (2) The Senate specifically recognized the both Houses of Congress, the Speaker of the SA 1143. Mr. RISCH (for himself, Mr. House of Representatives, and the chairmen concerns of local communities in a 2007 reso- lution, adopted by the Senate on a 94–3 vote, CORNYN, and Mr. BOND) submitted an and vice chairmen of the Select Committee amendment intended to be proposed by on Intelligence of the Senate and the Perma- stating that ‘‘detainees housed at Guanta- nent Select Committee on Intelligence of the namo should not be released into American him to the bill H.R. 2346, making sup- House of Representatives received classified society, nor should they be transferred state- plemental appropriations for the fiscal briefings on the legal analysis by the Office side into facilities in American communities year ending September 30, 2009, and for of Legal Counsel and the proposed interroga- and neighborhoods’’. other purposes; which was ordered to tion program of the Central Intelligence (3) To date, members of the congressional lie on the table; as follows: delegations of sixteen States have sponsored Agency as early as September 4, 2002. At the appropriate in title III, insert the legislation seeking to prohibit the transfer (13) Porter Goss, then-chairman of the Per- following: manent Select Committee on Intelligence of to their respective States and congressional NATIONAL GUARD AND RESERVE EQUIPMENT the House of Representatives, recalls that he districts, or other locations in the United and then-ranking member Nancy Pelosi ‘‘un- States, of detainees at Naval Station Guan- For an additional amount for ‘‘National derstood what the CIA was doing’’, ‘‘gave the tanamo Bay Guard and Reserve Equipment’’, CIA our bipartisan support’’, ‘‘gave the CIA (4) Legislatures and local governments in $2,000,000,000, to remain available for obliga- funding to carry out its activities’’, and ‘‘On several States have adopted measures an- tion until September 30, 2010: Provided, That a bipartisan basis . . . asked if the CIA need- nouncing their opposition to housing detain- the Chief of the National Guard Bureau and ed more support from Congress to carry out ees at Naval Station Guantanamo Bay in an appropriate official for each of other re- its mission against al-Qaeda’’. their respective States and localities. serve components of the Armed Forces each (14) No member of Congress briefed on the (b) SENSE OF SENATE.—It is the sense of the shall, not later than 30 days after the date of legal analysis of the Office of Legal Counsel Senate that the Secretary of Defense should the enactment of this Act, submit to the and the proposed interrogation program of consult with State and local government of- Committee on Armed Services and the Com- the Central Intelligence Agency in 2002 ob- ficials before making any decision about mittee on Appropriations of the Senate and jected to the legality of the enhanced inter- where detainees at Naval Station Guanta- the Committee on Armed Services and the rogation techniques, including namo Bay, Cuba, might be transferred, Committee on Appropriations of the House ‘‘waterboarding’’, approved in legal opinions housed, or otherwise incarcerated as a result of Representatives a report on the mod- of the Office of Legal Counsel. of the implementation of the Executive ernization priority assessment for the Na- (15) Using all lawful means to secure ac- Order of the President to close the detention tional Guard and for the other reserve com- tionable intelligence based on the legal guid- facilities at Naval Station Guantanamo Bay. ponents of the Armed Forces, respectively: ance of the Office of Legal Counsel provides Provided further, That the amount under this national leaders a means to detect, deter, SA 1141. Ms. LANDRIEU (for herself, heading is designated as an emergency re- and defeat further terrorist acts against the Mrs. HUTCHISON, and Mr. HARKIN) sub- quirement and as necessary to meet emer- United States. mitted an amendment intended to be gency needs pursuant to sections 403(a) and (16) The enhanced interrogation techniques proposed by her to the bill H.R. 2346, 423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fis- approved by the Office of Legal Counsel making supplemental appropriations have, in fact, accomplished the goal of pro- cal year 2010. for the fiscal year ending September 30, (RESCISSIONS) viding intelligence necessary to defeating 2009, and for other purposes; which was additional terrorist attacks against the (a) IN GENERAL.—Of the discretionary United States. ordered to lie on the table; as follows: amounts (other than the amounts described (17) Congress has previously established a At the end of title XII, add the following: in subsection (b)) made available by the defense for persons who engaged in oper- SEC. 1205. REDEVELOPMENT OF HOMES. American Recovery and Reinvestment Act of ational practices in the war on terror in good Section 2301(c)(3) of the Housing and Eco- 2009 (123 Stat. 115; Public Law 111–5) that are faith reliance on advice of counsel that the nomic Recovery Act of 2008 (42 U.S.C. 5301 unobligated as the the date of enactment of practices were lawful. note) is amended— this Act, $2,000,000,000 is hereby rescinded. (18) The Senate stands ready to work with (1) in subparagraph (C), by adding a semi- (b) EXCEPTION.—The rescission in sub- the Obama Administration to ensure that colon at the end; section (a) shall not apply to amounts made leaders of the Armed Forces of the United (2) in subparagraph (D), by striking ‘‘and’’ available by division A of the American Re- States and the intelligence community con- at the end; covery and Reinvestment Act of 2009 as fol- tinue to have the resources and tools re- (3) in subparagraph (E), by striking the pe- lows: quired to prevent additional terrorist at- riod at the end and inserting ‘‘; and’’; and (1) Under title III, relating to the Depart- tacks on the United States. (4) by adding at the end the following: ment of Defense. (b) SENSE OF SENATE.—It is the sense of the ‘‘(F) redevelop properties damaged or de- (2) Under title VI, relating to the Depart- Senate that no person who provided input stroyed during the period beginning on Janu- ment of Homeland Security. into the legal opinions by the Office of Legal ary 1, 2004, and ending on December 31, 2008, (3) Under title X, relating to Military Con- Counsel of the Department of Justice ana- by a major disaster (as defined in section 102 struction and Veterans and Related Agen- lyzing the legality of the enhanced interro- of the Robert T. Stafford Disaster Relief and cies. gation program, nor any person who relied in Emergency Assistance Act (42 U.S.C. 5122)).’’. (c) ADMINISTRATION.—Not later than 30 good faith on those opinions, nor any mem- days after the date of the enactment of this ber of Congress who was briefed on the en- SA 1142. Mr. BAUCUS submitted an Act, the Director of the Office of Manage- hanced interrogation program and did not amendment intended to be proposed by ment and Budget shall— object to the program going forward should him to the bill H.R. 2346, making sup- (1) administer the rescission specified in be prosecuted or otherwise sanctioned. subsection (a); and plemental appropriations for the fiscal (2) submit to the Committee on Appropria- SA 1140. Mr. BROWNBACK proposed year ending September 30, 2009, and for tions of the Senate and the Committee on an amendment to the bill H.R. 2346, other purposes; which was ordered to Appropriations of the House of Representa- making supplemental appropriations lie on the table; as follows: tives a report specifying the account and the

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5644 CONGRESSIONAL RECORD — SENATE May 19, 2009 amount of each reduction made pursuant to (d) ASYLUM INELIGIBILITY.—Section The PRESIDING OFFICER. Without the rescission in subsection (a). 208(a)(2) of the Immigration and Nationality objection, it is so ordered. Act (8 U.S.C. 1158(a)(2)) is amended by adding COMMITTEE ON ENVIRONMENT AND PUBLIC SA 1144. Mr. CHAMBLISS (for him- at the end the following: WORKS self, Mr. ISAKSON, and Mr. BURR) sub- ‘‘(E) GUANTANAMO BAY DETAINEES.—Para- mitted an amendment intended to be graph (1) shall not apply to any alien who, as Ms. LANDRIEU. Mr. President, I ask proposed by him to the bill H.R. 2346, of January 1, 2009, was being detained by the unanimous consent that the Com- making supplemental appropriations Department of Defense at Guantanamo Bay mittee on Environment and Public for the fiscal year ending September 30, Naval Base.’’. Works be authorized to meet during (e) MANDATORY DETENTION OF ALIENS FROM 2009, and for other purposes; which was the session of the Senate on Tuesday, GUANTANAMO BAY NAVAL BASE.—Section ordered to lie on the table; as follows: May 19, 2009, at 10 a.m. in room 406 of 236(c)(1) of the Immigration and Nationality the Dirksen Senate Office Building. On page 7, line 25, strike the period at the Act (8 U.S.C. 1226(c)(1)) is amended— end and insert ‘‘and, in order for the Depart- (1) in each of subparagraphs (A) and (B), by The PRESIDING OFFICER. Without ment of Justice to carry out the responsibil- striking the comma at the end and inserting objection, it is so ordered. ities required by Executive Orders 13491, a semicolon; COMMITTEE ON FOREIGN RELATIONS 13492, and 13493, it is necessary to enact the (2) in subparagraph (C), by striking ‘‘, or’’ Ms. LANDRIEU. Mr. President, I ask amendments made by section 203. and inserting a semicolon; unanimous consent that the Com- SEC. 203. IMMIGRATION LIMITATIONS FOR GUAN- (3) in subparagraph (D), by striking the mittee on Foreign Relations be author- TANAMO BAY NAVAL BASE DETAIN- comma at the end and inserting ‘‘; or’’; and ized to meet during the session of the EES. (4) by inserting after subparagraph (D) the (a) SHORT TITLE.—This section may be Senate on Tuesday, May 19, 2009, at 10 following: cited as the ‘‘Protecting America’s Commu- ‘‘(A) as of January 1, 2009, was being de- a.m. nities Act’’. tained by the Department of Defense at The PRESIDING OFFICER. Without (b) INELIGIBILITY FOR ADMISSION OR PA- objection, it is so ordered. ROLE.—Section 212 of the Immigration and Guantanamo Bay Naval Base.’’. Nationality Act (8 U.S.C. 1182) is amended— (f) STATEMENT OF AUTHORITY.— COMMITTEE ON FOREIGN RELATIONS (1) in subsection (a)(3), by adding at the (1) IN GENERAL.—Congress reaffirms that— Ms. LANDRIEU. Mr. President, I ask end the following: (A) the United States is in an armed con- unanimous consent that the Com- flict with al Qaeda, the Taliban, and associ- ‘‘(G) GUANTANAMO BAY DETAINEES.—An mittee on Foreign Relations be author- ated forces; and alien who, as of January 1, 2009, was being ized to meet during the session of the detained by the Department of Defense at (B) the entities referred to in subparagraph (A) continue to pose a threat to the United Senate on Tuesday, May 19, 2009, at 2 Guantanamo Bay Naval Base, is inadmis- p.m., to hold a hearing entitled ‘‘Path- sible.’’; and States and its citizens, both domestically (2) in subsection (d)— and abroad. ways to a ‘Green’ Global Economic Re- (A) in paragraph (1), by inserting ‘‘or (2) AUTHORITY.—Congress reaffirms that covery.’’ (5)(B)’’; and the President is authorized to detain enemy The PRESIDING OFFICER. Without (B) in paragraph (5)(B), by adding at the combatants in connection with the con- objection, it is so ordered. tinuing armed conflict with al Qaeda, the end the following: ‘‘The Attorney General COMMITTEE ON HEALTH, EDUCATION, LABOR, Taliban, and associated forces until the ter- may not parole any alien who, as of January AND PENSIONS 1, 2009, was being detained by the Depart- mination of such conflict, regardless of the place at which they are captured. Ms. LANDRIEU. Mr. President, I ask ment of Defense at Guantanamo Bay Naval unanimous consent that the Com- Base.’’. (3) RULE OF CONSTRUCTION.—The authority (c) DETENTION AUTHORITY.—Section 241(a) described in this subsection may not be con- mittee on Health, Education, Labor, of the Immigration and Nationality Act (8 strued to alter or limit the authority of the and Pensions be authorized to meet U.S.C. 1231(a)) is amended— President under the Constitution of the during the session of the Senate on (1) by striking ‘‘Attorney General’’ each United States to detain enemy combatants Tuesday, May 19, 2009 at 2:30 p.m. in place it appears, except for the first ref- in the continuing armed conflict with al room 430 of the Dirksen Senate office erence in paragraph (4)(B)(i), and inserting Qaeda, the Taliban, and associated forces, or building. ‘‘Secretary of Homeland Security’’; and in any other armed conflict. The PRESIDING OFFICER. Without (2) by adding at the end the following: f ‘‘(8) GUANTANAMO BAY DETAINEES.— objection, it is so ordered. ‘‘(A) CERTIFICATION REQUIREMENT.—An AUTHORITY FOR COMMITTEES TO SUBCOMMITTEE ON ANTITRUST, COMPETITION alien ordered removed who, as of January 1, MEET POLICY, AND CONSUMER RIGHTS 2009, was being detained by the Department Ms. LANDRIEU. Mr. President, I ask COMMITTEE ON ARMED SERVICES of Defense at Guantanamo Bay Naval Base, unanimous consent that the Senate shall be detained for an additional 6 months Ms. LANDRIEU. Mr. President, I ask unanimous consent that the Com- Committee on the Judiciary, Sub- beyond the removal period (including any ex- committee on Antitrust, Competition tension under paragraph (1)(C)) if the Sec- mittee on Armed Services be author- retary of Homeland Security certifies that— ized to meet during the session of the Policy, and Consumer Rights, be au- ‘‘(i) the alien cannot be removed due to the Senate on Tuesday, May 19, 2009, at 9:30 thorized to meet during the session of refusal of all countries designated by the a.m. the Senate, to conduct a hearing enti- alien or under this section to receive the The PRESIDING OFFICER. Without tled ‘‘The Discount Pricing Consumer alien; and objection, it is so ordered. Protection Act: Do We Need to Restore ‘‘(ii) the Secretary is making reasonable COMMITTEE ON COMMERCE, SCIENCE, AND the Ban on Vertical Price Fixing?’’ on efforts to find alternative means for remov- TRANSPORTATION Tuesday, May 19, 2009, at 2:30 p.m., in ing the alien. room SD–226 of the Dirksen Senate of- ‘‘(B) RENEWAL AND DELEGATION OF CERTIFI- Ms. LANDRIEU. Mr. President, I ask CATION.— unanimous consent that the Com- fice building. ‘‘(i) RENEWAL.—The Secretary may renew a mittee on Commerce, Science, and The PRESIDING OFFICER. Without certification under subparagraph (A) without Transportation be authorized to meet objection, it is so ordered. limitation after providing the alien with an during the session of the Senate on SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHT opportunity to— Tuesday, May 19, 2009, at 11 a.m., in AND THE COURTS ‘‘(I) request reconsideration of the certifi- room 253 of the Russell Senate Office Ms. LANDRIEU. Mr. President, I ask cation; and unanimous consent that the Senate ‘‘(II) submit documents or other evidence Building. in support of the reconsideration request. The PRESIDING OFFICER. Without Committee on the Judiciary, Sub- ‘‘(ii) DELEGATION.—Notwithstanding sec- objection, it is so ordered. committee on Administrative Over- tion 103, the Secretary may not delegate the COMMITTEE ON ENERGY AND NATURAL sight and the Courts, be authorized to authority to make or renew a certification RESOURCES meet during the session of the Senate, under this paragraph to an official below the Ms. LANDRIEU. Mr. President, I ask to conduct a hearing entitled ‘‘Lev- level of the Assistant Secretary for Immigra- unanimous consent that the Com- eling the Playing Field and Protecting tion and Customs Enforcement. mittee on Energy and Natural Re- Americans: Holding Foreign Manufac- ‘‘(C) INELIGIBILITY FOR BOND OR PAROLE.— sources be authorized to meet during turers Accountable’’ on Tuesday, May No immigration judge or official of United States Immigration and Customs Enforce- the session of the Senate to conduct a 19, 2009, at 10 a.m., in room SD–226 of ment may release from detention on bond or business meeting on Tuesday, May 19, the Dirksen Senate office building. parole any alien described in subparagraph 2009, at 2:15 p.m., in room SD–366 of the The PRESIDING OFFICER. Without (A).’’. Dirksen Senate Office Building. objection, it is so ordered.

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5645 SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT The PRESIDING OFFICER. The press that is classified as ‘‘Not Free’’ or MANAGEMENT, THE FEDERAL WORKFORCE, clerk will report the bill by title. ‘‘Partly Free’’; AND THE DISTRICT OF COLUMBIA The assistant legislative clerk read Whereas the Government of the United Ms. LANDRIEU. Mr. President, I ask as follows: Kingdom, of France, and of Germany run unanimous consent that the Com- stand-alone public diplomacy facilities A bill (H.R. 131) to establish the Ronald throughout the world, which are known as mittee on Homeland Security and Gov- Reagan Centennial Commission. ernmental Affairs’ Subcommittee on the British Council, the Alliance Francaise, and the Goethe Institute, respectively; Oversight of Government Management, There being no objection, the Senate proceeded to consider the bill. Whereas these government-run facilities the Federal Workforce, and the Dis- teach the national languages of their respec- trict of Columbia be authorized to Mr. REID. I ask unanimous consent the bill be read a third time, passed, tive countries, offer libraries, newspapers, meet during the session of the Senate and periodicals, sponsor public lecture and on Tuesday, May 19, 2009, at 2:30 p.m., the motion to reconsider be laid on the film series that engage local audiences in to conduct a hearing entitled, ‘‘Public table, and that any statements relating dialogues that foster better understandings Health Challenges in Our Nation’s Cap- to this matter be printed in the between these countries and create an envi- ital.’’ RECORD. ronment promoting greater trust and open- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without ness; objection, it is so ordered. objection, it is so ordered. Whereas the United States has historically operated similar facilities, known as Amer- SELECT COMMITTEE ON INTELLIGENCE The bill (H.R. 131) was ordered to be ican Centers, which— Ms. LANDRIEU. Mr. President, I ask read a third time, was read the third unanimous consent that the Select time, and passed. (1) offered classes in English, extensive li- braries housing collections of American lit- Committee on Intelligence be author- f ized to meet during the session of the erature, history, economics, business, and Senate on Tuesday, May 19, 2009, at 2:30 EXPRESSING THE IMPORTANCE OF social studies, and reading rooms offering p.m. PUBLIC DIPLOMACY the latest American newspapers, periodicals, and academic journals; The PRESIDING OFFICER. Without Mr. REID. I ask unanimous consent objection, it is so ordered. that we now proceed to Calendar No. (2) hosted visiting American speakers and f 56, S. Res. 49. scholars on these topics; and PRIVILEGES OF THE FLOOR The PRESIDING OFFICER. The (3) ran United States film series on topics clerk will report the resolution by related to American values; Mr. COCHRAN, Mr. President, I ask title. Whereas in societies in which freedom of unanimous consent that Lauren Frese The assistant legislative clerk read speech, freedom of the press, or local invest- and Tom Osterhoudt, who are detailees as follows: ment in education were minimal, American assigned to the Committee on Appro- Centers provided vital outposts of informa- priations, be granted floor privileges A resolution (S. Res. 49) to express the tion for citizens throughout the world, giv- during consideration of the fiscal year sense of the Senate regarding the importance ing many of them their only exposure to un- of public diplomacy. 2009 supplemental appropriations bill. censored information about the United The PRESIDING OFFICER. Without There being no objection, the Senate States; Objection, it is so ordered. proceeded to consider the resolution. Whereas this need for uncensored informa- Mr. REID. I ask unanimous consent tion about the United States has accelerated f that the resolution be agreed to, the as more foreign governments have restricted EXECUTIVE SESSION Internet access or blocked Web sites viewed preamble be agreed to, the motion to as hostile to their political regimes; reconsider be laid on the table, and Whereas following the end of the Cold War EXECUTIVE CALENDAR that any statements relating to this and the attacks on United States embassies resolution be printed in the RECORD. in Kenya and Tanzania, budgetary and secu- Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without rity pressures resulted in the drastic imous consent that the Senate proceed objection, it is so ordered. downsizing or closure of most of the Amer- to executive session to consider Cal- The resolution (S. Res. 49) was agreed ican Centers; endar Nos. 94, 95, 98, and 152; that the to. Whereas beginning in 1999, American Cen- nominations be confirmed en bloc, the ters began to be renamed Information Re- The preamble was agreed to. source Centers and relocated primarily in- motions to reconsider be laid upon the The resolution, with its preamble, table, no further motions be in order side United States embassy compounds; reads as follows: Whereas of the 177 Information Resource and that any statements be printed in S. RES. 49 Centers operating in February 2009, 87, or 49 the RECORD; that the President be im- Whereas public diplomacy is the conduct of percent, operate on a ‘‘By Appointment mediately notified of the Senate’s ac- Only’’ basis and 18, or 11 percent, do not per- tion and the Senate resume legislative foreign relations directly with the average citizen of a country, rather than with offi- mit any public access; session. cials of a country’s foreign ministry; Whereas Information Resource Centers lo- The PRESIDING OFFICER. Without Whereas public diplomacy is commonly cated outside United States embassy com- objection, it is so ordered. conducted through people-to-people ex- pounds receive significantly more visitors The nominations considered and con- changes in which experts, authors, artists, than those inside such compounds, including firmed en bloc are as follows: educators, and students interact with their twice the number of visitors in Africa, 6 times more visitors in the Middle East, and DEPARTMENT OF ENERGY peers in other countries; 22 times more visitors in Asia; and Kristina M. Johnson, of Maryland, to be Whereas effective public diplomacy pro- motes free and unfiltered access to informa- Whereas Iran has increased the number of Under Secretary of Energy. similar Iranian facilities, known as Iranian Steven Elliot Koonin, of California, to be tion about the United States through books, Cultural Centers, to about 60 throughout the Under Secretary for Science, Department of newspapers, periodicals, and the Internet; world: Now, therefore, be it Energy. Whereas public diplomacy requires a will- Scott Blake Harris, of Virginia, to be Gen- ingness to discuss all aspects of society, Resolved, That— eral Counsel of the Department of Energy. search for common values, foster a long-term (1) the Secretary of State should initiate a DEPARTMENT OF THE INTERIOR bilateral relationship based on mutual re- reexamination of the public diplomacy plat- Larry J. Echo Hawk, of Utah, to be an As- spect, and recognize that certain areas of form strategy of the United States with a sistant Secretary of the Interior. disagreement may remain unresolved on a goal of reestablishing publicly accessible Mr. REID. Are we now in a period of short term basis; American Centers; morning business? Whereas a BBC World Service poll pub- (2) after taking into account relevant secu- The PRESIDING OFFICER. The ma- lished in February 2009 that involved 13,000 rity considerations, the Secretary of State jority leader is correct. respondents in 21 countries found that while should consider placing United States public 40 percent of the respondents had a positive diplomacy facilities at locations conducive f view of the United States, 43 percent had a to maximizing their use, consistent with the RONALD REAGAN CENTENNIAL negative view of the United States; authority given to the Secretary under sec- COMMISSION ACT Whereas Freedom House’s 2008 Global tion 606(a)(2)(B) of the Secure Embassy Con- Press Freedom report notes that 123 coun- struction and Counterterrorism Act of 1999 Mr. REID. I ask unanimous consent tries (66 percent of the world’s countries and (22 U.S.C. 4865(a)(2)(B)) to waive certain re- that the Senate proceed to H.R. 131. 80 percent of the world’s population) have a quirements of that Act.

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5646 CONGRESSIONAL RECORD — SENATE May 19, 2009 70TH ANNIVERSARY OF THE Netherlands, Belgium, and France. (4) recognizes the 70th anniversary of the TRAGEDY OF THE M.S. ST. LOUIS World War II started 3 months later M.S. St. Louis tragedy as an opportunity for and those countries, with the exception public officials and educators to raise aware- Mr. REID. I ask unanimous consent ness about an important historical event, that the Judiciary Committee be dis- of Great Britain, fell to Nazi occupa- tion. Two hundred and fifty-four of the lessons of which are relevant to current charged from consideration of S. Res. and future generations. 111 and the Senate proceed to its con- those passengers died during the Holo- sideration caust and many others suffered under f The PRESIDING OFFICER. Without Nazi persecution and in concentration objection, it is so ordered. camps. HONORING THE ENTREPRE- S. Res. 111 acknowledges the 70th an- The clerk will report the resolution NEURIAL SPIRIT OF SMALL niversary of the return voyage of the by title. BUSINESS The assistant legislative clerk read M.S. St. Louis and honors the memory of those passengers including the 254 Mr. REID. Mr. President, I now ask as follows: who died during the Holocaust. The St. unanimous consent that the Senate A resolution (S. Res. 111) recognizing June Louis is only one tragedy out of mil- proceed to the consideration of S. Res. 6, 2009, as the 70th anniversary of the tragic date when the M.S. St. Louis, a ship carrying lions from that time, but seventy years 154. Jewish refugees from Nazi Germany, re- later, it still haunts us as a nation and The PRESIDING OFFICER. The turned to Europe after its passengers were deserves recognition. clerk will report the resolution by refused admittance to the United States. Mr. REID. I ask unanimous consent title. There being no objection, the Senate that the resolution be agreed to, the The assistant legislative clerk read proceeded to consider the resolution. preamble be agreed to, the motion to as follows: Mr. KOHL. Mr. President, today the reconsider be laid upon the table, with A resolution (S. Res. 154) honoring the en- Senate remembers a moment in history no intervening action or debate, and trepreneurial spirit of small business con- when the United States failed to pro- any statements relating to this matter cerns in the United States during National vide refuge to slightly more than 900 be printed in the RECORD. Small Business Week, beginning May 17, 2009. individuals fleeing religious and racial The PRESIDING OFFICER. Without persecution in Nazi Germany. S. Res. objection, it is so ordered. There being no objection, the Senate The resolution (S. Res. 111) was 111 acknowledges the 70th anniversary proceeded to consider the resolution. agreed to. Mr. REID. Mr. President, I ask unan- of the date, June 6, 1939, when the M.S. The preamble was agreed to. St. Louis, a German ocean liner, started imous consent that the resolution be The resolution, with its preamble, agreed to, the preamble be agreed to, its return voyage to Europe with near- reads as follows: ly all of its original passengers. Later, the motions to reconsider be laid upon S. RES. 111 over 250 of those individuals would per- the table, there be no intervening ac- Whereas on May 13, 1939, the ocean liner ish in the Holocaust. tion or debate, and any statements re- M.S. St. Louis departed from Hamburg, Ger- lating to this matter be printed in the The story starts on May 13, 1939, many for Havana, Cuba with 937 passengers, RECORD. when the M.S. St. Louis sailed from most of whom were Jewish refugees fleeing Hamburg, Germany, to Havana, Cuba Nazi persecution; The PRESIDING OFFICER. Without with 937 passengers, mostly Jewish ref- Whereas the Nazi regime in Germany in objection, it is so ordered. ugees, searching for freedom and safe- the 1930s implemented a program of violent The resolution (S. Res. 154) was ty. State-supported antiSemitism in- persecution of Jews; agreed to. cluding violent pogroms, expulsion Whereas the Kristallnacht, or Night of The preamble was agreed to. Broken Glass, pogrom of November 9 from public schools and services, and The resolution, with its preamble, through 10, 1938, signaled an increase in vio- reads as follows: arrest and imprisonment solely be- lent anti-Semitism; cause of Jewish heritage forced those Whereas after the Cuban Government, on S. RES. 154 passengers to leave their homes. May 27, 1939, refused entry to all except 28 Whereas the approximately 27,200,000 small When the M.S. St. Louis arrived in passengers on board the M.S. St. Louis, the business concerns in the United States are Havana, the Cuban Government al- M.S. St. Louis proceeded to the coast of the driving force behind the Nation’s econ- lowed only 28 passengers to disembark. south Florida in hopes that the United omy, creating more than 93 percent of all net Corruption and political maneuvering States would accept the refugees; new jobs and generating more than 50 per- cent of the Nation’s non-farm gross domestic within the Cuban Government invali- Whereas the United States refused to allow the M.S. St. Louis to dock and thereby pro- product; dated the transit visas of the other pas- vide a haven for the Jewish refugees; Whereas small businesses play an integral sengers. Before returning to Europe, Whereas the Immigration Act of 1924 role in rebuilding the Nation’s economy; the ship sailed toward Miami hoping placed strict limits on immigration; Whereas Congress has emphasized the im- for a solution. The ship sailed so close Whereas a United States Coast Guard cut- portance of small businesses by improving to Florida that the passengers could ter patrolled near the M.S. St. Louis to pre- access to capital through the American Re- see the lights of Miami. One survivor vent any passengers from jumping to free- covery and Reinvestment Act of 2009; remembers his father commenting that dom; Whereas small business concerns are the Nation’s innovators, serving to advance ‘‘Florida’s golden shores, so near, Whereas following denial of admittance of the passengers to Cuba, the United States, technology and productivity; might as well be 4,000 miles away for and Canada, the M.S. St. Louis set sail on Whereas small business concerns represent all the good it did them.’’ June 6, 1939, for return to Antwerp, Belgium 97 percent of all exporters and produce 29 The U.S. Immigration and Nation- with the refugees; and percent of exported goods; ality Act of 1924 strictly limited the Whereas 254 former passengers of the M.S. Whereas Congress established the Small number of immigrants admitted to the St. Louis died under Nazi rule: Now, there- Business Administration in 1953 to aid, coun- United States each year and in 1939 the fore, be it sel, assist, and protect the interests of small waiting list for German-Austrian im- Resolved, That the Senate— business concerns in order to preserve free (1) recognizes that June 6, 2009, marks the and competitive enterprise, to ensure that a migration was several years long. 70th anniversary of the tragic date when the fair proportion of the total purchases, con- While the press and citizens were large- M.S. St. Louis returned to Europe after its tracts, and subcontracts for property and ly sympathetic to the passengers’ passengers were refused admittance to the services for the Federal Government are plight, no extraordinary measures were United States and other countries in the placed with small business concerns, to taken to permit the refugees to enter Western Hemisphere; make certain that a fair proportion of the the United States. The passengers were (2) honors the memory of the 937 refugees total sales of Government property are made told that they must ‘‘await their turns aboard the M.S. St. Louis, most of whom to such small business concerns, and to on the waiting list and qualify for and were Jews fleeing Nazi oppression, and 254 of maintain and strengthen the overall econ- whom subsequently died during the Holo- omy of the Nation; obtain immigration visas.’’ caust; Whereas the Small Business Administra- On June 6, 1939, the M.S. St. Louis (3) acknowledges the suffering of those ref- tion has helped small business concerns with sailed back to Europe with nearly all of ugees caused by the refusal of the United access to critical lending opportunities, pro- its original passengers. The passengers States, Cuban, and Canadian governments to tected small business concerns from exces- obtained refuge in Great Britain, the provide them political asylum; and sive Federal regulatory enforcement, played

VerDate Nov 24 2008 06:04 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S19MY9.REC S19MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 19, 2009 CONGRESSIONAL RECORD — SENATE S5647 a key role in ensuring full and open competi- (D) reforms to the disaster loan program of ADJOURNMENT UNTIL 9:30 A.M. tion for Government contracts, and im- the Small Business Administration are im- TOMORROW proved the economic environment in which plemented as quickly as possible; small business concerns compete; (E) tax policy spurs small business growth, Mr. REID. Mr. President, if there is Whereas for over 50 years, the Small Busi- creates jobs, and increases competitiveness; no further business to come before the ness Administration has helped millions of (F) the Federal Government reduces the Senate, I ask unanimous consent that entrepreneurs achieve the American dream regulatory compliance burden on small busi- it stand adjourned under the previous of owning a small business concern and has nesses; and order. played a key role in fostering economic (G) broader health reforms efforts address There being no objection, the Senate, growth; and the specific needs of small businesses and the self-employed in providing quality and af- at 7:33 p.m., adjourned until Wednes- Whereas the President has designated the day, May 20, 2009, at 9:30 a.m. week beginning May 17, 2009, as ‘‘National fordable health insurance coverage to their employees. Small Business Week’’: Now, therefore, be it f Resolved, That the Senate— f (1) honors the entrepreneurial spirit of ORDERS FOR WEDNESDAY, MAY 20, NOMINATIONS small business concerns in the United States 2009 Executive nomination received by during National Small Business Week, begin- the Senate: ning May 17, 2009; Mr. REID. Mr. President, I ask unan- (2) applauds the efforts and achievements imous consent that when the Senate DEPARTMENT OF STATE of the owners of small business concerns and completes its business today, it ad- PHILIP L. VERVEER, OF THE DISTRICT OF COLUMBIA, their employees, whose hard work and com- journ until 9:30 a.m. tomorrow, May 20; FOR THE RANK OF AMBASSADOR DURING HIS TENURE OF SERVICE AS DEPUTY ASSISTANT SECRETARY OF STATE mitment to excellence have made them a that following the prayer and pledge, FOR INTERNATIONAL COMMUNICATIONS AND INFORMA- key part of the Nation’s economic vitality; the Journal of proceedings be approved TION POLICY IN THE BUREAU OF ECONOMIC, ENERGY, AND BUSINESS AFFAIRS AND U.S. COORDINATOR FOR (3) recognizes the work of the Small Busi- to date, the morning hour be deemed INTERNATIONAL COMMUNICATIONS AND INFORMATION ness Administration and its resource part- expired, the time for the two leaders be POLICY. ners in providing assistance to entrepreneurs reserved for their use later in the day, and small business concerns; and and the Senate resume consideration of f (4) strongly urges the President to take H.R. 2346, the supplemental appropria- steps to ensure that— CONFIRMATIONS (A) the applicable procurement goals for tions bill, as provided for under the previous order. Executive nominations confirmed by small business concerns, including the goals the Senate, Tuesday, May 19, 2009: for small business concerns owned and con- The PRESIDING OFFICER. Without trolled by service-disabled veterans, small objection, it is so ordered. COMMODITY FUTURES TRADING COMMISSION business concerns owned and controlled by f GARY GENSLER, OF MARYLAND, TO BE A COMMIS- women, HUBZone small business concerns, SIONER OF THE COMMODITY FUTURES TRADING COMMIS- PROGRAM SION FOR A TERM EXPIRING APRIL 13, 2012. and socially and economically disadvantaged GARY GENSLER, OF MARYLAND, TO BE CHAIRMAN OF small business concerns, are reached by all Mr. REID. Mr. President, under the THE COMMODITY FUTURES TRADING COMMISSION. Federal agencies; previous order, there will be up to 2 DEPARTMENT OF ENERGY (B) guaranteed loans, microloans, and ven- hours for debate in relation to the KRISTINA M. JOHNSON, OF MARYLAND, TO BE UNDER ture capital, for start-up and growing small Inouye amendment regarding funding SECRETARY OF ENERGY. business concerns, are made available to all with respect to detainees at the Naval STEVEN ELLIOT KOONIN, OF CALIFORNIA, TO BE qualified small business concerns; UNDER SECRETARY FOR SCIENCE, DEPARTMENT OF EN- Station in Guantanamo Bay, Cuba, ERGY. (C) the management assistance programs prior to a vote in relation to the SCOTT BLAKE HARRIS, OF VIRGINIA, TO BE GENERAL delivered by resource partners on behalf of COUNSEL OF THE DEPARTMENT OF ENERGY. amendment. Senators should expect the Small Business Administration, such as DEPARTMENT OF THE INTERIOR the first vote of the day to begin small business development centers, wom- LARRY J. ECHO HAWK, OF UTAH, TO BE AN ASSISTANT en’s business centers, veterans business out- around 11:30 a.m. tomorrow. Under rule SECRETARY OF THE INTERIOR. reach centers, and the Service Corps of Re- XXII, the filing deadline for first-de- THE ABOVE NOMINATIONS WERE APPROVED SUBJECT TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- tired Executives, are provided with the Fed- gree amendments to H.R. 2346 is 1 p.m. QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY eral resources necessary to do their jobs; tomorrow. CONSTITUTED COMMITTEE OF THE SENATE.

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RECOGNIZING THE MID AMERICA sion of his retirement from The Family Chris- RECOGNIZING THE INPATIENT CROPLIFE ASSOCIATION 50TH AN- tian Association of America, Inc (FCAA) as the REHABCARE TEAM AT THE VIR- NIVERSARY Founder and President/CEO. Mr. Williams can GINIA REGIONAL MEDICAL CEN- look back on a proud career of service and TER HON. PETER J. ROSKAM distinction in community leadership. OF ILLINOIS A native of Arcadia, Florida, Mr. Williams IN THE HOUSE OF REPRESENTATIVES moved to South Florida at an early age. He HON. JAMES L. OBERSTAR graduated from Miami Northwestern Senior Tuesday, May 19, 2009 OF MINNESOTA High School in 1961. A talented athlete and Mr. ROSKAM. Madam Speaker, I rise today scholar, Mr. Williams received scholarships in IN THE HOUSE OF REPRESENTATIVES to honor the Mid America CropLife Association both athletics and academics. During his early Tuesday, May 19, 2009 (MACA) on its recent 50th Anniversary. college years, he was drafted by the Army, but Founded in 1958 by Herbert Woodbury, Porter opted for the United States Air Force, where Mr. OBERSTAR. Madam Speaker, I rise Wiliams, Robert Yapp, Harold Howard, Doug he served a tour of duty in Europe. While in today to commend the Inpatient RehabCare Nelson, Wally Smith, and G. E. Zackert, military service, he was involved in rec- team at the Virginia Regional Medical Center MACA has represented the agricultural chem- reational and sporting activities, often spear- for their safety education and outreach to Min- ical companies of the Midwest whose products heading leagues. Mr. Williams attended South nesota’s youth. In addition to their outstanding help feed the world. Carolina State University and Florida Memorial work at the Medical Center, the RehabCare From humble beginnings MACA has led the College, where he obtained a Bachelor’s De- team educates elementary school students industry for 5 decades in growing member- gree in physical education. He also attended throughout Virginia of the tremendous health ship, developing industry safety guidelines, Nova Southeastern University, where he stud- risks associated with riding a bicycle without a and educating our youth on the processes that ied public administration. helmet. feed the world. In 1970, Mr. Williams began working with They recognize the importance of educating Madam Speaker, since its creation, MACA the YMCA of Greater Miami as the Executive our youth during their formative years—at the has incorporated membership from basic man- Director of the G.W. Carver Branch, and later age when they are most receptive—of the ufacturers, distributors, formulators, and allied became the Senior Vice President for Oper- possible life-altering brain injuries that could industry representatives. Having input from ations. Following his vision of helping youths result from not wearing a helmet while riding such a broad membership, MACA has been and their families, he founded The Family a bicycle. an industry leader in creating guidelines for Christian Association of America, Inc. (FCAA) agriculture safety and the crop protection in- in February 1984 where he served as the In particular, Madam Speaker, I wish to laud dustry. MACA’s dedication is so apparent they President/CEO. Under his leadership, FCAA the Inpatient RehabCare team in their most re- have developed member guidelines and provides a variety of services and programs cent outreach to fourth grade students at Roo- standards above and beyond those required that serve youth and families in Miami-Dade, sevelt Elementary School in Virginia. by the Environmental Protection Agency and Broward, Brevard, Alachua, and Highlands Each fourth grade class participated in a Department of Transportation. Counties. Some of the programs include Head safety awareness session where they learned In addition to their industry development, Start and Early Head Start Child Development, about the lasting consequences of brain inju- MACA has reached out to our local commu- after school care, youth development, sports, ries and the importance of wearing bicycle hel- nities by speaking at local elementary schools and the Black Achievers of Excellence pro- mets. to educate children on the process of agri- gram. culture from the farm to our table. In my com- Students received real-life simulations of munity MACA participants reached out to the Mr. Williams founded the Florida Consortium what their lives would be like with such brain 4th and 5th grade classes at Central Elemen- of Black Faith Based Organizations, Inc. injuries, demonstrating the difficulty of every- tary in Des Plaines. Since the inception of the (FCOBFBO), which is a statewide organization day tasks and making a lasting impression on MACA’s CropLife Ambassador Network, over that supports and enhances the efforts of its the students on the importance of taking safe- 25,000 students have been provided scientif- members to affect economic social and policy ty precautions when riding a bicycle. ically based information regarding the safety changes in their communities, in 1999. He Such hands-on scenarios—combined with and value of American agricultural food pro- served as the Chairman/CEO. the team’s helmet safety information and their duction. In an effort to complement his professional direct experience with assisting patients who From its modest start to its present day ros- achievements, Mr. Williams is involved with have suffered brain trauma—provided these ter of members on the Fortune 500, MACA various organizations such as past Board elementary students with invaluable life les- has been a voice for agriculture and the agri- Chairman of the Florida Industries Credit sons in bicycle safety and the severity of brain cultural chemical professionals who serve Union, member of Zeta Royal Center Advisory injuries. Board, Society of Human Resource Manage- those who feed the world. I congratulate It is vital that we teach our children about ment, National Society of Fundraising Execu- MACA on this achievement and wish them an- the many benefits of active and healthy trans- tives, American Compensation Association, other successful fifty years. portation and recreation through cycling; and and Miami-Dade United Way Agency Re- f safety education must go hand-in-hand with source Management Committee. This public these lessons. CONGRATULATING HERMAN K. servant is married to Mrs. Mary E. Williams. WILLIAMS Mr. Herman K. Williams is an outstanding The RehabCare team’s effective outreach to American worthy of our collective honor and children is noteworthy and ought to be rep- HON. KENDRICK B. MEEK appreciation. It is with deep respect and admi- licated throughout the nation. Their work—and the work of similar groups in the United OF FLORIDA ration that I commend Mr. Williams for over 25 States—is deserving of our recognition and IN THE HOUSE OF REPRESENTATIVES years of dedicated services to the community, and wish him and his family the very best in continued support. Tuesday, May 19, 2009. retirement. Now, in retirement, he embarks I thank the Virginia Medical Center’s Inpa- Mr. MEEK of Florida. Madam Speaker, I am upon new challenges in life and I am certain tient RehabCare team for their inspiring lead- pleased to recognize and extend my congratu- his legacy of greatness will only grow and de- ership and dedicated work to instill in our chil- lations to Mr. Herman K. Williams on the occa- velop as he enters this new phase of life. dren a lifetime of bicycle safety habits.

∑ 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 Nov 24 2008 04:44 May 20, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K19MY8.001 E19MYPT1 smartinez on PROD1PC64 with REMARKS E1196 CONGRESSIONAL RECORD — Extensions of Remarks May 19, 2009 HONORING DONALD GUIMOND unique and inspirational figure who laid the Had I been present, I would have voted foundation for the Republic of Turkey. He was ‘‘aye’’ on Rollcall vote 267 (Motion to suspend HON. MICHAEL H. MICHAUD a post World War I revolutionary leader who the rules and Agree to H. Res. 300), ‘‘nay’’ on OF MAINE understood that Islam and modernity are not Rollcall vote 268 (Motion to Suspend the inconsistent—an important factor to reinforce IN THE HOUSE OF REPRESENTATIVES Rules and Agree to S. 386), ‘‘aye’’ on Rollcall today with democratic leaders throughout the vote 269 (Motion to Suspend the Rules and Tuesday, May 19, 2009 Muslim world. Agree to H. Res. 442). Mr. MICHAUD. Madam Speaker, I rise By any measure, Ataturk was an historic re- f today to recognize the accomplishments of former. In the space of two decades, he built Donald Guimond, Town Manager of Fort Kent, the nation of Turkey from the ashes of the HONORING ANDREA MACKENZIE Maine. Ottoman Empire—a nation that was based on On May 1, 2008, the town of Fort Kent suf- secular principles and with a foundation that HON. LYNN C. WOOLSEY fered from severe flooding that impacted busi- was fertile for democracy to take root and OF CALIFORNIA nesses, apartments, homes and elderly hous- prosper. He held true to his fundamental vi- IN THE HOUSE OF REPRESENTATIVES sion for his overwhelmingly Muslim nation, ing. Mr. Guimond oversaw an orderly evacu- Tuesday, May 19, 2009 ation and quick response by emergency namely that it be guided by two overarching teams. Despite working without sleep for more concepts: secularism and progress. Just as is Ms. WOOLSEY. Madam Speaker, I, along than thirty six hours, Mr. Guimond always the case today, he understood that advances with my colleague Congressman MIKE THOMP- knew which residents and businesses had in science and technology would enhance the SON, rise today to honor a dedicated and be- been impacted, where individuals sought shel- nation and the Turkish people. loved advocate for preserving both agriculture ter, and what further assistance was nec- To enable Turkey to reap the benefits of and the environment of Sonoma County, Cali- essary. His well-coordinated reaction pre- such advances, he set about enacting major fornia. Andrea Mackenzie is leaving the vented serious injury and the loss of life. reforms in all aspects of Turkish life—political, Sonoma County Agricultural Preservation and Mr. Guimond continued to show his dedica- cultural, legal, educational, and economic all Open Space District, and we celebrate her 12 tion to the residents of Fort Kent long after the with an eye toward creating the architecture of productive years, especially the last eight flood waters receded. Through his efforts, the the new Turkish nation that would raise it to years as General Manager. town provided the space necessary for dis- the level of what Ataturk referred to as ‘‘con- Andrea was born in upstate New York and aster assistance teams from the Federal temporary civilization.’’ These reforms touched grew up in Los Angeles. She earned a Bach- Emergency Management Agency, the Small on all aspects of Turkish society from abol- elor’s Degree in Environmental Studies from Business Administration and other entities. He ishing the caliphate, recognizing equal rights the University of California at Santa Barbara and his staff coordinated an effort to provide for men and women, replacing the Arabic al- and a Master’s Degree in Urban Planning and emergency heaters to residents whose fur- phabet with Latin letters, and instituting sec- Natural Resources from the University of Cali- naces were damaged by the disaster. He ular law to reforming traditional styles of dress fornia at Los Angeles. played an active role in the town’s Long-term and mandating surnames. With her love of both the coast and the rug- Ataturk was an impatient reformer. His han- Recovery Committee, making sure that resi- ged mountains of the High Sierra, it is no sur- dling of the reform of the alphabet is one ex- dents and business owners applied for the as- prise that Andrea worked for over 25 years in ample of his impatience. The language com- sistance that they needed and that the town is land use and conservation-related positions, mission he appointed to review the reform rec- ready to respond to ongoing issues which including the East Bay and San Francisco ommended that the alphabet reforms be have arisen from the flood. The Small Busi- where she began to develop a focus on col- phased in over a fifteen year period. Ataturk ness Administration has recognized Mr. laborative public/private projects and regional had a much different timeframe in mind. He Guimond’s significant contributions by pre- approaches. She also loves walkable commu- set about traveling throughout the country, senting him the Phoenix Award for Disaster nities, old barns, hiking and kayaking, country personally instructing crowds in the new al- Recovery as a Public Official. rock, and nature writers. phabet, and within six months he had accom- Madam Speaker, please join me in recog- Andrea first served the Sonoma County Ag- plished his goal. With the acceptance of the nizing Mr. Guimond’s dedication to the resi- ricultural Preservation and Open Space Dis- Latin alphabet, millions of Turks would be dents of Fort Kent, Maine. trict as project manager for the strategic con- poised to turn westward for their second lan- servation plan update, creating documents f guages and the learning to which those lan- that have become models for other public land PERSONAL EXPLANATION guages are the key. conservation agencies. In 2000, she was ap- Ataturk championed women’s rights, encour- pointed General Manager by the Board of Su- HON. SAM GRAVES aging them to pursue careers as doctors, law- pervisors. yers, scientists, writers and politicians. He did The mission of the District is to ‘‘perma- OF MISSOURI so because he wisely understood that by nently protect the diverse agricultural, natural IN THE HOUSE OF REPRESENTATIVES doing so he was unleashing the talents of all resource and scenic open space lands of Tuesday, May 19, 2009 Turks and thereby making the nation stronger. Sonoma County for future generations.’’ Fund- Mr. GRAVES. Madam Speaker, I would like Because of his vision and determination, Tur- ed by a quarter cent sales tax, it is the only to state for the record my position on the fol- key is today a strong and vibrant democracy such district in the state of California and is lowing votes I missed due to personal rea- and a model for others in the Islamic world to overwhelmingly supported by Sonoma Coun- sons. emulate. ty’s residents. Madam Speaker, it is my hope that Muslim On Monday May 19, 2009 I missed rollcall Andrea helped direct the 2006 campaign to leaders throughout the region will reacquaint votes 267, 268, and 269. Had I been present, renew the sales tax, which passed overwhelm- themselves with Ataturk’s revolutionary leader- I would have voted ‘‘yea’’ on those rollcall ingly. Voters value the organization’s mission ship and take inspiration in the courageous re- votes. and its programs including: matching grants to forms he undertook more than seventy years f partner with local cities and agencies for land ago so that they too can preside over nations acquisition, preservation and enhancement; 128TH ANNIVERSARY OF THE that are secular, democratic and prosperous. stewardship in managing these lands and var- BIRTH OF KEMAL ATATURK f ious easements to protect them, as well as to FOUNDER OF MODERN TURKEY PERSONAL EXPLANATION allow for public access; land leases to local growers; and public and educational outings, HON. VIRGINIA FOXX HON. J. GRESHAM BARRET including a focus on underserved populations. Andrea has played a key role in developing OF NORTH CAROLINA OF SOUTH CAROLINA these programs as well as increasing the IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES amount of open space from 25,000 acres to Tuesday, May 19, 2009 Tuesday, May 19, 2009 75,000 acres (including 33,000 acres of farm- Ms. FOXX. Madam Speaker, I rise today, Mr. BARRETT of Suth Carolina. Madam land). May 19, to commemorate the 128th anniver- Speaker, unfortunately I missed recorded In 2007, in testament to Andrea’s manage- sary of the birth of Mustafa Kemal Ataturk, the votes on the House floor on Monday, May 18, ment, the District was selected for the National founder of modern Turkey. Ataturk was a 2009. Leadership in Conservation Award from the

VerDate Nov 24 2008 04:44 May 20, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A19MY8.003 E19MYPT1 smartinez on PROD1PC64 with REMARKS May 19, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1197 National Association of Counties (NACo) and nomic leaders are not waiting for the sag- icit-hawk Roosevelt of 1936—at least not the Trust for Public Land in Washington, D.C. ging economy to right itself. Rather, they until the economy is back on solid ground. She was also one of 36 Fellows selected to have taken numerous extraordinary steps al- That said, a growing flock of budget hawks ready—and stand ready to do more if nec- are already showing their talons. They will participate in the National Conservation Lead- essary. have their day—but please, not yet. ership Institute program, is a member of the That’s the good news. But even if another To avoid a replay of the policy disasters of Executive Committee and future President of depression is next to impossible, there is still 1936–37, both the Fed and our elected officials the Bay Area Open Space Council and served the danger that next year, or the year after, must stay the course. Mark Twain once ex- on the both the Urban Rural Roundtable might turn into 1936. Let me explain. plained that, while history does not repeat (formed by San Francisco Mayor Gavin From its bottom in 1933 to 1936, the G.D.P. itself, it often rhymes. We don’t want any Newsom to create a Bay Area Regional Food climbed spectacularly (albeit from a very rhymes just now. low base), averaging gains of almost 11 per- f System) and on the Statewide Watershed Ad- cent a year. But then, both the Fed and the visory Committee. administration of Franklin D. Roosevelt re- TAIWAN PRESIDENT MA YING- Madam Speaker, Andrea Mackenzie’s com- versed course. JEOU’S FIRST ANNIVERSARY OF bination of visionary and practical leadership In the summer of 1936, the Fed looked at HIS INAUGURATION has ma e the Sonoma County Agricultural the large volume of excess reserves piled up Preservation and Open Space District a vital in the banking system, concluded that this player in our community. Sonoma County mountain of liquidity could be fodder for fu- HON. ALCEE L. HASTINGS could have gone the way of other growing ture inflation, and began to withdraw it. OF FLORIDA This tightening of monetary policy contin- IN THE HOUSE OF REPRESENTATIVES counties in California with sprawl from end to ued into 1937, in a weak economy that was end. Instead, it remains blessed with green ill-prepared for it. Tuesday, May 19, 2009 open space, productive agriculture, and many About the same time, President Roosevelt Mr. HASTINGS of Florida. Madam Speaker, unique and intact ecosystems. We thank her looked at what seemed to be enormous fed- Taiwan’s President Ma Ying-jeou will mark his for her great contributions to our children’s eral budget deficits, concluded that it was first year anniversary in office on May 20, time to put the nation’s fiscal house in order natural inheritance and wish her luck in her 2009. new position where she will be continuing her and started raising taxes and reducing spend- ing. This tightening of fiscal policy trans- Under President Ma’s leadership, Taiwan good work closer to her family. formed the federal budget from a deficit of has become an observer at the World Health f 3.8 percent of G.D.P. in 1936 to a surplus of Assembly (WHA) in Geneva, Switzerland. By 0.2 percent of G.D.P. in 1937—a swing of four enabling Taiwan to participate in this part of ‘‘HOW TO AVOID A BAD DOUBLE percentage points in a single year. (Today, a DIP’’ the World Health Organization (WHO), the swing that large would be almost $600 bil- health of 23 million Taiwanese people can lion.) benefit from what will be learned at the WHA. HON. BARNEY FRANK Thus, both monetary and fiscal policies did an abrupt about-face in 1936 and 1937, and the Historically, China has blocked Taiwan’s ac- OF MASSACHUSETTS consequences were as predictable as they cess to this very important forum, and through IN THE HOUSE OF REPRESENTATIVES were tragic. The United States economy, President Ma’s effective diplomacy, Taiwan Tuesday, May 19, 2009 which had been rapidly climbing out of the has ended a 38 year absence from the WHA. cellar from 1933 to 1936, was kicked rudely Madam Speaker, President Ma has also Mr. FRANK of Massachusetts. Madam down the stairs again, and America experi- taken great strides in improving Taiwan’s rela- Speaker, Alan Blinder is a man of great intel- enced the so-called recession within the de- tionship with China. Taiwan and China now ligence, excellent judgment, and considerable pression. Real G.D.P. contracted 3.4 percent have direct flights back and forth to each from 1937 to 1938; the total G.D.P. decline experience in both making and analyzing na- country. This was unheard of before President tional economic policy. In this article from last during the recession, which lasted from mid- 1937 to mid-1938, was even larger. Ma took office and travelers were previously Sunday’s New York Times, he draws on all of required to make an inconvenient stop at an- these qualities to give us some excellent ad- The moral of the story should be clear: Prematurely changing fiscal and monetary other airport and switch planes before these vice. I can think of no more relevant subject policies—from stepping hard on the accel- direct flights were available. for my colleagues to contemplate as we deal erator to slamming on the brake—can be Furthermore, China has given Taiwan two of with important economic choices. hazardous to the economy’s health. its prized Pandas. Pandas are extremely rare [From the New York Times, May 17, 2009] Wow, we’ve learned a lot since the ’30s, and very important to the Chinese culture, and IT’S NO TIME TO STOP THIS TRAIN right? Well, maybe not. For the echoes of 1936 are being heard right now, even before the amicable trade between the two countries (By Alan S. Blinder) the current recession hits bottom. is a positive indication for building a cordial re- Contrary to what you may have heard from If you’ve been paying attention, you know lationship between the two nations. These and some doomsayers, 2009 is not 1930 redux. that a number of critics of the Fed are other efforts by President Ma are helping the What we must guard against, instead, is 2010 sounding alarms over the huge stockpile of two neighbors enter a time of peace, security or 2011 becoming another 1936. excess reserves it has created—more than and stability. Realistically, there is little danger that $775 billion at last count. What these critics the economy is heading toward a repeat per- Madam Speaker, the United States and Tai- are fretting about now is exactly what wan continue to share a strong bilateral rela- formance of the Great Depression—when real goaded the Fed into action in 1936: that the gross domestic product in the United States vast pool of loose money will ultimately be tionship. As a member of the Congressional declined 27 percent and unemployment inflationary. The clear inference is that Taiwan Caucus, I congratulate President Ma soared to 25 percent. What we have is bad some of it should be withdrawn before it’s on a very successful first year in office and enough: our worst recession since the 1930s. too late. look forward to continuing to work in making But unless our leaders behave unbelievably On the fiscal side, many of President sure that our relations are preserved and foolishly, we will not repeat the tragic slide Obama’s critics are complaining vociferously strengthened. into the abyss of 1930 to 1933—for two main about the huge federal budget deficits. Try reasons. to ignore, if you can, the sheer hypocrisy of f First, our economy has many built-in safe- many Congressional Republicans who, hav- COMMENDING AMY ISAACS, NA- guards that did not exist back then—like un- ing never uttered a peep about the huge defi- TIONAL DIRECTOR OF AMERI- employment insurance, Social Security and cits under George W. Bush, are suddenly federal deposit insurance, to name just models of budget probity. But whatever the CANS FOR DEMOCRATIC ACTION three. These programs serve as safety nets motives, the worries of today’s deficit hawks that cushion the fall. And while they are cer- sound eerily reminiscent of Roosevelt in 1936 HON. JIM McDERMOTT tainly not strong enough to prevent reces- and 1937. OF WASHINGTON sions, they should be enough to prevent an- Fortunately, Mr. Bernanke is a keen stu- IN THE HOUSE OF REPRESENTATIVES other depression. dent of the Great Depression who will not The more important reason is that Barack allow the Fed to repeat the errors of 1936–37. Tuesday, May 19, 2009 Obama, Timothy F. Geithner and Ben S. But his critics, both inside and outside the Mr. MCDERMOTT. Madam Speaker, I rise Bernanke are not Herbert Hoover, Andrew Fed, are already branding his policies as dan- to commend Amy Isaacs, National Director of Mellon and Eugene Meyer. (Who’s that? Mr. gerously inflationary, and no Fed chairman Meyer was the Federal Reserve chairman wants to be called an inflationist. Americans for Democratic Action, on the occa- from September 1930 to May 1933.) In stark Similarly, I hope and believe that Presi- sion of her retirement. contrast to the laissez-faire crowd that ruled dent Obama will not transform himself from For 20 years Amy has led ADA, the nation’s the roost in 1930 and 1931, our current eco- the spendthrift Roosevelt of 1933 to the def- most experienced organization dedicated to

VerDate Nov 24 2008 04:44 May 20, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A19MY8.007 E19MYPT1 smartinez on PROD1PC64 with REMARKS E1198 CONGRESSIONAL RECORD — Extensions of Remarks May 19, 2009 liberal policies, liberal politics and a liberal fu- Alfreda devoted her life to making her home TRIBUTE TO THE CALIFORNIA ture. ADA was founded by Eleanor Roosevelt, a place where her children, grandchildren and SCHOOL FOR THE DEAF John Kenneth Galbraith, Walter Reuther, Ar- great grandchildren love to visit. Her daughter, thur Schlesinger, and Reinhold Niebuhr shortly Linda, mentions that her house is her castle, HON. FORTNEY PETE STARK after FDR died. Its goal then was to keep the so carefully maintained that guests would OF CALIFORNIA New Deal dream—its vision and its values of often remark that ‘‘the house is so clean that IN THE HOUSE OF REPRESENTATIVES an America that works fairly for all—alive for we can actually eat off the floor.’’ And what a Tuesday, May 19, 2009 generations to come. wonderful cook she is—known for her molas- Under Amy’s leadership, ADA has never for- ses cookies, her old fashioned spaghetti, her Mr. STARK. Madam Speaker, I rise today to gotten its long history and never wavered from homemade rice soup, her boiled dinners and pay tribute to the 150th anniversary of the those core liberal values. She began her ca- her ployes. California School for the Deaf (CSD), located reer at ADA as an intern in 1969 and has Alfreda has always been an active member in Fremont, CA. CSD was founded in 1860 moved through the ranks serving as Director of her church, and throughout her life volun- and was the first special education program of Organization, Executive Assistant to the Di- teered her time in service to the local clergy. established in California. Started in San Fran- rector and Deputy National Director, before For over 20 years, she has served as a Eu- cisco, the first class had only three students. becoming National Director in 1989. charistic Minister who visits the homes of shut- In 1869, the school moved to a new campus Amy brought to ADA a strong sense that ins to deliver communion. This devotion to her in Berkeley, with approximately 50 students. A protecting and enhancing the rights of working church and to its congregation has earned her vocational component was added to the cur- men and women was a critical ingredient in this important recognition—a woman who is riculum in 1871. maintaining a healthy democratic society. committed to strengthening the moral and spir- By 1915, the school’s enrollment had grown Allying ADA with the labor movement’s efforts itual foundations of her family, her home, and to 215 students and the campus was enlarged to improve wages and working conditions for her community. for the second time. In 1930, a 32-year build- America’s workers became a key part of ing program was initiated to restore and again ADA’s mission under Amy’s direction. She rec- Women like Alfreda Dumond give strength expand the Berkeley campus. In 1934, a ognized that the efforts to increase the federal and joy to all of our lives, and I ask my col- teacher-training program was established on minimum wage needed non-labor allies. And leagues to join me in recognizing her for re- the Berkeley campus in conjunction with San she enthusiastically threw ADA into the fore- ceiving this honor. Francisco State College, as Superintendent front of that fight, by directing the formation of I wish Alfreda and her family all the best, Elwood Stevenson believed that only teachers the Coalition for a Fair Minimum Wage which and congratulate her on this well-deserved with special training should be credentialed to brought together progressive groups of all award. teach deaf and hard of hearing children. Dr. stripes: religious, economic, social, youth, Stevenson also emphasized that since lan- labor, business and others. Amy’s belief that a f guage is the core of the deaf child’s edu- strong labor movement united with strong al- cation, teaching of written language would lied organizations not only led to an increase FRAUD ENFORCEMENT AND begin in the child’s first year of schooling. in the minimum wage in 2007 but to countless RECOVERY ACT In 1969, the Computer-Assisted Instruction other victories for working men and women. program began as a result of an invitation by Amy’s work did not stop with the fight to end Stanford University to participate in a nation- income inequality. Her career is defined by her HON. CHRIS VAN HOLLEN wide project. This same year, the first aca- commitment to erase the evils of discrimina- OF MARYLAND demic mainstreaming program began with five tion so that everyone can be truly free to pur- IN THE HOUSE OF REPRESENTATIVES California School for the Deaf students taking sue their dreams. Not only is she a trailblazer world history and geometry at Albany High in her own right, but she worked tirelessly as Tuesday, May 19, 2009 School. an advocate for all women. From fair pay to Mr. VAN HOLLEN. Madam Speaker, I rise In 1970, CSD officially adopted the philos- reproductive choice, from education to the to support the Fraud Enforcement and Recov- ophy of total communication and an Instruc- workplace, Amy never tolerated an injustice ery Act of 2009. This bill will allow us to better tional Television class was taught for the first against women or any other group striving for understand what caused the economic col- time. CSD was given accreditation for its sec- equal treatment. lapse and provide the resources necessary to ondary program by the Western Association of It is a rare thing to find someone willing to help prevent future economic crises. I applaud Secondary Schools and Colleges, and was devote their life to advancing the causes in Congressman JOHN LARSON’S hard work on granted accreditation for both the elementary which they believe. I commend Amy for her this critical legislation. and secondary programs by the Convention of dedication and service and wish her all the Educational Administrators Serving the Deaf best as she starts the next chapter of her life. This legislation cracks down on mortgage and corporate fraud, which have reached his- (CEASD). Amy once said to me, ‘‘I’ve walked with gi- Dr. Henry Klopping was appointed Super- toric rates. FBI mortgage fraud investigations ants’’ when I asked for her thoughts about the intendent of CSD in 1975 and a Special Unit have more than doubled in the last three extraordinary people associated with ADA’s program was established that year for deaf years, and massive new corporate fraud history. I say today, she is one of them. multi-handicapped students. In 1976, Dr. schemes continue to be uncovered. Congress f Klopping formed the Student Advisory Council and the President are committed to protecting and later the Community Advisory Council in A TRIBUTE TO ALFREDA DUMOND the American consumer and getting our econ- 1978. Enrollment at the school rose to 518 omy back on track, and fighting these abuses when the annual new student/parent orienta- is an integral part of this effort. HON. MICHAEL H. MICHAUD tion program was established. OF MAINE It will also establish the Financial Crisis In- On June 1, 1977 groundbreaking cere- IN THE HOUSE OF REPRESENTATIVES quiry Commission, which will examine the monies launched the new 96-acre site for Tuesday, May 19, 2009 causes and factors that led to the worst finan- what would become the California School for Mr. MICHAUD. Madam Speaker, it is my cial crisis since the Great Depression. The the Deaf and the California School for the honor to congratulate Alfreda Dumond of Fort Commission’s recommendations will help in- Blind in Fremont, CA. The school was officially Kent, Maine, who has been named ‘‘Mother of form Congress as we move forward with com- opened on May 25, 1980. CSD’s most recent the Year’’ by the Ladies of St. Anne. Mrs. mon sense reforms to prevent these crises history is filled with cultural and educational Dumond is well known for her strong commit- from happening in the future. advances and student opportunities. ment and dedication to her church and to her The Fraud Enforcement and Recovery Act The current population at the California family. of 2009 includes a clear commitment to fight- School for the Deaf numbers at 496, and a Alfreda Dumond’s sole occupation is being ing waste, fraud and abuse—a commitment parent education program has been firmly es- a housewife and a mother. She was married that has become a hallmark of this Congress. tablished to provide support, information, and for over 44 years, and raised five girls and two We are working with the President every day education for parents of deaf students. The boys. A devoted mother who centered her life to rebuild our economy in a way that is con- Volunteer Program has grown to 175 individ- on her family, she raised her children with sistent with our values of hard work, responsi- uals who contribute immeasurable time and strong values and morals, and believed in bility and broadly shared prosperity. I urge my valuable skills in all facets of CSD students’ being an example for them to follow. colleagues to join me to continue this work. education and campus life.

VerDate Nov 24 2008 04:44 May 20, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A19MY8.011 E19MYPT1 smartinez on PROD1PC64 with REMARKS May 19, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1199 I join the community in congratulating CSD to provide the best and most modern emer- Councilmember Inez Dickens, former Borough for 150 years of exemplary service to deaf stu- gency care and transportation that can be President C. Virginia Fields, my brother and dents and their families. The California School made available. The Penndel-Middletown former Mayor, David N. Dinkins, and me. for the Deaf is a valuable resource beyond Emergency Squad also offers education and Yes, diamonds are forever and so is our ex- measure. training to the community for first aid and traordinarily precious Lillian ‘‘Diamond Lil’’ f emergency care. Pierce. Madam Speaker, I ask that you join me in f CELEBRATING ONE-YEAR ANNI- recognizing the Penndel-Middletown Emer- NATIONAL WOMEN’S HEALTH VERSARY OF SWEARING IN OF gency Squad for their 50 years of service to MONTH PRESIDENT MA YING-JEOU Middletown Township and the neighboring boroughs of Hulmeville, Langhorne, HON. MARIO DIAZ-BALART Langhorne Manor and Penndel, an area of HON. JAMES P. MORAN OF VIRGINIA OF FLORIDA more than 25 square miles. I am honored to IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES serve as their Congressman. Tuesday, May 19, 2009 Tuesday, May 19, 2009 f SALUTING HARLEM’S OWN CROWN Mr. MORAN of Virginia. Madam Speaker, I Mr. MARIO DIAZ-BALART of Florida. rise today in recognition of May as National Madam Speaker, this week, on May 20, 2009, JEWELS—LILLIAN ‘‘DIAMOND LIL’’ PIERCE Women’s Health Month. This designation en- the Republic of China on Taiwan will celebrate courages women to make their own health a the one year anniversary of the swearing in of top priority by obtaining regular medical check- President Ma Ying-jeou. On a recent trip to HON. CHARLES B. RANGEL ups and preventive screenings. Taipei, I had the privilege of meeting President OF NEW YORK As we urge women to prioritize their own Ma. His inauguration marked the second suc- IN THE HOUSE OF REPRESENTATIVES health care, we must also call attention to the cessful and peaceful transfer of power from Tuesday, May 19, 2009 disproportionate impact the health care crisis one political party to another. This is an exam- is having on women, particularly women of Mr. RANGEL. Madam Speaker, I rise today ple of Taiwan’s steadfast progress toward full childbearing age. democratization in just the last few decades. to salute and congratulate my dear friend, Lil- In fact, earlier this month the Department of After implementing democratic and eco- lian ‘‘Diamond Lil’’ Pierce as an ensemble of Health and Human Services released a new nomic reforms the Republic of China on Tai- Harlem Legendary entertainers gathers to per- report, titled Roadblocks to Health Care: Why wan has become a true model of success form a special tribute at the famous Alhambra the Current Health Care System Does Not throughout Asia. Through the hard work and Ballroom on Adam Clayton Powell, Jr. Boule- Work for Women which states that women, entrepreneurship of the Taiwanese people, vard. especially those of reproductive age, are more Taiwan has become one of the strongest Affectionately known in Harlem as ‘‘Dia- vulnerable to high health care costs because economies in the Pacific Rim and a showcase mond Lil,’’ she was born in Cameron, North they require more regular contact with health democracy in the world. Carolina, and graduated from Pinckney High care providers, including yearly Pap tests, I was proud to cosponsor H. Con. Res. 55, School in Carthage, North Carolina. Lil came mammograms, and obstetric and gyneco- which recognizes the 30th anniversary of the to New York in 1958 and enrolled at City Col- logical care. Taiwan Relations Act, TRA—landmark legisla- lege. She later worked at the New York State While the study sheds much needed light on tion that forms the foundation of the relation- Department of Motor Vehicles followed by a the impact of the nation’s health care crisis on ship between the United States and the Re- brief stint at a bar on Broadway, which proved women, its findings are not surprising. public of China on Taiwan. The House of Rep- to be a solid stepping stone to her becoming Last year, I had the opportunity to visit a resentatives’ unanimous support for the reso- a co-owner of Carl’s Off the Corner in West women’s health clinic run by Planned Parent- lution on March 24, 2009 reaffirms Congress’ Harlem. But it was ‘‘Diamond Lil’s’’ 21-year hood and saw first hand patients seeking the unwavering commitment of the TRA as the tenure at Showman’s Cafe´ where she estab- affordable, accessible, high-quality preventive cornerstone of relations between the United lished her reputation and earned the apprecia- reproductive health care. States and Taiwan, reiterates its support for tion of countless customers and musicians. At Planned Parenthood clinics, health pro- Taiwan’s democratic institutions and supports During her many years as a barmaid at fessionals provide over 950,000 cervical can- the continuation of the strong and deepening Showman’s, Lil heard and entertained a cer screenings and breast exams to more than relationship between the United States and veritable Hall of Fame of Jazz and popular 850,000 women. Sexually transmitted disease Taiwan. musicians, and Showman’s Elite personalities. testing and treatment are performed and made I urge all my colleagues to join me in recog- Showman’s, originally located next to the available to both women and men. In fact, 97 nizing this important occasion. We are proud World Famous Apollo Theatre over the years percent of the services provided at these clin- of its political and economic transformation, has been the home club of choice and hang- ics are preventative. and wish Taiwan continued success and pros- out for many of Harlem’s renowned entre- In Virginia alone these clinics provide basic perity. preneurs and personalities. Since 1942, Show- health care, including lifesaving cancer f man’s Jazz Cafe has showcased top musi- screenings, to over 28,500 patients a year. cians for Harlem and International audiences, But these clinics are only meeting a fraction of RECOGNIZING THE PENNDEL- as Mona, Co-owner and retired Son of Sam the need in my state. There are 846,100 MIDDLETOWN EMERGENCY SQUAD New York City Police Detective Al Howard, women in need of contraceptive services and and our Crown Jewel ‘‘Diamond Lil’’ refers to supplies. Of these, 371,640 women need pub- HON. PATRICK J. MURPHY as ‘‘family.’’ licly supported contraceptive services because OF PENNSYLVANIA Madam Speaker, the Friends of Showman’s they have incomes below 250 percent of the IN THE HOUSE OF REPRESENTATIVES roster include luminaries and entertainers like federal poverty level (251,710) or are sexually Count Basie, Billy Eckstine, Sammy Davis, Jr., active teenagers (119,930). Eleven percent of Tuesday, May 19, 2009 Charles Honi Coles, Leroy Myers, Gregory women aged 15–44 have incomes below the Mr. PATRICK J. MURPHY of Pennsylvania. Hines, Pop Brown, Nat Davis and Savion federal poverty level, and 18 percent of all Madam Speaker, I rise today to honor the Glover. Personalities like Jesse Walker, Joe women in this age-group are uninsured (i.e., Penndel-Middletown Emergency Squad for 50 Yancy and Jimmy Booker. Performers like Bill do not have private health insurance or Med- years of distinguished service to Middletown Doggett, George Benson, Seleno Clarke, Irene icaid coverage). Township and its adjoining boroughs. Since Reid, Jimmy ‘‘Preacher’’ Robins, Gloria Lynne, Increasing health insurance coverage for their inception as a non-profit emergency am- Joey Morant, Akiko Tsuruga, Grady Tate, women is essential. Approximately 17 million bulance service in 1959, they have selflessly Frank Dell, Bill Saxton, Annette St. John, Wolf American women have no health insurance served tens of thousands of residents in Johnson, Pat Tandy and the Prince of Harlem coverage. It’s critical that health care reform Bucks County, Pennsylvania. Lonnie Youngblood. Among the elected offi- requires coverage of comprehensive reproduc- Penndel-Middletown Emergency Squad has cials who graced her bar and thrilled to her tive health services. come quite a long way since its incorporation. service were Governor David Paterson, As- With the economic downturn, these health Their first ambulance was a used 1947 Cad- sembly Members Denny Farrell and Keith centers have seen a significant increase in uti- illac-Superior Coach, and now their purpose is Wright, State Senator Bill Perkins, lization, just as their funding streams, both

VerDate Nov 24 2008 04:44 May 20, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A19MY8.014 E19MYPT1 smartinez on PROD1PC64 with REMARKS E1200 CONGRESSIONAL RECORD — Extensions of Remarks May 19, 2009 public and private, have become more precar- HONORING MR. GLENN COLEMAN Also, in April, officials from China and Tai- ious. Across the country, they are seeing an FOR HIS 23 YEARS OF SERVICE wan participated in the Chiang-Chen Talks. increase in patients—women who have lost AND DEDICATION TO THE USDA The talks resulted in the signing of the fol- their jobs and health insurance, or who no NATIONAL FOREST SERVICE lowing agreements: (1) ‘‘Agreement on Joint longer have money to pay for medical care. Cross-Strait Crime-fighting and Mutual Judicial Assistance;’’ (2) the ‘‘Cross-Strait Financial These women are literally choosing between a HON. RODNEY ALEXANDER Cooperation Agreement;’’ and, (3) the ‘‘Sup- month of birth control and bus fare. OF LOUISIANA IN THE HOUSE OF REPRESENTATIVES plementary Agreement on Cross-Strait Air Planned Parenthood health centers are part Tuesday, May 19, 2009 Transport’’. All of these agreements will result of an important network of women’s health in improved coordination between the Taiwan care providers and serve as a critical entry Mr. ALEXANDER. Madam Speaker, I rise Straits neighbors in the areas of law enforce- today to commend Mr. Glenn Coleman, upon point into the health care system for millions of ment, financial exchanges and travel. the occasion of his retirement, effective June women. Finally, President Ma’s administration has 13, 2009, for his 23 years of service and dedi- successfully removed Taiwan from the Special In fact, Guttmacher reports more than six in cation to the USDA National Forest Service. 301 Watch List which is maintained by The ten clients consider family planning centers Mr. Coleman, who came to the City of Alex- Office of the U.S. Trade Representative. The their main source of health care. Oftentimes, it andria, LA in 1986, has dedicated 23 years of removal from this list shows Taiwan’s commit- is their first interaction with the country’s service as a landscape architect to the ment to preventing the importing and exporting health care system. Kisatchie National Forest Service. His service of illegally pirated materials such as DVDs and includes management and volunteer work with This is why increasing health insurance cov- CDs. projects and organizations such as the Alex- These are three of President Ma’s many erage is not enough. Ensuring access to a andria Tree Board Committee, the Forest achievements during his first year in office. strong network of health care providers is fun- Service African American Strategy Group, Please join me in congratulating, President damental to improving health care coordina- ‘‘Smokey the Bear’’ and the Rapides Parish Ma, on a very successful first year. School Fire Prevention Program, annual out- tion and quality outcomes. f A strong women’s health care infrastructure door recreation events, recreation facility de- sign, and the Forest Service Human Resource THE INTRODUCTION OF THE must be developed as we proceed with health Program. TRUTH IN FUR LABELING ACT care reform. Women need preventative serv- Beyond his professional career, Mr. Cole- OF 2009 ices for reproductive and general health. man has been proudly married for 20 years to Planned Parenthood clinics are providing Patricia Ann Coleman and is a loving father to HON. JAMES P. MORAN these services now and we should make sure Angela, Alisha, Andre, Kimberly, and Gregory. OF VIRGINIA they continue to do so. Friends and family describe Mr. Coleman as IN THE HOUSE OF REPRESENTATIVES an individual who has dedicated his life to f Christ and is an active member of The Greater Tuesday, May 19, 2009 New Hope Baptist Church where he served on Mr. MORAN of Virginia. Madam Speaker, I BELATED THANK YOU TO THE the Deacon Board for 18 years under the di- rise today to introduce, along with Representa- MERCHANT MARINERS OF rection of Rev. Robert Butler. tive MARY BONO MACK, the Truth in Fur Label- WORLD WAR II ACT OF 2009 Mr. Coleman is a friend to many, and is ing Act of 2009, which would require the label- deemed a gracious and hardworking person to ing of all garments containing animal fur. all who have had the privilege of making his Current law contains a glaring loophole that SPEECH OF acquaintance. allows garments containing less than $150 HON. ED PERLMUTTER I ask my colleagues to join me in congratu- dollars in fur to be sold in the U.S. without an lating Mr. Glenn Coleman for his many years identifying label. The result is that consumers OF COLORADO of service to the National Forest Service in lack the information they need to make in- Louisiana and for his dedication to our com- IN THE HOUSE OF REPRESENTATIVES formed choices and may inadvertently pur- munity. chase garments that contain real fur, possibly Tuesday, May 12, 2009 f from a dog or cat. The Humane Society of the United States (HSUS) strongly supports this Mr. PERLMUTTER. Madam Speaker, I rise RECOGNIZING THE FIRST ANNI- VERSARY OF THE ELECTION OF bill as a way to guarantee consumers full and today to recognize and honor the service the THE REPUBLIC OF CHINA’S (TAI- accurate information and to cut down on the U.S. Merchant Marines and the sacrifice each WAN) PRESIDENT MA YING-JEOU amount of illegal dog and cat fur making its gave for our country. The merchant seamen of way into the U.S. World War II were volunteers and a civilian a In recent years, HSUS investigators found a HON. PETER J. ROSKAM proliferation of falsely labeled and falsely ad- military corps serving the United States in the OF ILLINOIS vertised dog fur on fashion clothing sold by war. They were denied veterans’ benefits IN THE HOUSE OF REPRESENTATIVES comparable to those provided to World War II some of the largest names in U.S. retailing. Of Tuesday, May 19, 2009 the fur-trimmed jackets subjected to mass era military veterans. By most reports, the Mr. ROSKAM. Madam Speaker, I rise today spectrometry testing by HSUS, 96 percent World War II merchant marines suffered the in honor of the first anniversary of the election were found to be domestic dog, wolf or rac- greatest casualties of any of the fighting of the Republic of China’s (Taiwan) President coon dog, and either mislabeled or not labeled branches—with nearly 1-in-26 dying in battle. Ma Ying-jeou. With close to 65,000 Taiwanese at all. H.R. 23, the Belated Thank You to the Mer- Americans in the Chicagoland area, I have Half of all fur garments entering the United chant Mariners of World War II Act of 2009 closely observed President Ma’s progress on States come from China, where large numbers will provide benefits for an estimated 38,000 the world stage during his first year in office. of domestic dogs and cats as well as raccoon individuals in the first year of the enactment of In just one year, the Harvard educated dogs are killed every year for their fur by bru- tal methods, sometimes skinned alive. The this legislation. I believe this legislation is long President Ma has made accomplishments in leaps and bounds to improve Taiwan’s inter- Dog and Cat Protection Act of 2000 banned overdue. I am eager to see them receive all national standing in no small part because of the trade in dog and cat fur after an HSUS in- the benefits they deserve. his work to normalize relations with mainland vestigation revealed the death toll at 2 million I am proud and grateful for the opportunity China. animals a year and found domestic dog fur for to nominate constituents to the U.S. Merchant Most recently, Taiwan has been accepted sale in the United States. Marine Academy. There they receive an edu- as an official observer at the World Health As- While it is currently illegal to import, export, cation for a future in this field. I applaud the sembly that will take place later this month in sell or advertise any domestic dog or cat fur hard work an dedication of the merchant mari- Geneva. The World Health Assembly, which is in the United States and fur from other ani- part of the World Health Organization, will give mals must be identified with a label, a loop- ners and the sacrifices they have made for our Taiwan’s 23 million citizens a voice at this hole exists that allows a sizable portion of fur country. very important international forum. garments to avoid this labeling requirement.

VerDate Nov 24 2008 04:44 May 20, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A19MY8.018 E19MYPT1 smartinez on PROD1PC64 with REMARKS May 19, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1201 The Fur Products Labeling Act of 1951 ex- 21ST CENTURY GREEN HIGH-PER- her 15 years of devotion on IHA’s Advocacy empts garments with a ‘‘relatively small quan- FORMING PUBLIC SCHOOL FA- Council, DSH Steering Committee, and other tity or value’’ of fur from requiring labels dis- CILITIES ACT membership groups. closing the name of the species, the manufac- For 90 years the hospitals and caregivers of turer, the country of origin and other pertinent SPEECH OF Sinai Health System have provided medical information for consumers. The Federal Trade HON. MAXINE WATERS care and social services to communities in Commission defines that value today as OF CALIFORNIA west and south Chicago. Sinai Community In- $150—an amount that allows multiple animal IN THE HOUSE OF REPRESENTATIVES stitute provides social service outreach for the pelts on a garment without a label. lifestyle issues that contribute to health while Wednesday, May 13, 2009 Regardless of value, consumers have the the Sinai Urban Health institute researches the right to know if a product they purchase con- The House In Committee of the Whole prevalence of chronic disease in Chicago tains real fur. Consumers who may have aller- House on the State of the Union had under neighborhoods. Collectively, the Sinai Health consideration the bill (H.R. 2187) to direct System provides a full continuum of care for gies to fur, ethical objections to fur, or concern the Secretary of Education to make grants about the use of certain species, cannot make to State educational agencies for the mod- acute, primary, specialty and rehabilitation to informed purchasing choices. Furthermore, the ernization. renovation, or repair of public meet the needs of the community. ability for consumers to make well-informed school facilities, and for other purposes: f decisions based on complete information is a Ms. WATERS. Mr. Chair, I rise in strong MONGOLIA’S DEMOCRACY cornerstone of a functioning market economy. support of H.R. 2187, the 21st Century Green Importantly, labeling fur trim will not be eco- High-Performing Schools Facilities Act. In ad- nomically burdensome for apparel manufactur- dition to authorizing critical funding for school HON. BLAINE LUETKEMEYER ers or retailers. According to the Federal modernization, this bill also authorizes a spe- OF MISSOURI Trade Commission, the total number of fur cific funding stream of $600 million over six IN THE HOUSE OF REPRESENTATIVES garments, fur-trimmed garments, and fur ac- years for public schools that were damaged by Tuesday, May 19, 2009 cessories sold in the United States is esti- Hurricanes Katrina and Rita. Mr. LUETKEMEYER. Madam Speaker, in a We know that these funds are critically mated at 3,500,000. Of that, approximately vast sweep of mountains, steppe, and desert needed. As Education Week reported, in the 3,000,000 items—or 86 percent—are already in the heart of northern Asia, one of the most hours after Hurricane Katrina struck, more required to abide by labeling requirements. It remarkable political transformations of the than 100 public schools in New Orleans were will not present a difficulty to label the addi- decade is unfolding. I rise today to commend flooded. And the roughly two dozen schools tional 14 percent of products using animal fur. democracy in Mongolia. The collapse of com- that didn’t flood suffered wind and rain dam- In fact, this legislation may actually increase munism and totalitarianism has provided Mon- age. the efficiency of the manufacturing process golia with a historical opportunity of intro- Even though it has been nearly four years because it removes the need to determine an ducing simultaneous political and economic since the storm, many children continue to at- item’s value for labeling purposes. changes by dismantling the communist regime tend classes in temporary structures that are Consumer protection officials and leaders in and central planning economy to build democ- ill-suited to providing a 21st Century edu- the retail and fashion industries support fur la- racy and market capitalism. cation. In addition, 21 percent of schools re- beling. Legislation closing the loophole in the Mongolia’s democratic transition explicitly in- main closed. Fur Products Labeling Act has been endorsed dicates that Mongolia has reached remarkable by Tommy Hilfiger, Burlington Coat Factory, The funds authorized in H.R. 2187 will help put an end to the legacy of damage left by achievements in building democracy and mar- Loehmann’s, Buffalo Exchange, House of ket capitalism. Dere´on, Jay McCarroll, Andrew Marc, and oth- Hurricanes Katrina and Rita. I urge my col- leagues to support this legislation. Mongolia’s parliamentary democracy has ers. Leading designers and businesses under- been playing a meaningful role in building de- stand the need for clear labeling laws to pro- f mocracy and market capitalism, and civil soci- tect consumer confidence in their products. RECOGNIZING ROBERTA RAKOVE, ety has emerged and developed. Mongolia’s Additionally, the National Association of Con- RECIPIENT OF THE PARTNER- democratic reforms have been radical and ir- sumer Agency Administrators (NACAA), an or- SHIP FOR ACTION GRASSROOTS reversible. Now, Mongolia is committed to suc- ganization representing more than 160 gov- CHAMPION AWARD cessful completion of the final phase of its ernment agencies and 50 corporate consumer transition to market capitalism to deepen and offices, recently passed a resolution in support strengthen democracy. of truthful fur labeling and advertising, includ- HON. DANNY K. DAVIS OF ILLINOIS In closing, Madam Speaker, I ask all my col- ing the elimination of loopholes. IN THE HOUSE OF REPRESENTATIVES leagues to join me in supporting Mongolia’s It is clear that current regulations undercut continued transition to democracy. Tuesday, May 19, 2009 consumers’ ability to make informed pur- f chases and contributes to the continued pres- Mr. DAVIS of Illinois. Madam Speaker, I rise ence of dog and cat fur in garments sold in to acknowledge Roberta Rakove, Senior Vice HONORING LIEUTENANT COLONEL the U.S. I look forward to working with my col- President, Government Affairs, of Sinai Health RICHARD L. KIRCHNER FOR HIS leagues and the committee of jurisdiction to System for her outstanding leadership in cre- SERVICE TO THE CIVIL AIR PA- bring attention to this issue and enact the ating grassroots and community activity in TROL needed reforms included in the Truth in Fur support of her hospital’s mission. Roberta Labeling Act of 2009. Rakove was first nominated by the Illinois HON. MICHELE BACHMANN Hospital Association (IHA), and later awarded OF MINNESOTA f by both the IHA and the American Hospital IN THE HOUSE OF REPRESENTATIVES Association (AHA) the Partnership for Action Tuesday, May 19, 2009 PERSON EXPLANATION Grassroots Champion Award on April 28, 2009. Mrs. BACHMANN. Madam Speaker, I rise HON. TIM RYAN The Partnership for Action Grassroots today to honor Lieutenant Colonel Richard L. Champion Award was established to recog- Kirchner for his 29 years of service to the Civil OF OHIO nize hospital leaders who most efficiently in- Air Patrol. Col. Kirchner retired in February IN THE HOUSE OF REPRESENTATIVES form elected officials of the affect major issues after developing the Anoka Composite Squad- ron and serving as its Commander three Tuesday, May 19, 2009 have on a hospital’s fundamental role in the community; to recognize hospital leaders who times. Mr. RYAN of Ohio. Madam Speaker, on have done an exemplary job in broadening the After joining the Civil Air Patrol in 1980, Col. Monday, May 18, 2009, I was unable to return base of community support for the hospital; Kirchner started the Anoka Composite Squad- to Washington, DC in time to cast my vote for and to recognize hospital leaders who con- ron in 1982 with just one member. Today, it rollcall votes No. 267–269. Had I been tinue to advocate on behalf of the hospital and stands at nearly 100 members and has pro- present, I would have voted ‘‘aye’’ on rollcall its patients. duced leaders in the Civil Air Patrol, the U.S. votes No. 267, H. Res. 300; No. 268, S. 386; Roberta Rakove’s commitment to advo- Air Force, in business and the public sector and No. 269, H. Res. 442. cating for the hospital community extends to across the country. Col. Kirchner was involved

VerDate Nov 24 2008 04:44 May 20, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A19MY8.020 E19MYPT1 smartinez on PROD1PC64 with REMARKS E1202 CONGRESSIONAL RECORD — Extensions of Remarks May 19, 2009 with every aspect of the Civil Air Patrol includ- demonstrate their capability to meet the chal- States called, ‘‘Ten Pin Topics,’’ which aired ing Emergency Services, Aerospace Edu- lenges standing in their way and emerge Monday through Saturday. In addition to his cation and the Cadet program to help develop stronger than ever. America’s small busi- daily bowling show, Ladas also hosted a anyone interested in civil service. I am con- nesses will drive the economic recovery from weekly sports program called, ‘‘Shooting the fident that the Squadron will be led by other this downturn, and I remain confident that our Breeze.’’ For the past thirty years, Ladas also fine commanders and engage in new and economy will emerge stronger than ever. has been the editor and publisher of his own challenging missions in years to come, stand- Times may be tough, but America’s entrepre- monthly magazine called ‘‘Will County Sports- ing on the firm foundation laid by Col. neurial spirit is tougher. man.’’ Kirchner. To recognize the monumental achievements His professionalism and his dedication to It is my privilege to honor Lieutenant Colo- of our nation’s small firms, the Small Business sports have earned him a place of recognition nel Richard L. Kirchner for his three decades Administration (SBA) has declared May 17–23 in the following: the Illinois Sportscasters Hall of dedicated service to the Civil Air Patrol and as the 46th Annual National Small Business of Fame, the Illinois Basketball Hall of Fame, I want to thank Col. Kirchner for the role he Week. The House Small Business Committee the Illinois State Bowling Hall of Fame, the Jo- has played in so many Minnesota lives. His is celebrating all our country’s hard-working liet Junior College Hall of Fame, the Joliet and commitment to honor and duty, country and entrepreneurs by saluting the Heroes of Small Will County Hall of Pride, the Will County community and his nurturing relationship with Business, those men and women who have Bowling Hall of Fame, and the Minor League the members of the Squadron are a model for shown the strength, leadership, and resource- and Pro Football National Hall of Fame in all of us on how to lead and teach. We are all fulness that keeps our economy moving for- Canton, Ohio for his work in the media. Also, so grateful for his service. ward. in July of 2008, author Gary Seymour pub- f I ask that you, Madam Speaker, and the en- lished a book following Ladas’ career entitled, tire U.S. House of Representatives join me in The Voice of Joliet: the Life and Times of Hall TAIWAN recognizing and thanking Mr. Kirk Farra for his of Fame Radio Sportscaster Don Ladas. tremendous accomplishments on behalf of As one of the most revered figures in Joli- HON. ANH ‘‘JOSEPH’’ CAO small businesses. Mr. Farra is president of In- et’s sports scene history, sportscaster Don OF LOUISIANA Synch Systems, LLC, a company that pro- Ladas has left his mark on the world of radio IN THE HOUSE OF REPRESENTATIVES duces state-of-the-art records management and sportscasting and will serve as an inspira- software for local law enforcement agencies. Tuesday, May 19, 2009 tion to all individuals just enetering the mass In-Synch Systems has rapidly expanded since media field of broadcasting. It is with great Mr. CAO. Madam Speaker, May 20, 2009 its inception in 1999 and is currently serving pride that I recognize all of his many accom- marks a significant milestone for Taiwan, the clients across the country. The company’s top plishments upon the event of his retirement. first year in office of President Ma Ying-jeou. product is a records management system that f What began as a year of confrontation be- allows law enforcement officers to access and tween the Peoples Republic of China and Tai- share critical intelligence when they are in the PERSONAL EXPLANATION wan, President Ma has become one of co- field. In-Synch Systems has provided its prod- operation. ucts to government agencies for use in feder- HON. CAROLYN B. MALONEY The conciliatory initiatives of President Ma ally funded law enforcement programs that OF NEW YORK has produced, for the first time in decades, supply police agencies with critical software. IN THE HOUSE OF REPRESENTATIVES face to face productive meetings that have Madam Speaker, Mr. Farra has exemplified Tuesday, May 19, 2009 brought about agreement between these the remarkable accomplishments of which former adversaries in a variety of areas; legal, America’s entrepreneurs are capable. This Mrs. MALONEY. Madam Speaker, on May transportation and financial. week, he will testify before the House Small 18, 2009, I missed rollcall votes numbered Such great progress has not gone unnoticed Business Committee to share his story. I ask 267, 268, and 269. and President Ma Ying-jeou should be recog- that you and the entire U.S. House of Rep- Had I been present, I would have voted nized for his leadership. resentatives join with me in honoring him for ‘‘yea’’ on rollcall votes 267, a resolution con- f the extraordinary work he has done for the gratulating Camp Dudley YMCA of Westport, small business economy. His efforts dem- New York, on the occasion of its 125th anni- IN HONOR OF MR. KIRK FARRA, onstrate that if given the right resources, versary; 268, the Fraud Enforcement and Re- IN-SYNCH SYSTEMS America’s small businesses can be the cata- covery Act; and, 269, a resolution recognizing lysts that lift our economy from the current the importance of the Child and Adult Care HON. JASON ALTMIRE downturn and put us on the road to recovery. Food Program and its positive effect on the OF PENNSYLVANIA f lives of low-income children and families. IN THE HOUSE OF REPRESENTATIVES f IN RECOGNITION OF SPORTS- Tuesday, May 19, 2009 CASTER DON LADAS’ RETIRE- RECOGNIZING COMMISSIONER Mr. ALTMIRE. Madam Speaker, I rise today MENT DEBORAH TAYLOR TATE FOR to honor America’s entrepreneurs, those dis- RECEIVING THE ITU ‘‘WORLD tinguished individuals who support our com- HON. DEBORAH L. HALVORSON TELECOMMUNICATION & INFOR- MATION SOCIETY AWARD’’ munities, drive innovation, and keep our nation OF ILLINOIS strong. Small businesses bring fresh ideas to IN THE HOUSE OF REPRESENTATIVES the table, develop resources to help us meet Tuesday May 19, 2009 HON. MARSHA BLACKBURN the demands of an ever-changing world, and OF TENNESSEE make a meaningful impact on our neighbor- Mrs. HALVORSON. Madam Speaker, today IN THE HOUSE OF REPRESENTATIVES hoods. Entrepreneurs are responsible for pro- I rise to recognize Don Ladas for his service viding 60 to 80 percent of all new jobs, giving to Joliet, Illinois for over fifty years as an un- Tuesday, May 19, 2009 them the potential to propel rapid economic paralleled sports voice on 1340 WJOL Radio Mrs. BLACKBURN. Madam Speaker, I rise growth and expand developing fields. Some of and working for the Herald News, which has to recognize Commissioner Deborah Taylor the country’s largest companies began as made him a sports icon in Will County. Ladas, Tate, Federal Communications Commission start-ups in small offices, homes and garages WJOL’s longest full-time employee in history, member from 2005 to 2008, on the occasion exploring these new fields. Limited only by has recently announced his retirement. Out of of her receipt of the 2009 International Tele- their imagination, these firms performed cut- all of WJOL’s radio legends over the years, communication Union (ITU) ‘‘Telecommuni- ting-edge work in emerging industries that none have had the staying power and impact cation & Information Society Award.’’ have become the very foundation of our soci- that Don Ladas has had. The World Telecommunication & Information ety. For forty-seven years, Ladas has covered a Society Award is presented by the ITU in rec- As our nation and the world face the most wide variety of sports for WJOL including ognition of individuals or institutions that have difficult economic conditions in decades, entre- bowling, football, basketball, baseball, and made a significant contribution to promoting, preneurs have the potential to lead us back to softball, and has broadcasted thousands of building, or strengthening an individual-fo- prosperity. The resiliency and adaptability local high school sporting events. He was the cused, development-oriented and knowledge- shown by small businesses in past recessions host of the oldest bowling show in the United based information society. The 2009 award

VerDate Nov 24 2008 04:44 May 20, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A19MY8.025 E19MYPT1 smartinez on PROD1PC64 with REMARKS May 19, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1203 was presented to individuals dedicated to Administration (SBA) has declared May 17–23 practice. Thirty two years earlier, William global Internet connectivity, promoting innova- as the 46th Annual National Small Business Wilberforce, a noted Member of Parliament tion, and protecting children online. Week. The House Small Business Committee and British Christian leader had led the bat- tle to end slavery in England. Unfortunately, Commissioner Tate won international praise is celebrating all our country’s hard-working during the last half of the 20th Century too during her service at the FCC as a leading entrepreneurs by saluting the Heroes of Small many conservatives, Republicans specifi- voice on issues affecting families and children, Business, those men and women who have cally, were uninvolved in the battle. That and helped craft communications policy to en- shown the strength, leadership, and resource- disinterest was tied not to bigotry but rather sure that advances in communications tech- fulness that keeps our economy moving for- other priorities including a major battle to nologies benefit all Americans in a safe, se- ward. oppose the spread of Communism from the cure manner. As a result, she is known I ask that you, Madam Speaker, and the en- Soviet Union and ‘‘Red China.’’ Senator throughout the telecommunications industry as tire U.S. House of Representatives join me in Goldwater, a charter member of the Phoenix NAACP, opposed it on states’ rights grounds. the ‘‘Children’s Commissioner’’ for her dedica- recognizing and thanking Ms. Chandra Brown It was a warm summer day during the 1996 tion to online safety. for her tremendous accomplishments on be- Presidential Campaign that the National As- Receipt of ITU’s Telecommunication & Infor- half of small businesses. Ms. Brown currently sociation of Black Journalists annual con- mation Society Award further cements Com- serves as president of Oregon Iron Works’ vention was held in Nashville. The organiza- missioner Tate’s impact on the communica- subsidiary United Streetcar, the only modern tion, as most journalism groups, invites tions space during her service at the FCC, streetcar manufacturer in the United States. Presidential candidates to address their and follows a litany of awards following her With over 15 years of experience with Oregon members. On that humid Tennessee day Re- departure from the Commission, including an publican Presidential Candidate Robert Dole Iron Works, she is responsible for overall busi- and Vice Presidential Candidate Jack Kemp Award for Outstanding Public Service from ness development and marketing as the com- were slated to speak to the several thousand Common Sense Media, the Good Scout pany’s vice president. African American journalists from around Award from the Boy Scouts of America, the Recognized by Oregon’s economic commu- the nation. Most Republicans would have de- Carol Reilly Award from the New York State nity as one the state’s top business leaders, scribed this group as anything but a friendly Broadcasters Association, the Touchstones of Ms. Brown was named to the Oregon Innova- organization to GOP candidates. Leadership Award for Public Service from tion Council in 2005 by Governor Ted Senator Dole was introduced with polite Women in Cable Television, the YW Award applause. Then Jack Kemp was introduced Kulongoski. She sits on numerous non-profit and he received a standing ovation. I sat in from the Academy for Women of Achieve- boards, including serving as Vice Chair of the awe as these black Americans applauded a ment, and the Jerry Duvall Public Service Oregon Wave Energy Trust, which promotes white Republican leader. Jack stayed after Award from the Phoenix Center for Advanced job creation through the emerging wave en- his speech and shook the hand of every Public Policy Studies. ergy industry. Ms. Brown has a bachelor’s de- young journalist who wanted to meet him. On behalf of constituents throughout Ten- gree in marketing and an M.B.A. in inter- There was no story about this incident and it nessee’s 7th District, I applaud Commissioner national marketing from Miami University. has received no notice that I have ever seen. Tate for her lifetime body of work, and con- Madam Speaker, Ms. Brown has exempli- Why did Jack get this reception? It is easy gratulate her well-deserved receipt of the 2009 to understand why — Jack Kemp cared and fied the remarkable accomplishments of which he demonstrated that care over a life time. Telecommunication & Information Society America’s entrepreneurs are capable. This He was committed to the wisdom of a free Award. week, she will testify before the House Small market but he also saw that sometimes peo- f Business Committee to share her story. I ask ple fell through the cracks and that govern- that you and the entire U.S. House of Rep- ment has the responsibility to help them. COMMENDING CHANDRA BROWN resentatives join with me in honoring her for However, Jack was committed to giving the extraordinary work she has done for the people opportunity, not hand outs. He had HON. KURT SCHRADER small business economy. Her efforts dem- the strong respect of millions of Americans. In my many personal conversations with OF OREGON onstrate that if given the right resources, Jack and my work with him, that caring at- IN THE HOUSE OF REPRESENTATIVES America’s small businesses can be the cata- titude came through like a laser beam! Jack, Tuesday, May 19, 2009 lysts that lift our economy from the current in the past decade, spoke strongly for a guest downturn and put us on the road to recovery. worker program for illegal immigrants and a Mr. SCHRADER. Madam Speaker, I rise f method for these folks to become legal resi- today to honor America’s entrepreneurs, those dents of the United States. Jack saw these distinguished individuals who support our com- JACK KEMP’S LIFE PROVIDES people as hard workers who were trying to munities, drive innovation, and keep our nation IDEAS achieve the American dream, one sought by strong. Small businesses bring fresh ideas to millions from throughout the world. the table, develop the resources to meet the Jack observed one time ‘‘Republicans HON. TOM McCLINTOCK many times can’t get the words ‘equality of demands of an ever-changing world, and OF CALIFORNIA opportunity’ out of their mouths. Their lips make a meaningful impact on our neighbor- IN THE HOUSE OF REPRESENTATIVES do not form that way.’’ He also declared hoods. Entrepreneurs are responsible for pro- ‘‘There really has not been a strong Repub- viding 60 to 80 percent of all new jobs, giving Tuesday, May 19, 2009 lican message to either the poor or the Afri- them the potential to propel rapid economic Mr. MCCLINTOCK. Madam Speaker, in can American community at large.’’ growth and expand ever-developing fields. He also noted ‘‘When people lack jobs, op- memory of Jack Kemp, I would like the fol- portunity, and ownership of property they Some of the country’s largest companies lowing article included in the CONGRESSIONAL began as start-ups in small offices, homes and have little or no stake in their commu- RECORD. nities.’’ garages exploring these new fields. Limited In 1964, Senator Barry Goldwater was de- REPUBLICANS LOOKING FOR A MODERN INSPIRA- only by their imagination, these firms per- feated for the presidency. Look Magazine, TION? JACK KEMP’S LIFE PROVIDES IDEAS formed cutting-edge work in emerging indus- shortly after the solid defeat, asked writer tries that have become the very foundation of (By Jack Cox) Richard Cornuelle to write a piece entitled a our society. There has been much press coverage these ‘‘Positive Agenda for the Republican Party.’’ As our nation and the world face the most days about the problems of the Republican In 1965, Cornuelle published a new book ‘‘Re- Party seeking a new identity that resonates difficult economic conditions in decades, entre- claiming the American Dream.’’ Cornuelle, with Americans. Too often, Republicans and like Jack Kemp, called on Republicans to preneurs have the potential to lead us back to conservatives are criticized for lacking com- have answers and a positive agenda instead prosperity. The resiliency and adaptability passion and concern for many social issues of of constant opposition to government. He shown by small businesses in past recessions interest to many Americans. In the 1960’s, coined the phrase ‘‘the independent section’’ demonstrate their capability to meet the chal- Conservatives had little involvement in the which described the vital role that associa- lenges standing in their way and emerge historic battle for civil rights. Most Repub- tions, churches, and individuals play in stronger than ever. America’s small busi- licans opposed the civil rights act in 1964, in- meeting the needs of society. nesses will drive the economic recovery from cluding Presidential candidate Barry Gold- Unfortunately, Dick Cornuelle’s ideas, like water, and a great deal of resentment grew Jack Kemp’s, were not seen as providing di- this downturn and our economy will emerge within the African American community rection for the future of the Republican stronger than ever. Times may be tough, but over this apparent indifference. Party by some leaders. Jack Kemp was a dy- America’s entrepreneurial spirit is tougher. It was, of course, Republicans with Presi- namic individual who, like Ronald Reagan, To recognize the monumental achievements dent Lincoln that led the battle to end slav- always saw a glass half full rather than half of our nation’s small firms, the Small Business ery and liberate blacks from the intolerable empty. If the Republican Party is to begin

VerDate Nov 24 2008 04:44 May 20, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A19MY8.028 E19MYPT1 smartinez on PROD1PC64 with REMARKS E1204 CONGRESSIONAL RECORD — Extensions of Remarks May 19, 2009 carrying a positive banner of hope and lead- made by our Sailors, Marines, Coast Guards- mission will dedicate a bronze bust of Dr. King ership, it will need to be like Jack Kemp’s. men and Merchant Mariners around the world. in ArtsPark at Young Circle in Historic Down- Perhaps with the loss of Jack Kemp, the The dedication of the Lone Sailor Statue town Hollywood, FL, in honor of Dr. King’s life time has come for the party and Conserv- Memorial in Bremerton is a testament to the and legacy. atives in general to reexamine their prior- This project would not have been possible ities and reach out to all Americans. sustained effort of the entire Navy League Indeed it is a time for all Americans to re- Bremerton—Olympic Peninsula Council and without the hard work and dedication of City kindle their faith in an America of strong many, many community contributors and vol- Manager Benson and Grants Manager Je´an, commitment to a free market system which unteers. I want to extend my thanks and ap- who, faced with a challenging fiscal year and strives to reach all Americans, not with a preciation to all who contributed their time and budget cuts, were committed to the Dr. Martin hand out but with a hand up. Kemp reminded effort to make this event possible. Luther King, Jr. Multicultural Art Project from us ‘‘There are no limits to our future if we f its inception to its completion. In 2008, Benson don’t put limits on our people.’’ proposed the project in response to a commu- At the same time, Jack never lost his com- JUAN AND LUIS YEPEZ, RECIPI- nity recommendation to the City Commission mitment to the idea that a growing economy ENTS OF SBA’S PHOENIX AWARD is the only answer to enriching more Ameri- to create an initiative to honor Dr. Martin Lu- cans instead of fewer. He saw redistribution ther King, Jr. Determined to find a way to fi- of wealth as a policy for failure. His vision HON. NIKI TSONGAS nance the project without using General Fund for government was simple: ‘‘Every time in OF MASSACHUSETTS monies, Je´an successfully secured a $50,000 this century we’ve lowered the tax rates IN THE HOUSE OF REPRESENTATIVES grant from the W.K. Kellogg Foundation for across the board, on employment, on saving, the construction and implementation of the investment and risk-taking in this economy, Tuesday, May 19, 2009 project. After issuing a national ‘‘Call to Art- revenues went up, not down.’’ It was inter- Ms. TSONGAS. Madam Speaker, I rise ists’’ and evaluating proposals, the City Artist esting that another dynamic leader in the Democratic Party held that same view, John today to honor Juan and Luis Yepez, small Selection Committee selected Steven Whyte F. Kennedy, another inspirational leader. business owners in Lawrence, MA, for receiv- of Steven Whyte Studios in California to cre- Finally, as the Republican Party thinks ing the Small Business Administration’s 2009 ate the original art piece. about is future and the Democrats, now in Phoenix Award for Small Business Disaster Whyte’s hand-sculpted bronze bust of Dr. power, contemplate how they responsibly use Recovery. The SBA gives the Phoenix Award King weighs approximately 200 pounds and their power, we should remember Jack to individuals who display selflessness, inge- sits upon a large base that will be inscribed Kemp’s words ‘‘Democracy without morality nuity and tenacity in the aftermath of a dis- with the immortal words of Dr. King’s famous is impossible.’’ I, as so many others Ameri- aster, while contributing to the rebuilding of ‘‘I Have a Dream’’ speech. This lasting tribute cans of all colors and all parties, will miss to Dr. King’s dream and courage will become Jack Kemp. their communities. The entrepreneurial Yepez brothers are a permanent fixture in regionally acclaimed f owners of Mainstream Global, a small com- ArtsPark at Young Circle, a public venue for RECOGNIZING THE NAVY LEAGUE puter product distribution company. The Yepez arts, education, recreation and entertainment, BREMERTON-OLYMPIC PENIN- brothers chose to locate their business in the and in the Hollywood community. SULA COUNCIL ON THE OCCA- old industrial City of Lawrence and to become Madam Speaker, the realization and com- SION OF THE DEDICATION OF part of the surrounding community. Unfortu- pletion of the Dr. Martin Luther King, Jr. Multi- THE LONE SAILOR STATUE ME- nately, in May 2006 the company’s facilities cultural Art Project is a celebration of diversity MORIAL along the banks of the Merrimack River flood- in the City of Hollywood and a reminder to all ed, destroying hundreds of thousands of dol- visitors to continue working to realize Dr. HON. NORMAN D. DICKS lars of equipment and forcing a three-month King’s dream of equality for all. Once again, I shutdown of the business. would like to recognize and thank Mr. Benson, OF WASHINGTON Ms. Je´an, and the City of Hollywood, Florida IN THE HOUSE OF REPRESENTATIVES Despite this setback, Juan and Luis kept their twelve employees on payroll throughout City Commission for their support of this Tuesday, May 19, 2009 the recovery process, and now, in the midst of project and for their commitment to the com- Mr. DICKS. Madam Speaker, I come to the a deep recession, they have expanded Main- munity. floor of the House today to express my sup- stream Global to a staff of thirty-two. The f port and appreciation for the Navy League of Yepez brothers continue to be committed part- BARBARA MCCLAIN OWNER AND the United States and congratulate the mem- ners in the rebirth of Lawrence by investing in PRESIDENT, MCCLAIN CON- bers of the Navy League Bremerton-Olympic the renovation of other old, abandoned mill TRACTING COMPANY, INC. ANDA- Peninsula Council upon the dedication of the buildings in the downtown, converting these LUSIA, AL Lone Sailor Statue Memorial at Bremerton, buildings into office space, educational facili- Washington. ties, and affordable housing. The Lone Sailor Statue is symbolic of the HON. BOBBY BRIGHT I congratulate the Yepez brothers for their OF ALABAMA many sacrifices made by our mariners, their outstanding contribution to the City of Law- IN THE HOUSE OF REPRESENTATIVES families and the communities that support rence and its residents, and their dedication to them. On May 23, 2009, the Navy League the revitalization of our community. Tuesday, May 19, 2009 Bremerton—Olympic Peninsula Council will f Mr. BRIGHT. Madam Speaker, I rise today dedicate a Lone Sailor Statue Memorial at to honor America’s entrepreneurs, those dis- Bremerton Harborside in Bremerton, Wash- PRAISING THE HOLLYWOOD, FLOR- tinguished individuals who support our com- ington. This statue honors and embodies the IDA CITY COMMISSION FOR ITS munities, drive innovation, and keep our nation longstanding bond the city and region share SUPPORT IN THE REALIZATION strong. Small businesses bring fresh ideas to with our Navy and maritime past. OF THE DR. MARTIN LUTHER the table, develop the resources to meet the Since its founding, the United States has re- KING, JR. MULTICULTURAL ART demands of an ever-changing world, and lied upon access to and unhindered use of the PROJECT make a meaningful impact on our neighbor- world’s oceans in order to enhance its security hoods. Entrepreneurs are responsible for pro- and maintain its interests. The sea services of HON. ALCEE L. HASTINGS viding 60 to 80 percent of all new jobs, giving the United States; the Navy, Marine Corps, OF FLORIDA them the potential to propel rapid economic Coast Guard and U.S. Merchant Marine, were IN THE HOUSE OF REPRESENTATIVES growth and expand ever-developing fields. essential to our young Nation’s security, Some of the country’s largest companies Tuesday, May 19, 2009 growth and prosperity then, and they remain began as start-ups in small offices, homes and so today. Mr. HASTINGS of Florida. Madam Speaker, garages exploring these new fields. Limited The Navy League of the United States was I rise to honor the City of Hollywood, Florida only by their imagination, these firms per- formed in 1902 to ensure continued support City Commission, and in particular, City Man- formed cutting-edge work in emerging indus- for the men and women of the sea services in ager Cameron D. Benson and Grants Man- tries that have become the very foundation of their duties. It continues this vital mission ager Rene´e Je´an, for their instrumental sup- our society. today through the education of our citizenry port in the realization of the Dr. Martin Luther As our nation and the world face the most and the Nation’s political leaders on the impor- King, Jr. Multicultural Art Project. On May 21, difficult economic conditions in decades, entre- tant role of the sea services and the sacrifices 2009, the City of Hollywood, Florida City Com- preneurs have the potential to lead us back to

VerDate Nov 24 2008 04:44 May 20, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K19MY8.006 E19MYPT1 smartinez on PROD1PC64 with REMARKS May 19, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1205 prosperity. The resiliency and adaptability The third Chiang-Chen Talks, which took ed by a quarter-cent sales tax, it is the only shown by small businesses in past recessions place in Nanjing, brought together top officials such district in the state of California and is demonstrate their capability to meet the chal- from both sides of the Taiwan straits to dis- overwhelmingly supported by Sonoma Coun- lenges standing in their way and emerge cuss issues that are of mutual benefit to Tai- ty’s residents. stronger than ever. America’s small busi- wan and China. Three important agreements Andrea helped direct the 2006 campaign to nesses will drive the economic recovery from were signed at these talks. renew the sales tax, which passed overwhelm- this downturn and our economy will emerge The ‘‘Agreement on Joint Cross-Strait ingly. Voters value the organization’s mission stronger than ever. Times may be tough, but Crime-fighting and Mutual Judicial Assistance’’ and its programs including: matching grants to America’s entrepreneurial spirit is tougher. will improve cooperation between the two partner with local cities and agencies for land To recognize the monumental achievements sides with respects to criminal investigations acquisition, preservation and enhancement; of our nation’s small firms, the Small Business by sharing information and lending other law stewardship in managing these lands and var- Administration (SBA) has declared May 17–23 enforcement assistance as needed. ious easements to protect them, as well as to as the 46th Annual National Small Business Secondly, the ‘‘Cross Strait Financial Co- allow for public access; land leases to local Week. The House Small Business Committee operation Agreement’’ will help improve mone- growers; and public and educational outings, is celebrating all our country’s hard-working tary exchanges and may lead to Taiwan open- including a focus on underserved populations. entrepreneurs by saluting the Heroes of Small ing financial institutions on the mainland. Andrea has played a key role in developing Business, those men and women who have Lastly, a ‘‘Supplementary Agreement on these programs as well as increasing the shown the strength, leadership, and resource- Cross-Strait Air Transport’’ was signed to in- amount of open space from 25,000 acres to fulness that keeps our economy moving for- crease the number of daily flights, both pas- 75,000 acres (including 33,000 acres of farm- ward. senger and cargo, between Taiwan and China land). I ask that you, Madam Speaker, and the en- plus increase the number of airports by which In 2007, in testament to Andrea’s manage- tire U.S. House of Representatives join me in these flights will depart. ment, the District was selected for the National recognizing and thanking Ms. Barbara McClain In addition to these three agreements, Leadership in Conservation Award from the for her tremendous accomplishments on be- China has agreed to encourage investments National Association of Counties (NACo) and half of small businesses. Ms. McClain is from the mainland into Taiwan ventures. the Trust for Public Land in Washington, D.C. owner and president of McClain Contracting All of these important agreements would not She was also one of 36 Fellows selected to Company, Inc., a firm that has provided a have been possible without President Ma’s participate in the National Conservation Lead- range of services to military bases and other leadership and courage. Again, congratula- ership Institute program, is a member of the federal installations. Ms. McClain began her tions to President Ma and both countries on Executive Committee and future President of career as a bookkeeper and payroll clerk in each side of the Taiwan Strait. the Bay Area Open Space Council and served 1968, and worked for several firms before in- f on both the Urban Rural Roundtable (formed corporating her own business in 1990 selling by San Francisco Mayor Gavin Newsom to ATVs and watercraft. After limited success in HONORING ANDREA MACKENZIE create a Bay Area Regional Food System) this venture, McClain transformed the busi- and on the Statewide Watershed Advisory ness and became a licensed construction HON. MIKE THOMPSON Committee. company, receiving a SBA certification as a OF CALIFORNIA Madam Speaker, Andrea Mackenzie’s com- HubZone and 8(a) firm in September 2005. IN THE HOUSE OF REPRESENTATIVES bination of visionary and practical leadership With the program’s assistance, McClain Tuesday, May 19, 2009 has made the Sonoma County Agricultural Contracting prospered by expanding its work Preservation and Open Space District a vital to the federal level. The company has been Mr. THOMPSON of California. Madam player in our community. Sonoma County awarded over $13 million in contracts by Speaker, I, along with my colleague Congress- could have gone the way of other growing Kessler Air Force Base and performed work woman LYNN WOOLSEY, rise today to honor a counties in California with sprawl from end to for other military and veteran-service facilities dedicated and beloved advocate for pre- end. Instead, it remains blessed with green in Mississippi. Having gained a reputation for serving agriculture and the environment in open space, productive agriculture, and many quality work, McClain Contracting is currently Sonoma County, California. Andrea Mackenzie unique and intact ecosystems. We thank her seeking to expand its services throughout the is leaving the Sonoma County Agricultural for her great contributions to our children’s Southeast region. Preservation and Open Space District, and we natural inheritance and wish her luck in her Madam Speaker, Ms. McClain has exempli- celebrate her 12 productive years, especially new position where she will be continuing her fied the remarkable accomplishments of which the last eight years as General Manager. good work closer to her family. Andrea was born in upstate New York and America’s entrepreneurs are capable. This f week, she will testify before the House Small grew up in Los Angeles. She earned a Bach- Business Committee to share her story. I ask elor’s Degree in Environmental Studies from HONORING MARK A. BANCROFT that you and the entire U.S. House of Rep- the University of California at Santa Barbara resentatives join with me in honoring her for and a Master’s Degree in Urban Planning and HON. MICHAEL H. MICHAUD the extraordinary work she has done for the Natural Resources from the University of Cali- OF MAINE small business economy. Her efforts dem- fornia at Los Angeles. IN THE HOUSE OF REPRESENTATIVES With her love of both the coast and the rug- onstrate that if given the right resources, Tuesday, May 19, 2009 America’s small businesses can be the cata- ged mountains of the High Sierra, it is no sur- lysts that lift our economy from the current prise that Andrea worked for over 25 years in Mr. MICHAUD. Madam Speaker, I rise downturn and put us on the road to recovery. land use and conservation-related positions, today to recognize the accomplishments of including the East Bay and San Francisco f Mark A. Bancroft, President of Bancroft Con- where she began to develop a focus on col- tracting Corporation in South Paris, Maine. PRESIDENT MA OF TAIWAN laborative public/private projects and regional Mr. Bancroft knows the meaning of dedica- approaches. She also loves walkable commu- tion. He started working for his father’s com- HON. JOHN CONYERS, JR. nities, old barns, hiking and kayaking, country pany, Bancroft Contracting Corporation, at the OF MICHIGAN rock, and nature writers. age of fourteen. He spent weekends, holidays, IN THE HOUSE OF REPRESENTATIVES Andrea first served the Sonoma County Ag- and school vacations learning the skills nec- ricultural Preservation and Open Space Dis- essary to succeed in his trade. After success- Tuesday, May 19, 2009 trict as project manager for the strategic con- fully completing the Construction Management Mr. CONYERS. Madam Speaker, I rise servation plan update, creating documents Technology program at the University of today to offer my congratulations on the one that have become models for other public land Maine, Mr. Bancroft returned to work for his year anniversary of President Ma of Taiwan. conservation agencies. In 2000, she was ap- father full time. President Ma has accomplished much during pointed General Manager by the Board of Su- In the years following the completion of his his tenure to reduce the tensions in the Tai- pervisors. degree, Mr. Bancroft worked as a project man- wan Strait. The mission of the District is to ‘‘perma- ager, human resources manager, operations I want to shed light on the third Chiang- nently protect the diverse agricultural, natural manager, Vice President of Operations, and Chen talks that occurred last month to high- resource and scenic open space lands of President for Bancroft Contracting Company. light my point. Sonoma County for future generations.’’ Fund- In 2004, he became owner and CEO. Today,

VerDate Nov 24 2008 04:44 May 20, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A19MY8.032 E19MYPT1 smartinez on PROD1PC64 with REMARKS E1206 CONGRESSIONAL RECORD — Extensions of Remarks May 19, 2009 Mr. Bancroft’s company employs one hundred- The Bronx is full of busy men, but most of strong. Small businesses bring fresh ideas to thirty workers during the winter and more than us found the activities of Dr. Karmon aston- the table, develop the resources to meet the two hundred during the summer. The Small ishing. He took time to work with dozens of demands of an ever-changing world, and Business Administration has recognized Mr. groups and organizations in keeping The make a meaningful impact on our neighbor- Bancroft’s business expertise and commitment Bronx a good place to work and live, and all hoods. Entrepreneurs are responsible for pro- by naming him the Maine Small Business Per- of that on a ‘‘volunteer basis.’’ This had been viding 60 to 80 percent of all new jobs, giving son of the Year for 2009. a ‘‘working together’’ story with people of all them the potential to propel rapid economic Madam Speaker, please join me in con- groups. Dr. Karmon was one of the most growth and expand ever-developing fields. gratulating Mr. Bancroft on a lifetime of hard deeply involved residents of our borough. For Some of the country’s largest companies work and devotion. all his work, Dr. Karmon was awarded an hon- began as start-ups in small offices, homes and f orary Doctor of Humane Letters by Lehman garages exploring these new fields. Limited College, the Presidential Medallion by Bronx only by their imagination, these firms per- HONORING RABBI HOWARD Community College, and the first Hostos Com- formed cutting-edge work in emerging indus- HERSCH munity College Presidential Medal. tries that have become the very foundation of A graduate of New York University, Dr. our society. HON. PATRICK J. MURPHY Karmon worked as an accountant, a manufac- As our nation and the world face the most OF PENNSYLVANIA turer of clothing and as a clothing retailer on difficult economic conditions in decades, entre- IN THE HOUSE OF REPRESENTATIVES Prospect Avenue. The business, Hollywood preneurs have the potential to lead us back to prosperity. The resiliency and adaptability Tuesday, May 19, 2009 Clothes, was a Bronx Institution for over 30 years. He was also a builder of parking lots, shown by small businesses in past recessions Mr. PATRICK J. MURPHY of Pennsylvania. demonstrate their capability to meet the chal- developer of buildings for use by public and Madam Speaker, I rise today to honor Rabbi lenges standing in their way and emerge private agencies and was very active in many Howard Hersch, the spiritual leader of Con- stronger than ever. America’s small busi- phases of real estate. Dr. Karmon served The gregation Brothers of Israel in Newtown, nesses will drive the economic recovery from Bronx for 68 years in many business, civic, Bucks County, Pennsylvania. Rabbi Hersch this downturn and our economy will emerge health, service and humanitarian organiza- will be retiring in July after 48 years of dedi- stronger than ever. Times may be tough, but tions. He served on the organizational com- cated service to his community. America’s entrepreneurial spirit is tougher. While serving at the Congregation Brothers mittee that brought about the Einstein College To recognize the monumental achievements of Israel, Rabbi Hersch has worked tirelessly of Medicine and he continued to work on be- of our nation’s small firms, the Small Business to provide his congregants with leadership, half of the College until his death. Administration (SBA) has declared May 17–23 kindness, and an open ear. His combination of Dr. Karmon served as an officer or chair- as the 46th Annual National Small Business wisdom, humor, and compassion has created man in The Bronx Rotary Club, The Bronx Week. The House Small Business Committee an atmosphere of warmth in his synagogue Council of the Albert Einstein College of Medi- is celebrating all our country’s hard-working that his congregants will truly miss. cine, American Jewish Congress, Bronx Divi- entrepreneurs by saluting the Heroes of Small Rabbi Hersch is not only a scholar, teacher, sion, Bronx Boy’s and Girls Clubs’, Visions Business, those men and women who have and respected associate of several Rabbinical and Community Services for the Blind and the shown the strength, leadership, and resource- Boards, but also a member of many humani- Bronx YMCA. Dr. Karmon served as President fulness that keep our economy moving for- tarian and civic organizations. He has dedi- of the Bronx Chamber of Commerce for four ward. cated his life to advancing the causes of the consecutive terms after serving on its Board I ask that you, Madam Speaker, and the en- State of Israel, the Jewish people, and of all since 1953. He played an instrumental role in tire U.S. House of Representatives join me in people in need. organizing the South Bronx Board of Trade, recognizing and thanking Mr. Sutton Bacon for Rabbi Hersch has contributed enormously to which greatly aided minority businesses and his tremendous accomplishments on behalf of his community in Bucks County. His commit- was one of the founders of the Ponce de Leon small businesses. Mr. Bacon is President and ment to service through spiritual leadership Federal Bank in 1959. CEO of Nantahala Outdoor Center (NOC), the and education is a characteristic to be emu- For twenty-two years, Mr. Karmon served as largest outdoor recreation company in the lated. Madam Speaker, I am proud to recog- a member of the Lay Advisory Board for Lin- United States. He is responsible for overall nize Rabbi Hersch for his outstanding efforts, coln Hospital, nine of those years as its chair- business strategy and operational perform- and am extremely honored to serve as his man, and he played a pivotal role in the estab- ance of the employee-owned company, which Congressman. lishment of the new Lincoln Hospital. Dr. draws over half a million visitors every year. f Karmon was also credited with helping to cre- Located near the Great Smoky Mountains Na- ate the first building of Hostos Community Col- tional Park, NOC has been honored by sev- REMEMBERING THE LIFE OF ‘‘MR. lege. eral publications for its exemplary facilities and BRONX,’’ DR. ELIAS KARMON Elias will be long remembered for his ex- service excellence. traordinary commitment, energy, wisdom, dis- Mr. Bacon is an active conservationist, serv- HON. CHARLES B. RANGEL cipline, principle, and clear purpose which won ing on the boards of multiple outdoor recre- OF NEW YORK the admiration of all who were privileged to ation and natural preservation organizations. IN THE HOUSE OF REPRESENTATIVES come to know and work with him during his He is an advocate of increased youth involve- Tuesday, May 19, 2009 distinguished career in and around music. I ment with nature, and established the NOC consider myself fortunate to have had the op- Foundation to provide better access to outdoor Mr. RANGEL. Madam Speaker, I rise with portunity to observe and experience his exam- experiences, equipment, and education for great sadness as I remember the life of my ple as a personal inspiration. youth and underserved communities. A classi- dear friend Dr. Elias Karmon who recently Madam Speaker, rather than mourn his cally trained musician, Mr. Bacon has per- passed away. As I speak with profound sor- passing, I hope that my colleagues will join me formed with the Atlanta Symphony Orchestra row, I ascend to celebrate a life well lived and in celebrating the life of Dr. Elias Karmon by Chorus and has performed on GRAMMY to remember with fondness the accomplish- remembering that he exemplified greatness in Award-winning commercial records. ments of a remarkable man who, over his every way. Madam Speaker, Mr. Bacon has exemplified many years in our community, etched his f the remarkable accomplishments of which name in history as a visionary who erected in- America’s entrepreneurs are capable. This stitutions and forever transformed the quality RECOGNIZING MR. SUTTON BACON week, he will testify before the House Small of life of his fellow Bronxites. Business Committee to share his story. I ask Mr. Bronx, as he was affectionately called, HON. HEATH SHULER that you and the entire U.S. House of Rep- was born on March 4, 1910 and until his death OF NORTH CAROLINA resentatives join with me in honoring him for on October 21, 2008, he was doing what he IN THE HOUSE OF REPRESENTATIVES the extraordinary work he has done for the loved the most—attending to the needs of The small business economy. His efforts dem- Bronx community. His death at the age of 98 Tuesday, May 19, 2009 onstrate that if given access to the right re- years old does not signal an end to a dedi- Mr. SHULER. Madam Speaker, I rise today sources, America’s small businesses can be cated career of serving his community, but the to honor America’s entrepreneurs, those dis- the catalysts that lift our economy from the beginning for those whose lives were touched tinguished individuals who support our com- current downturn and put us on the road to re- by Dr. Karmon to continue his work. munities, drive innovation, and keep our nation covery.

VerDate Nov 24 2008 04:44 May 20, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A19MY8.035 E19MYPT1 smartinez on PROD1PC64 with REMARKS May 19, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1207 HONORING THE EMPLOYEES OF gress recognizes the important work con- beloved military families. She’ll represent mili- GENESYS REGIONAL MEDICAL ducted by the AmericaView Consortium in col- tary families with distinction as the 2009 Navy CENTER laboration with U.S.G.S. Since the 1970s, the Spouse of the Year. federal government has invested in earth-ob- f HON. DALE E. KILDEE serving satellites that provide remote sensing imagery. When federal geospatial imagery is THE WOUNDED VETERAN JOB OF MICHIGAN SECURITY ACT IN THE HOUSE OF REPRESENTATIVES available in a cost-effective and timely man- ner, state, local, and tribal governments as Tuesday, May 19, 2009 well as educational institutions are able to de- HON. JOHN T. SALAZAR Mr. KILDEE. Madam Speaker, I rise today velop new scientific, educational, and practical OF COLORADO to pay tribute to the employees of Genesys applications for the data and to adopt new IN THE HOUSE OF REPRESENTATIVES Regional Medical Center for their quick action tools for applied research, education, and Tuesday, May 19, 2009 during a fire at the hospital on March 22, training. 2009. The AmericaView program is uniquely posi- Mr. SALAZAR. Madam Speaker, I rise today On that morning a fire started in a patient tioned to help each state develop applications in support of H.R. 466 the Wounded Veteran room at the Medical Center. A nurse sounded and skills necessary to effectively apply Job Security Act. the alarm and escorted the patient from the geospatial imagery for multiple state-focused It is more important than ever that we sup- room. The nursing staff mobilized and moved mapping purposes, and to expand the use and port this bill because of the difficult economic 36 patients from the area of the fire. The pa- benefits of geospatial imagery for research times facing our nation. tients ranged from the wheelchair-bound to the and operational purposes within each state. American servicemen and women put their non-ambulatory and many were on oxygen. Thank you, Madam Speaker. I look forward lives on the line every day to ensure our free- Security staff, other employees and physicians to working with all my colleagues to promptly doms. moved in with fire extinguishers. The oxygen pass the AmericaView Geospatial Imagery Across the globe, U.S. troops are engaging supply to the area was cut off, the sprinkler Mapping Program Act. in combat and humanitarian missions that system activated and the fire was contained to f place them in harms way. one room. Regardless of the danger, generations of The Grand Blanc Fire Department noted TRIBUTE TO CHRISTY KURIATNYK Americans continue to answer the call of duty. that not one patient or employee was injured My father was an Army Staff Sergeant dur- during the entire incident. Due to the quick re- HON. LYNN A. WESTMORELAND ing World War II. sponse by the Genesys staff, patient care was OF GEORGIA My brother and I served in the Army during not compromised during the evacuation. Fire IN THE HOUSE OF REPRESENTATIVES the Vietnam era. Most recently, my son’s Army National Chief James Harmes has complimented the Tuesday, May 19, 2009 Genesys team for their great work during the Guard unit was activated after the September crisis. Mr. WESTMORELAND. Madam Speaker, I 11th attacks. Madam Speaker, the Genesys Regional rise today to pay tribute to Christy Kuriatnyk, As a former member of the House Com- Medical Center staff put the well-being of their named the 2009 Navy Spouse of the Year by mittee on Veteran’s Affairs, I worked with my patients first and they worked together to en- Military Spouse Magazine and USAA. colleagues to ensure that Veterans had oppor- sure each and every patient was moved to We often praise our men and women in uni- tunities to find a job once they returned home. safety, the fire was extinguished expeditiously, form who put their lives on the line every day It is important that veterans not only find a and the security of the Medical Center was not for our freedom and our security. We’re aware job, but they are not penalized by their em- compromised. I ask the House of Representa- of the debt we owe to them but perhaps ne- ployer for injuries or illnesses they received in tives to join me in commending the employees glect the unsung heroes they leave behind on the service of their nation. for their unwavering dedication and quick ac- the home front: the spouses and children of A stable career path is essential to ensuring tion. our troops. a seamless transition into civilian life. f From among these great Americans, It is unacceptable to merely provide equip- Kuriatnyk has gained singular acclaim for her ment to protect our troops in combat without INTRODUCTION OF THE outstanding contributions to her community also having policies in place to protect them AMERICANVIEW GEOSPATIAL IM- above and beyond her duties as a military once they return home. AGERY MAPPING PROGRAM ACT spouse, mother of three and employee of the I hope to work with my colleagues on both Columbus Health Department. sides of the aisle to create policy that helps HON. STEPHANIE HERSETH SANDLIN Kuriatnyk holds down the fort in Ellerslie, our veterans and their families prosper and OF SOUTH DAKOTA GA, while her husband, Lt. Cmdr. Alex enjoy the freedoms they helped to ensure. IN THE HOUSE OF REPRESENTATIVES Kuriatnyk, is stationed at the Gulfport, MS, f Construction Battalion Center. He is the oper- Tuesday, May 19, 2009 ations officer there. ASIAN PACIFIC AMERICAN Ms. HERSETH SANDLIN. Madam Speaker, Though married to a Navy man, Kuriatnyk HERITAGE MONTH today I am pleased to introduce the often works on behalf of Army families sta- AmericaView Geospatial Imagery Mapping tioned at nearby Fort Benning. She’s an active HON. BARBARA LEE Program Act. volunteer for Operation Homefront and she’s OF CALIFORNIA AmericaView is a nationwide program that helped organize baby showers for Army IN THE HOUSE OF REPRESENTATIVES focuses on satellite remote sensing data and spouses and ‘‘My Mommy/Daddy’s Deploy- technologies in support of applied research, ment Party’’ for the children of Fort Benning Tuesday, May 19, 2009 K–16 education, workforce development, and soldiers who have gone overseas. As the Ms. LEE of California. Madam Speaker, I technology transfer. AmericaView is adminis- daughter of a Korean War vet, she has a spe- rise today in celebration of Asian Pacific tered through a partnership between the U.S. cial bond with these children and she knows American Heritage Month. Geological Survey and the AmericaView Con- the anxiety they feel when their parents are Asian Pacific American Heritage Week was sortium, which is comprised of over 30 deployed. first established in 1978 through a joint con- ‘‘StateViews.’’ The Consortium is the federal Kuriatnyk’s work on behalf of children has gressional resolution. The first 10 days of May government’s primary partner in achieving the benefited all of Georgia, not just her fellow were chosen to coincide with two key anniver- program’s vision and goals. Specifically, ap- military families. She’s created programs that saries—the arrival in the U.S. of the first Japa- plied researchers at universities in each mem- have advanced the causes of booster seat nese immigrants on May 7, 1843 and the ber state collaborate with each other and with use, lead-free toys and skateboard safety. completion of the transcontinental railroad on government agencies to develop and share in- I’m proud to have this great patriot as a May 10, 1869. Fourteen years later, Congress formation and techniques for using remote constituent in Georgia’s 3rd Congressional expanded the week to a month-long celebra- sensing data. District. I call on my colleagues in the House tion. The purpose of this bill is to authorize the to join me in congratulating Christy Kuriatnyk Today, I am proud to join with all Americans AmericaView Geospatial Imagery Mapping on attaining this honor and in thanking her for in celebrating the tremendous contributions of Program. By authorizing this program, Con- all of the time and energy she devotes to our the Asian American and Pacific Islander,

VerDate Nov 24 2008 04:44 May 20, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A19MY8.039 E19MYPT1 smartinez on PROD1PC64 with REMARKS E1208 CONGRESSIONAL RECORD — Extensions of Remarks May 19, 2009 AAPI, community in to this country. The AAPI Alternatives and Resources (OAR) of Fairfax OAR 2009 Volunteer and Community Partner community is the fastest-growing minority County and its 2009 Volunteer and Commu- Awardees: group in the United States. The Census Bu- nity Partner Awardees. Volunteers of the Year: Linda Grill of Clifton reau estimates that by 2050 more than 33.4 OAR of Fairfax County is a community- million Asian Americans will live in the United based non-profit with 38 years of experience and Dana McMillen-Paz of Fairfax States. providing a continuum of pre-release and post- William H. Sandweg Award for Advocacy I am extremely proud to represent several incarceration services for offenders and their and Financial Support: The Apex Foundation emerging AAPI neighborhoods in my District families in Fairfax County. OAR’s mission is to of Herndon representing cultures from Vietnam, Korea and rebuild lives and break the cycle of crime with The Nancy Cornelius Memorial Award for China just to name a few. In particular, the opportunities, alternatives and resources for Chinatown neighborhood located in Oakland, offenders to create a safer community. To ac- Leadership and Support in the Criminal Jus- California has grown and evolved into one of complish this, OAR’s professional staff and its tice Community: Col. David M. Rohrer, Chief, the most cohesive and vibrant business and trained volunteers develop, promote, and op- Fairfax County Police Department arts communities in the, Ninth Congressional erate cost-effective programs to restore crimi- Marjorie Ginsburg Award for Service to District. nal offenders to productive roles in the com- Families: St. Mary of Sorrows Catholic As we celebrate Asian Pacific American munity. OAR also offers options to prosecution Heritage Month, I encourage the people of my Church, Fairfax, Carol Mayfield, Social Min- and/or incarceration and provides support istry Director district and this nation to learn about the rich services to families. In offering assistance to and proud heritage of Asian Pacific Ameri- offenders, OAR promotes the principles of re- Corporate Partner Award: Casual Male Big cans. storative justice, which holds offenders ac- & Tall Outlet Store, Woodbridge f countable for their crimes and requires that Executive Director’s Award: Lonny Ford of HONORING THE OAR OF FAIRFAX they provide restitution for the harm caused to Gainesville COUNTY’S 2009 VOLUNTEER AND the entire community. Madam Speaker, I ask my colleagues to join COMMUNITY PARTNER AWARD- The effectiveness of OAR is evident. In EES 2006, OAR provided services to more than me in expressing gratitude for the efforts of 3,000 clients. In addition, OAR of Fairfax has these volunteers and their colleagues at OAR HON. GERALD E. CONNOLLY been recognized by the Catalogue for Philan- of Fairfax County. The selfless commitment of thropy as one of the best small charities in OF VIRGINIA these individuals provides enumerable benefits Greater Washington. IN THE HOUSE OF REPRESENTATIVES to Northern Virginia and life-changing services OAR would not be able to achieve these to the clients and families being served. Tuesday, May 19, 2009 stellar results without the selfless dedication of Mr. CONNOLLY of Virginia. Madam Speak- its volunteers. It is my honor to enter into the er, I rise today to pay tribute to Opportunities, CONGRESSIONAL RECORD, the names of the

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HIGHLIGHTS Senate passed H.R. 627, Credit Cardholders’ Bill of Rights Act. Senate Landrieu Modified Amendment No. 1079 (to Chamber Action Amendment No. 1058), to end abuse, promote dis- Routine Proceedings, pages S5565–S5647 closure, and provide protections to small businesses Measures Introduced: Fourteen bills and four reso- that rely on credit cards. Page S5570 lutions were introduced, as follows: S. 1067–1080, S. Collins/Lieberman Modified Amendment No. Res. 152–154, and S. Con. Res. 23. Pages S5614–15 1107 (to Amendment No. 1058), to address stored Measures Reported: value devices and cards. Page S5570 Special Report entitled ‘‘Allocation to Subcommit- Lincoln Amendment No. 1126 (to Amendment tees of Budget Totals From the Concurrent Resolu- No. 1107), to amend the Federal Deposit Insurance tion, Fiscal Year 2009’’. (S. Rept. No. 111–22) Act with respect to the extension of certain limita- H.R. 35, to amend chapter 22 of title 44, United tions. Page S5570 States Code, popularly known as the Presidential Helping Families Save Their Homes Act: Senate Records Act, to establish procedures for the consider- passed S. 896, to prevent mortgage foreclosures and ation of claims of constitutionally based privilege enhance mortgage credit availability. Page S5588–89 against disclosure of Presidential records, with an Special Reserve Funding: Senate agreed to S. Res. amendment in the nature of a substitute. (S. Rept. 152, to amend S. Res. 73 to increase funding for the Page S5614 No. 111–21) Special Reserve. Pages S5581–82 Measures Passed: Ronald Reagan Centennial Commission Act: Credit Cardholders’ Bill of Rights Act: By 90 Senate passed H.R. 131, to establish the Ronald yeas to 5 nays (Vote No. 194), Senate passed H.R. Reagan Centennial Commission, clearing the meas- 627, to amend the Truth in Lending Act to establish ure for the President. Page S5645 fair and transparent practices relating to the exten- Importance of Public Diplomacy: Senate agreed sion of credit under an open end consumer credit to S. Res. 49, to express the sense of the Senate re- plan, as amended, after taking action on the fol- garding the importance of public diplomacy. lowing amendments proposed thereto: Pages S5570–81 Adopted: Page S5645 Dodd Amendment No. 1130 (to Amendment No. M.S. St. Louis 70th Anniversary: Committee on 1058), of a perfecting nature. Page S5570 the Judiciary was discharged from further consider- Dodd/Shelby Amendment No. 1058, in the nature ation of S. Res. 111, recognizing June 6, 2009, as of a substitute. Page S5570 the 70th anniversary of the tragic date when the During consideration of this measure today, Senate M.S. St. Louis, a ship carrying Jewish refugees from also took the following action: Nazi Germany, returned to Europe after its pas- By 92 yeas to 2 nays (Vote No. 193), three-fifths sengers were refused admittance to the United of those Senators duly chosen and sworn, having States, and the resolution was then agreed to. voted in the affirmative, Senate agreed to the motion Page S5646 to close further debate on Dodd/Shelby Amendment National Small Business Week: Senate agreed to No. 1058. Page S5570 S. Res. 154, honoring the entrepreneurial spirit of Chair sustained a point of order that the following small business concerns in the United States during amendments were not germane post-cloture, and the National Small Business Week, beginning May 17, amendments thus fell: 2009. Pages S5646–47 D576

VerDate Nov 24 2008 05:13 May 20, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D19MY9.REC D19MYPT1 smartinez on PROD1PC64 with DIGEST May 19, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D577 Measures Considered: House Messages: Supplemental Appropriations Act: Senate began Helping Families Save Their Homes Act: Senate consideration of H.R. 2346, making supplemental concurred in the amendment of the House of Rep- appropriations for the fiscal year ending September resentatives to S. 896, to prevent mortgage fore- 30, 2009, taking action on the following amend- closures and enhance mortgage credit availability. ments proposed thereto: Pages S5589–S5607 Page S5581 Adopted: Signing Authority—Agreement: A unanimous- Inouye/Cochran Amendment No. 1131, in the na- consent agreement was reached providing that on ture of a substitute. Page S5591 Tuesday, May 19, 2009, the Majority Leader, be au- Inouye Amendment No. 1137, of a perfecting na- thorized to sign duly enrolled bills or joint resolu- ture. Pages S5595–98, S5607 tions. Page S5565 Pending: Inouye/Inhofe Amendment No. 1133, to prohibit Nominations Confirmed: Senate confirmed the fol- funding to transfer, release, or incarcerate detainees lowing nominations: detained at Guantanamo Bay, Cuba, to or within the By 88 yeas to 6 nays (Vote No. Ex. 195), Gary Gensler, of Maryland, to be a Commissioner of the United States. Pages S5591–95 McConnell Amendment No. 1136, to limit the Commodity Futures Trading Commission for a term release of detainees at Guantanamo Bay, Cuba, pend- expiring April 13, 2012. ing a report on the prisoner population at the deten- Gary Gensler, of Maryland, to be Chairman of the Commodity Futures Trading Commission. tion facility at Guantanamo Bay. Page S5595 Cornyn Amendment No. 1139, to express the Kristina M. Johnson, of Maryland, to be Under sense of the Senate that the interrogators, attorneys, Secretary of Energy. and lawmakers who tried in good faith to protect Steven Elliot Koonin, of California, to be Under the United States and abide by the law should not Secretary for Science, Department of Energy. be prosecuted or otherwise sanctioned. Scott Blake Harris, of Virginia, to be General Pages S5598–S5602 Counsel of the Department of Energy. Brownback Amendment No. 1140, to express the Larry J. Echo Hawk, of Utah, to be an Assistant sense of the Senate on consultation with State and Secretary of the Interior. Pages S5582–88, S5647 local governments in the transfer to the United Nomination Received: Senate received the fol- States of detainees at Naval Station Guantanamo lowing nomination: Bay, Cuba. Pages S5602–07 Philip L. Verveer, of the District of Columbia, for A motion was entered to close further debate on the rank of Ambassador during his tenure of service the bill and, in accordance with the provisions of as Deputy Assistant Secretary of State for Inter- rule XXII of the Standing Rules of the Senate, a national Communications and Information Policy in vote on cloture will occur on Thursday, May 21, the Bureau of Economic, Energy, and Business Af- 2009. Page S5607 fairs and U.S. Coordinator for International Commu- A unanimous-consent time agreement was reached nications and Information Policy. Page S5647 providing for further consideration of the bill at 9:30 Messages from the House: Page S5613 a.m., on Wednesday, May 20, 2009, and that there be two hours of debate relative to Inouye Amend- Enrolled Bills Presented: Pages S5613–14 ment No. 1133 (listed above), equally divided and Executive Reports of Committees: Page S5614 controlled between the two Leaders, or their des- Additional Cosponsors: Pages S5615–16 ignees; with the time allocated as follows: the first 30 minutes under the control of the Republican Statements on Introduced Bills/Resolutions: Leader, the second 30 minutes under the control of Pages S5616–25 the Majority Leader; and that the final 60 minutes Additional Statements: Page S5610 be divided equally, with 10 minute limitations, with Amendments Submitted: Pages S5625–44 the final 5 minutes of time under the control of Sen- ator Inouye; provided that upon the use or yielding Authorities for Committees to Meet: back of time, Senate vote on or in relation to Inouye Pages S5644–45 Amendment No. 1133, with no amendment in order Privileges of the Floor: Page S5645 to the amendment; provided further, that all first- Record Votes: Three record votes were taken today. degree amendments be filed at the desk by 1:00 (Total—195) Pages S5570, S5573, S5582 p.m., on Wednesday, May 21, 2009. Page S5607

VerDate Nov 24 2008 05:13 May 20, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D19MY9.REC D19MYPT1 smartinez on PROD1PC64 with DIGEST D578 CONGRESSIONAL RECORD — DAILY DIGEST May 19, 2009 Adjournment: Senate convened at 10 a.m. and ad- Deputy Secretary, who was introduced by Senators journed at 7:33 p.m., until 9:30 a.m. on Wednes- Mikulski and Cardin, both of the Department of day, May 20, 2009. (For Senate’s program, see the Transportation, Rebecca M. Blank, of Maryland, to remarks of the Majority Leader in today’s Record on be Under Secretary for Economic Affairs, and Law- page S5647.) rence E. Strickling, of Illinois, to be Assistant Sec- retary for Communications and Information, both of Committee Meetings the Department of Commerce, and Aneesh Chopra, of Virginia, to be Chief Technology Officer, Office (Committees not listed did not meet) of Science and Technology Policy, Executive Office of the President, after the nominees testified and an- FUNDING AND OVERSIGHT OF THE swered questions in their own behalf. DEPARTMENT OF ENERGY Committee on Appropriations: Subcommittee on Energy BUSINESS OPPORTUNITIES AND CLIMATE and Water Development concluded a hearing to ex- POLICY amine funding and oversight of the Department of Committee on Environment and Public Works: Com- Energy, after receiving testimony from Steven Chu, mittee concluded a hearing to examine business op- Secretary of Energy. portunities and climate policy, after receiving testi- APPROPRIATIONS: MILITARY mony from Chad Holliday, E.I. DuPont de Nemours CONSTRUCTION PROGRAMS and Company, Inc., Wilmington, Delaware; Mark Committee on Appropriations: Subcommittee on Mili- W. Stiles, Trinity Industries Inc., Dallas, Texas; tary Construction and Veterans Affairs, and Related Cynthia J. Warner, Sapphire Energy, San Diego, Agencies concluded a hearing to examine proposed California; Tim Healey, Lange-Stegmann Company, budget estimates for fiscal year 2010 for the Depart- St. Louis, Missouri; Richard Lowenthal, Coulomb ment of Defense and the Department of the Navy Technologies, Campbell, California; Wayne F. military construction programs, after receiving testi- Krouse, Hydro Green Energy, LLC, Houston, Texas; mony from B.J. Penn, Assistant Secretary of the Richard W. Taylor, ImbuTec Inc., Pittsburgh, Penn- Navy, Major General Eugene G. Payne, Jr., Assistant sylvania; and Jack Armstrong, BASF Corporation, Deputy Commandant for Installation and Logistics, Florham Park, New Jersey. and Rear Admiral Mark A. Handley, Deputy Com- BUSINESS MEETING mander, Navy Installations Command, all of the De- partment of the Navy, and Robert F. Hale, Under Committee on Foreign Relations: Committee ordered fa- Secretary, Comptroller, and Wayne Arny, Deputy vorably reported the nominations of Philip J. Crow- Under Secretary for Installations and Environment, ley, of Virginia, to be Assistant Secretary for Public all of the Department of Defense. Affairs, and Jeffrey D. Feltman, of Ohio, to be As- sistant Secretary for Near Eastern Affairs, both of the BUDGET: DEFENSE AUTHORIZATION Department of State, and Daniel Benjamin, of the Committee on Armed Services: Committee concluded a District of Columbia, to be Coordinator for Counter- hearing to examine the Department of the Army terrorism, with the rank and status of Ambassador at proposed defense authorization request for fiscal year Large. 2010 and the Future Years Defense Program, after receiving testimony from Pete Geren, Secretary of GREEN GLOBAL ECONOMIC RECOVERY the Army, and General George W. Casey Jr., USA, Committee on Foreign Relations: Committee concluded Chief of Staff of the Army, both of the Department a hearing to examine pathways to a green global eco- of Defense. nomic recovery, after receiving testimony from Nich- BUSINESS MEETING olas Stern, London School of Economics and Political Committee on Armed Services: Committee ordered favor- Science, London, United Kingdom; and James E. ably reported 2,425 nominations in the Navy, Air Rogers, Duke Energy, Charlotte, North Carolina. Force, and Marine Corps. PUBLIC HEALTH CHALLENGES IN NOMINATIONS DISTRICT OF COLUMBIA Committee on Commerce, Science, and Transportation: Committee on Homeland Security and Governmental Af- Committee concluded a hearing to examine the fairs: Subcommittee on Oversight of Government nominations of J. Randolph Babbitt, of Virginia, to Management, the Federal Workforce, and the Dis- be Administrator of the Federal Aviation Adminis- trict of Columbia concluded a hearing to examine tration, and John D. Porcari, of Maryland, to be public health challenges in our nation’s capital, after

VerDate Nov 24 2008 05:13 May 20, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D19MY9.REC D19MYPT1 smartinez on PROD1PC64 with DIGEST May 19, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D579 receiving testimony from Pierre N.D. Vigilance, Di- on behalf of the United States Chamber Institute for rector, and Shannon L. Hader, Senior Deputy Direc- Legal Reform. tor, HIV/AIDS Administration, both of the District of Columbia Department of Health, and Raymond DISCOUNT PRICING CONSUMER Catarino Martins, Whitman-Walker Clinic, all of PROTECTION ACT Washington, D.C. Committee on the Judiciary: Subcommittee on Anti- trust, Competition Policy and Consumer Rights con- BUSINESS MEETING cluded a hearing to examine the Discount Pricing Committee on Health, Education, Labor, and Pensions: Consumer Protection Act, focusing on a ban on Committee began markup of S. 982, to protect the vertical price fixing, after receiving testimony from public health by providing the Food and Drug Ad- Pamela Jones Harbour, Commissioner, Federal Trade ministration with certain authority to regulate to- Commission; Tod Cohen, eBay Inc., San Jose, Cali- bacco products, but did not complete action thereon, fornia; Stacy Haigney, Burlington Coat Factory, Bur- and will meet again Wednesday, May 20, 2009. lington, New Jersey; and James A. Wilson, Amer- HOLDING FOREIGN MANUFACTURERS ican Bar Association, Columbus, Ohio. ACCOUNTABLE INTELLIGENCE Committee on the Judiciary: Subcommittee on Admin- Select Committee on Intelligence: Committee held closed istrative Oversight and the Courts concluded a hear- hearings on intelligence matters, receiving testimony ing to examine protecting Americans, focusing on from officials of the intelligence community. holding foreign manufacturers accountable, after re- Committee recessed subject to call. ceiving testimony from Louise Ellen Teitz, Roger Williams University School of Law, Bristol, Rhode BUSINESS MEETING Island; Thomas L. Gowen, Locks Law Firm, Phila- Select Committee on Intelligence: Committee ordered fa- delphia, Pennsylvania; Chuck Stefan, The Mitchell vorably reported the nomination of Priscilla E. Company, Mobile, Alabama; and Victor E. Schwartz, Guthrie, of Virginia, to be Chief Information Offi- Shook, Hardy, and Bacon, LLP, Washington, D.C., cer, Office of the Director of National Intelligence. h House of Representatives amend the Truth in Lending Act to establish fair Chamber Action and transparent practices relating to the extension of Public Bills and Resolutions Introduced: 38 pub- credit under an open end consumer credit plan (H. lic bills, H.R. 2472–2507; 1 private bill, H.R. Rept. 111–120); 2508; and 2 resolutions, H. Res. 458–459 were in- H. Res. 457, providing for consideration of the troduced. Pages H5790–92 bill (H.R. 2352) to amend the Small Business Act Additional Cosponsors: Page H5792 (H. Rept. 111–121); Reports Filed: Reports were filed today as follows: Report of the Committee on Standards of Official H.R. 466, to amend title 38, United States Code, Conduct (H. Rept. 111–122); and H.R. 2200, to au- to prohibit discrimination and acts of reprisal against thorize the Transportation Security Administration’s persons who receive treatment for illnesses, injuries, programs relating to the provision of transportation and disabilities incurred in or aggravated by service security, with an amendment (H. Rept. 111–123). in the uniformed services, with amendments (H. Page H5790 Rept. 111–118); Speaker: Read a letter from the Speaker wherein she H.R. 915, to amend title 49, United States Code, appointed Representative Tonko to act as Speaker to authorize appropriations for the Federal Aviation Pro Tempore for today. Page H5715 Administration for fiscal years 2009 through 2012, to improve aviation safety and capacity, and to pro- Recess: The House recessed at 11:04 a.m. and re- vide stable funding for the national aviation system, convened at noon. Page H5719 with an amendment (H. Rept. 111–119, Pt. 1); Suspensions: The House agreed to suspend the rules H. Res. 456, providing for the consideration of and pass the following measures: the Senate amendment to the bill (H.R. 627) to

VerDate Nov 24 2008 05:13 May 20, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D19MY9.REC D19MYPT1 smartinez on PROD1PC64 with DIGEST D580 CONGRESSIONAL RECORD — DAILY DIGEST May 19, 2009 Enhanced Oversight of State and Local Economic closures and enhance mortgage credit availability, by Recovery Act: H.R. 2182, to amend the American a 2⁄3 yea-and-nay vote of 367 yeas to 54 nays with Recovery and Reinvestment Act of 2009 to provide 1 voting ‘‘present’’, Roll No. 271. for enhanced State and local oversight of activities Pages H5740–65, H5766–67 conducted pursuant to such Act; Pages H5722–23 Suspension—Proceedings Postponed: The House Amending chapter 21 of title 38, United States debated the following measure under suspension of Code, to establish a grant program to encourage the rules. Further proceedings were postponed: the development of new assistive technologies for Prevent All Cigarette Trafficking Act of 2009: specially adapted housing: H.R. 1170, amended, to H.R. 1676, amended, to prevent tobacco smuggling amend chapter 21 of title 38, United States Code, and to ensure the collection of all tobacco taxes. to establish a grant program to encourage the devel- opment of new assistive technologies for specially Pages H5730–38 adapted housing; Pages H5723–24 Congratulating Anthony Kevin ‘‘Tony’’ Dungy for his accomplishments as a coach, father, and Mandatory Veteran Specialist Training Act of exemplary member of his community: The House 2009: H.R. 1088, to amend title 38, United States agreed to discharge and agree to H. Res. 70, to con- Code, to provide for a one-year period for the train- gratulate Anthony Kevin ‘‘Tony’’ Dungy for his ac- ing of new disabled veterans’ outreach program spe- complishments as a coach, father, and exemplary cialists and local veterans’ employment representa- member of his community. Page H5765 tives by National Veterans’ Employment and Train- ing Services Institute; Pages H5724–25 Honoring Karen Bass for becoming the first Af- Veterans Employment Rights Realignment Act rican-American woman elected Speaker of the of 2009: H.R. 1089, amended, to amend title 38, California State Assembly: The House agreed to United States Code, to provide for the enforcement discharge and agree to H. Res. 49, to honor Karen through the Office of Special Counsel of the employ- Bass for becoming the first African-American woman ment and unemployment rights of veterans and elected Speaker of the California State Assembly. members of the Armed Forces employed by Federal Pages H5765–66 executive agencies, by a 2⁄3 yea-and-nay vote of 423 Commission on Security and Cooperation in Eu- yeas with none voting ‘‘nay’’, Roll No. 270; rope—Appointment: The Chair announced the Pages H5725–26, H5766 Speaker’s appointment of the following Members of Agreed to amend the title so as to read: ‘‘To the House of Representatives to the Commission on amend title 38, United States Code, to provide for Security and Cooperation in Europe: Representative the enforcement through the Office of Special Coun- Hastings (FL), Co-Chairman; Representatives Markey sel of the employment and reemployment rights of (MA), Slaughter, McIntyre, Butterfield, Smith (NJ), veterans and members of the Armed Forces em- Aderholt, Pitts, and Issa. Page H5768 ployed by Federal executive agencies, and for other Recess: The House recessed at 6:05 p.m. and recon- purposes.’’. Page H5766 vened at 6:28 p.m. Page H5788 Urging all Americans and people of all nation- Senate Messages: Messages received from the Senate alities to visit the national cemeteries, memorials, today appear on pages H5784, H5788. and markers on Memorial Day: H. Res. 360, to urge all Americans and people of all nationalities to Quorum Calls—Votes: Three yea-and-nay votes de- visit the national cemeteries, memorials, and markers veloped during the proceedings of today and appear on Memorial Day, by a 2⁄3 yea-and-nay vote of 422 on pages H5766, H5766–67 and H5767–68. There yeas with none voting ‘‘nay’’, Roll No. 272; were no quorum calls. Page H5726–28, H5767–68 Adjournment: The House met at 10:30 a.m. and Supporting the goals and ideals of National adjourned at 6:30 p.m. Women’s Health Week: H. Con. Res. 120, amended, to support the goals and ideals of National Women’s Committee Meetings Health Week; Pages H5728–30 Honoring police officers and law enforcement FINANCIAL SERVICES, GENERAL professionals during Police Week: H. Res. 426, to GOVERNMENT AND RELATED AGENCIES honor police officers and law enforcement profes- APPROPRIATIONS sionals during Police Week; and Pages H5738–40 Committee on Appropriations: Subcommittee on Finan- Helping Families Save Their Homes Act of cial Services, General Government and Related 2009: S. 896, amended, to prevent mortgage fore- Agencies held a hearing on the IRS. Testimony was

VerDate Nov 24 2008 05:13 May 20, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D19MY9.REC D19MYPT1 smartinez on PROD1PC64 with DIGEST May 19, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D581 heard from Douglas Shulman, Commissioner, IRS, mander, Marine Corps Aviation Programs, U.S. Ma- Department of the Treasury. rine Corps. The Subcommittee also held a hearing on the Na- tional Archives. Testimony was heard from Adrienne SCHOOLS USE OF SECLUSION AND Thomas, Acting Archivist, National Archives and RESTRAINT Records Administration. Committee on Education and Labor: Held a hearing on Examining the Abusive and Deadly Use of Seclusion INTERIOR, ENVIRONMENT AND RELATED and Restraint in Schools. Testimony was heard from AGENCIES APPROPRIATIONS Greg D. Kutz, Managing Director, Forensic Audits Committee on Appropriatons: Subcommittee on Interior, and Special Investigations, GAO; and public wit- Environment and Related Agencies held a hearing nesses. on the EPA. Testimony was heard from Lisa Jackson, Administrator, EPA. AMERICAN CLEAN ENERGY AND SECURITY ACT OF 2009 MILITARY CONSTRUCTION, VETERANS Committee on Energy and Commerce: Continued markup AFFAIRS, AND RELATED AGENCIES of H.R. 2454, American Clean Energy and Security APPROPRIATIONS Act of 2009. Committee on Appropriations: Subcommittee on Mili- Will continue tomorrow. tary Construction, Veterans Affairs, and Related Agencies held a hearing on Department of Defense WESTERN FINANCIAL INSTITUTIONS Overview. Testimony was heard from the following CAPITAL LOSS/CORRUPTION officials of the Department of Defense: Robert F. Committee on Financial Services: Held a hearing enti- Hale, Under Secretary (Comptroller); and Wayne tled ‘‘Capital Loss, Corruption and the Role of West- Arny, Deputy Under Secretary (Installations and En- ern Financial Institutions.’’ Testimony was heard vironment). from public witnesses. AIR FORCE BUDGET CREDIT RATING AGENCY REGULATION Committee on Armed Services: Held a hearing on the Committee on Financial Services: Subcommittee on Cap- Fiscal Year 2010 National Defense Authorization ital Markets, Insurance, and Government Sponsored Budget Request from the Department of the Air Enterprises held a hearing entitled ‘‘Approaches to Force. Testimony was heard from the following offi- Improving Credit Rating Agency Regulation.’’ Tes- cials of the U.S. Air Force, Department of Defense: timony was heard from public witnesses. Michael B. Donley, Secretary; and GEN Norman A. Schwartz, USAF, Chief of Staff, U.S. Air Force. HOMELAND SECURITY’S RIGHTWING EXTREMISM ASSESSMENT DEFENSE ACQUISITION METRICS Committee on Homeland Security: Ordered reported, as Committee on Armed Services: Defense Acquisition amended, H. Res. 404, Directing the Secretary of Panel held a hearing on Measuring Performance: De- Homeland Security to transmit to the House of Rep- veloping Good Acquisition Metrics. Testimony was resentatives, not later than 14 days after the date of heard from the following officials of the Department the adoption of this resolution, copies of documents of Defense: David P. Fitch, Director, AT&L Leader- relating to the Department of Homeland Security ship Center of Excellence, Defense Acquisition Uni- Intelligence Assessment titled, ‘‘Rightwing Extre- versity; and Daniel A. Nussbaum, Visiting Professor, mism: Current Economic and Political Climate Fuel- Department of Operations Research, Naval Post- ing Resurgence in Radicalization and Recruitment.’’ graduate School; and a public witness. CARMELO RODRIGUEZ MILITARY MEDICAL NAVY AVIATION BUDGET ACCOUNTABILITY ACT OF 2009 Committee on Armed Services: Subcommittee on Committee on the Judiciary: Subcommittee on Com- Seapower, and Expeditionary Forces held a hearing mercial and Administrative Law approved for full on Fiscal Year 2010 National Defense Authorization Committee action, as amended, H.R. 1478, Carmelo Budget Request for the Department of the Navy Rodriguez Military Medical Accountability Act of Aviation Programs. Testimony was heard from the 2009. following officials of the Department of the Navy, Department of Defense: VADM David Architzel, RAILROAD ANTITRUST ENFORCEMENT USN, Principal Military Deputy to the Assistant ACT OF 2009 Secretary, Research, Development and Acquisition; Committee on the Judiciary: Subcommittee on Courts and LTG George J. Trautman, USMC, Deputy Com- and Competition Policy held a hearing on H.R. 233,

VerDate Nov 24 2008 05:42 May 20, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D19MY9.REC D19MYPT1 smartinez on PROD1PC64 with DIGEST D582 CONGRESSIONAL RECORD — DAILY DIGEST May 19, 2009 Railroad Antitrust Enforcement Act of 2009. Testi- Department of Defense; and Michael Michener, Ad- mony was heard from Representative Alexander; and ministrator, Foreign Agricultural Service, USDA. public witnesses. JOB CREATION THROUGH NORTHERN MARIANA ISLANDS/GUAM ENTREPRENEURSHIP ACT OF 2009 Committee on Natural Resources: Subcommittee on In- Committee on Rules: Granted, by a non-record vote, a sular Affairs, Oceans and Wildlife held an oversight structured rule. The rule provides one hour of gen- hearing on Implementation of Public Law 110–229 eral debate on H.R. 2352, the Job Creation Through to the Commonwealth of the Northern Mariana Is- Entrepreneurship Act of 2009, equally divided and lands and Guam. Testimony was heard from Felix P. controlled by the chair and ranking minority mem- Camacho, Governor of Guam; Benigno Repeki Fitial, ber of the Committee on Small Business. The rule Governor, Northern Mariana Islands; Benjamin J.F. waives all points of order against consideration of the Cruz, Vice Speaker, Guam Legislature; David bill except clauses 9 and 10 of rule XXI. The rule Gootnick, Director, International Affairs and Trade, provides that the amendment in the nature of a sub- GAO; Nikolao Pula, Acting Deputy Assistant Sec- stitute recommended by the Committee on Small retary, Office of Insular Affairs, Department of the Business now printed in the bill shall be considered Interior; Richard C. Barth, Acting Principal Deputy as an original bill for the purpose of amendment and Assistant Secretary, Policy, Department of Homeland shall be considered as read. The rule waves all points Security; and public witnesses. of order against the amendment in the nature of a substitute except for clause 10 of rule XXI. The rule NATIONAL DRUG CONTROL BUDGET/ makes in order only those amendments printed in POLICIES the Rules Committee report. The amendments made Committee on Oversight and Government Reform: Sub- in order may be offered only in the order printed in committee on Domestic Policy held a hearing enti- the report, may be offered only by a Member des- tled ‘‘ONDCP’s Fiscal Year 2010 National Drug ignated in the report, shall be considered as read, Control Budget and the Priorities, Objectives, and shall be debatable for the time specified in the re- Policies of the Office of National Drug Control Pol- port equally divided and controlled by the proponent icy under the New Administration.’’ Testimony was and an opponent, shall not be subject to amend- heard from Gil Kerlikowske, Director, Office of Na- ment, and shall not be subject to a demand for a di- tional Drug Control Policy; and public witnesses. vision of the question in the House or in the Com- FEDERAL INFORMATION SECURITY mittee of the Whole. All points of order against the amendments except for clauses 9 and 10 of rule XXI Committee on Oversight and Government Reform: Sub- are waived. The rule provides one motion to recom- committee on Government Management, Organiza- mit with or without instructions. Testimony was tion, and Procurement held a hearing entitled ‘‘The heard by Chairwoman Vela´zquez and Representatives State of Federal Information Security.’’ Testimony Cardoza, Pingree, Polis (CO), Watson (CA), Davis was heard from Vivek Kundra, Chief Information (AL), Klein (FL), Boccieri, and Graves. Officer, OMB; Gregory Wilshusen, Director, Infor- mation Security Issues, GAO; the following officials PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO H.R. 627, THE of the Department of Homeland Security: Jacquelyn CREDIT CARDHOLDERS’ BILL OF RIGHTS Patillo, Acting Chief Information Officer; and Mar- ACT OF 2009 garet Graves, Acting Chief Information Officer; and a public witness. Committee on Rules. Granted, by a non-record vote, a rule providing for consideration of the Senate AFGHAN/PAKISTAN’S CIVILIAN SURGE amendment to H.R. 627, the Credit Cardholders’ Committee on Oversight and Government Reform: Sub- Bill of Rights Act of 2009. The rule makes in order committee on National Security and Foreign Affairs, a motion by the Chairman of the Committee on Fi- held a hearing on Afghanistan and Pakistan: nancial Services to concur in the Senate amendment. Resourcing the Civilian Surge. Testimony was heard The rule waives all points of order against the mo- from the following officials of the Department of tion except clause 10 of rule XXI. The rule provides State: Paul Jones, Deputy Assistant Secretary, South that the Senate amendment and the motion shall be and Central Asia Bureau; James A. Bever, Deputy considered as read. The rule provides one hour of de- Assistant Administrator, Asia and Near East Bureau, bate on the motion equally divided and controlled U.S. Agency for International Development; and by the chairman and ranking minority member of Ambassador John Herbst, Coordinator, Office of Re- the Committee on Financial Services. The rule pro- construction and Stabilization; David S. Sedney, vides that the question of adoption of the motion Deputy Assistant Secretary, Central Asian Affairs, shall be divided for a separate vote on concurring in

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section 512 of the Senate amendment. The rule fur- SSA’S EMPLOYMENT SUPPORT PROGRAMS ther provides that if either portion of the divided FOR DISABILITY BENEFICIARIES question fails of adoption, then the House shall be Committee on Ways and Means: Subcommittee on So- considered to have made no disposition of the Senate cial Security held a hearing on Social Security Ad- amendment. The rule provides that House Resolu- ministration’s (SSA’s) employment support programs tion 450 is laid on the table. Testimony was heard for disability beneficiaries. Testimony was heard by Chairman Frank (MA), and Representative Bach- from Sue Suter, Associate Commissioner, Employ- us. ment Support Programs, SSA; and public witnesses. NASA BUDGET REQUEST BRIEFING—OVERHEAD ARCHITECTURE Committee on Science and Technology: Held a hearing on Permanent Select Committee on Intelligence: Met in execu- NASA’s Fiscal Year 2010 Budget Request. Testi- tive session to receive a briefing on Overhead Archi- mony was heard from Christopher Scolese, Acting tecture. The Committee was briefed by Betty Sapp, Administrator, NASA. Acting Director, National Reconnaissance Office. SCIENCE OF INSOLVENCY Joint Meetings Committee on Science and Technology: Subcommittee on WEAPON SYSTEMS ACQUISITION REFORM Investigations and Oversight held a hearing on the ACT Science of Insolvency. Testimony was heard from Conferees agreed to file a conference report on the public witnesses. differences between the Senate and House passed versions of S. 454, to improve the organization and LEVEE SAFETY RECOMMENDATIONS procedures of the Department of Defense for the ac- Committee on Transportation and Infrastructure: Sub- quisition of major weapon systems. committee on Water Resources and Environment f held a hearing on Recommendations of the National Committee on Levee Safety. Testimony was heard COMMITTEE MEETINGS FOR WEDNESDAY, from Eric Halpin, Special Assistant, Dam and Levee MAY 20, 2009 Safety, U.S. Army Corps of Engineers, Department (Committee meetings are open unless otherwise indicated) of Defense; and public witnesses. Senate VA MEDICAL CARE Committee on Appropriations: Subcommittee on State, Foreign Operations, and Related Programs, to hold hear- Committee on Veterans’ Affairs: Subcommittee on ings to examine proposed budget estimates for fiscal year Health held a hearing on VA Medical Care: The 2010 for the Department of State, 9:30 a.m., SD–192. Crown Jewel and Best Kept Secret. Testimony was Subcommittee on Interior, Environment, and Related heard from Paul J. Hutter, Chief Officer, Legislative, Agencies, to hold hearings to examine proposed budget Regulatory, and Intergovernmental Affairs, Veterans estimates for fiscal year 2010 for the Forest Service, 10 Health Administration, Department of Veterans Af- a.m., SD–124. fairs; representatives of veterans organizations; and Committee on Armed Services: Subcommittee on Strategic public witnesses. Forces, to hold hearings to examine the Defense Author- ization request for fiscal year 2010 and Future Years De- GULF WAR ILLNESS RESEARCH fense Program for military space programs; to be possibly followed by a closed session in SVC–217, 2 p.m., Committee on Veterans Affairs: Subcommittee on Over- SR–232A. sight and Investigations held a hearing on Gulf War Subcommittee on Personnel, to hold hearings to exam- Illness Research: Is Enough Being Done? Testimony ine the Defense Authorization request for fiscal year 2010 was heard from R. Craig Postlewaite, DVM, Deputy and Future Years Defense Program for active component, Director, Force Readiness and Health Assurance, reserve component, and civilian personnel programs, 2:30 Force Health Protection and Readiness Programs, p.m., SR–222. Office of the Assistant Secretary, Health Affairs, De- Committee on Banking, Housing, and Urban Affairs: to partment of Defense; Lawrence Deyton, M.D., Chief hold an oversight hearing to examine the Troubled Asset Relief Program (TARP), 9:30 a.m., SD–538. Public Health and Environmental Hazards Officer, Committee on Commerce, Science, and Transportation: busi- Veterans Health Administration, Department of Vet- ness meeting to consider pending calendar business, 2 erans Affairs; Robert D. Walpole, former Special As- p.m., SR–253. sistant, Gulf War Illness Issues, Office of the Assist- Committee on Finance: to hold a closed meeting to exam- ant Director, Central Intelligence, CIA; representa- ine financing comprehensive health reform, 10 a.m., tives of veterans organizations; and public witnesses. SD–215.

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Committee on Foreign Relations: Subcommittee on African vania, as the ‘‘John Scott Challis, Jr. Post Office’’, H.R. Affairs, to hold hearings to examine developing a coordi- 1284, to designate the facility of the United States Postal nated and sustainable strategy for Somalia, 9 a.m., Service located at 103 West Main Street in McLain, Mis- SD–419. sissippi, as the ‘‘Major Ed W. Freeman Post Office’’, and Full Committee, to hold closed hearings to examine the nominations of David Heyman, of the District of Co- developments on the ground in Pakistan and Afghanistan, lumbia, to be Assistant Secretary of Homeland Security, 11 a.m., SVC–217. Cass R. Sunstein, of Massachusetts, to be Administrator Full Committee, to hold hearings to examine foreign of the Office of Information and Regulatory Affairs, Of- policy priorities in the President’s proposed budget re- fice of Management and Budget, Robert M. Groves, of quest for fiscal year 2010 for international affairs; to be Michigan, to be Director of the Census, Department of followed by a business meeting to consider the nomina- Commerce, Marisa J. Demeo, of the District of Columbia, tions of Robert Orris Blake, Jr., of Maryland, to be As- and Florence Y. Pan, of the District of Columbia, each sistant Secretary for South Asian Affairs, and Judith A. to be an Associate Judge of the Superior Court of the McHale, of Maryland, to be Under Secretary for Public District of Columbia, 9:30 a.m., SD–342. Diplomacy, both of the Department of State, 1:30 p.m., Ad Hoc Subcommittee on Disaster Recovery, to hold SH–216. hearings to examine the role of Community Development Committee on Health, Education, Labor, and Pensions: busi- Block Grant Program in disaster recovery, 2:30 p.m., ness meeting to continue consideration of S. 982, to pro- SD–342. tect the public health by providing the Food and Drug Committee on the Judiciary: Subcommittee on Immigra- Administration with certain authority to regulate tobacco tion, Refugees and Border Security, to hold hearings to products, and the nominations of Linda A. Puchala, of examine securing the border and America’s points of Maryland, to be a Member of the National Mediation entry, 10 a.m., SD–226. Board, John Q. Easton, of Illinois, to be Director of the Subcommittee on Crime and Drugs, to hold hearings Institute of Education Science, Department of Education, to examine criminal prosecution as a deterrent to health and Seth David Harris, of New Jersey, to be Deputy Sec- care fraud, 2:30 p.m., SD–226. retary of Labor, 2:30 p.m., SD–430. Special Committee on Aging: to hold hearings to examine Committee on Homeland Security and Governmental Affairs: pension plans, 2 p.m., SR–432. business meeting to consider S. 599, to amend chapter 81 of title 5, United States Code, to create a presumption House that a disability or death of a Federal employee in fire protection activities caused by any certain diseases is the Committee on Appropriations, Subcommittee on Defense, result of the performance of such employee’s duty, S. 629, on Department of Defense, 12:30 p.m., 210 HVC. to facilitate the part-time reemployment of annuitants, S. Subcommittee on Financial Services, General Govern- 707, to enhance the Federal Telework Program, proposed ment, and Related Agencies, on OMB, 2 p.m., 2359 Enhanced Oversight of State and Local Economic Recov- Rayburn. ery Act, S. 920, to amend section 11317 of title 40, Subcommittee on Military Construction, Veterans Af- United States Code, to improve the transparency of the fairs, and Related Agencies, on Air Force Budget, 10 status of information technology investments, to require a.m., H–143 Capitol. greater accountability for cost overruns on Federal infor- Subcommittee on State, Foreign Operations and Re- mation technology investment projects, to improve the lated Programs, on U.S. Agency for International Devel- processes agencies implement to manage information opment, 9:30 a.m.; on Millennium Challenge Corpora- technology investments, to reward excellence in informa- tion, 10:30 a.m.; and on Office of Global AIDS Coordi- tion technology acquisition, S. 942, to prevent the abuse nator, 11:30 a.m., B308 Rayburn. of Government charge cards, S. 469, to amend chapter 83 Subcommittee on Transportation, Housing and Urban of title 5, United States Code, to modify the computation Development, and Related Agencies, on Member Re- for part-time service under the Civil Service Retirement quests, 10 a.m., 2358–A Rayburn. System, S. 692, to provide that claims of the United Committee on Armed Services, Subcommittee on Air and States to certain documents relating to Franklin Delano Land Forces, hearing on Fiscal Year 2010 National De- Roosevelt shall be treated as waived and relinquished in fense Authorization Budget Request for Air Force Mod- certain circumstances, H.R. 918, to designate the facility ernization Programs, 2:30 p.m., 2118 Rayburn. of the United States Postal Service located at 300 East Subcommittee on Oversight and Investigations, hearing 3rd Street in Jamestown, New York, as the ‘‘Stan Lun- on Another Crossroads? Professional Military Education dine Post Office Building’’, H.R. 1595, to designate the Twenty Years after the Goldwater-Nichols Act and the facility of the United States Postal Service located at Skelton Panel, 1 p.m., 2118 Rayburn. 3245 Latta Road in Rochester, New York, as the ‘‘Brian Subcommittee on Readiness, hearing on Fiscal Year K. Schramm Post Office Building’’, H.R. 663, to des- 2010 National Defense Authorization Budget Request for ignate the facility of the United States Postal Service lo- the Military Services’ Operations and Maintenance Fund- cated at 12877 Broad Street in Sparta, Georgia, as the ing, 10 a.m., 2118 Rayburn. ‘‘Yvonne Ingram-Ephraim Post Office Building’’, H.R. Subcommittee on Terrorism, Unconventional Threats 987, to designate the facility of the United States Postal and Capabilities, hearing on Fiscal Year 2010 National Service located at 601 8th Street in Freedom, Pennsyl- Defense Authorization Budget Request for Department of

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Defense Science and Technology Programs, 10:30 a.m., Subcommittee on Federal Workforce, Postal Service 2212 Rayburn. and the District of Columbia, hearing on ‘‘Nip and Tuck: Committee on Education and Labor, hearing on the The Impact of Current Cost Cutting Efforts on Postal Obama Administration’s Education Agenda, 10 a.m., Service Operations and Network,’’ 10 a.m., 2154 Ray- 2175 Rayburn. burn. Committee on Energy and Commerce, to continue markup Committee on Rules, to consider H.R. 915, FAA Reau- of H.R. 2454 American Clean Energy and Security Act thorization Act of 2009, 3 p.m., H–313 Capitol. of 2009, 10 a.m., 2123 Rayburn. Committee on Small Business, hearing entitled ‘‘Heroes of Committee on Financial Services, Subcommittee on Finan- Small Business,’’ 10 a.m., 2360 Rayburn. cial Institutions and Consumer Credit, hearing entitled Committee on Transportation and Infrastructure, Sub- ‘‘H.R. 2351, Credit Union Share Insurance Stabilization committee on Aviation, hearing on Aviation Consumer Act,’’ 2 p.m., 2128 Rayburn. Committee on Foreign Affairs, to mark up the following Issues: Emergency Contingency Planning and Outlook for bills: H.R. 1886, Pakistan Enduring Assistance and Co- Summer Travel, 2 p.m., 2167 Rayburn. operation Enhancement Act of 2009; and H.R. 2410, Subcommittee on Coast Guard and Maritime Transpor- Foreign Relations Authorization Act, Fiscal Years 2010 tation, hearing on Piracy Against U.S.-Flagged Vessels: and 2011, 10 a.m., 2172 Rayburn. Lessons Learned, 10 a.m., 2167 Rayburn. Committee on the Judiciary, oversight hearing on the Fed- Permanent Select Committee on Intelligence, executive, hear- eral Bureau of Investigation; and to complete action on ing on Fiscal Year 2010 Budget Overview, 4 p.m., 304 the following bills: H.R. 1741, Witness Security and HVC. Protection Grant Program Act of 2009; and H.R. 2247, Subcommittee on Intelligence Management, executive, Congressional Review Act, 10 a.m., 2141 Rayburn. briefing on Information Sharing, 2:30 p.m., 304–HVC. Committee on Natural Resources, Subcommittee on Insular Affairs, Oceans and Wildlife, oversight hearing on ad- Joint Meetings vance of the 61st meeting of the International Whaling Joint Economic Committee: to hold hearings to examine Commission (IWC) to be held in Madeira, Portugal June oil and the economy, focusing on the impact of rising 22–26, 1 p.m., 1324 Longworth. global demand on the United States recovery, 10 a.m., Committee on Oversight and Government Reform, hearing 210 Cannon Building. entitled ‘‘State and Local Pandemic Preparedness,’’ 2 p.m., 2154 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, May 20 10 a.m., Wednesday, May 20

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of H.R. ation of H.R. 2346, Supplemental Appropriations Act, 2352—Job Creation Through Entrepreneurship Act of and after a period of debate, vote on or in relation to 2009 (Subject to a Rule). Consideration of the Senate Inouye Amendment No. 1133. amendment to H.R. 627—Credit Cardholders’ Bill of Rights Act of 2009 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Frank, Barney, Mass., E1197 Oberstar, James L., Minn., E1195 Graves, Sam, Mo., E1196 Perlmutter, Ed, Colo., E1200 Alexander, Rodney, La., E1200 Halvorson, Deborah L., Ill., E1202 Rangel, Charles B., N.Y., E1199, E1206 Altmire, Jason, Pa., E1202 Hastings, Alcee L., Fla., E1197, E1204 Roskam, Peter J., Ill., E1195, E1200 Bachmann, Michele, Minn., E1201 Herseth Sandlin, Stephanie, S.D., E1207 Ryan, Tim, Ohio, E1201 Barrett, J. Gresham, S.C., E1196 Kildee, Dale E., Mich., E1207 Salazar, John T., Colo., E1207 Blackburn, Marsha, Tenn., E1202 Lee, Barbara, Calif., E1207 Schrader, Kurt, Ore., E1203 Bright, Bobby, Ala., E1204 Luetkemeyer, Blaine, Mo., E1201 Shuler, Heath, N.C., E1206 Cao, Anh ‘‘Joseph’’, La., E1202 McClintock, Tom, Calif., E1203 Stark, Fortney Pete, Calif., E1198 Connolly, Gerald E., Va., E1208 McDermott, Jim, Wash., E1197 Thompson, Mike, Calif., E1205 Conyers, John, Jr., Mich., E1205 Maloney, Carolyn B., N.Y., E1202 Tsongas, Niki, Mass., E1204 Davis, Danny K., Ill., E1201 Meek, Kendrick B., Fla., E1195 Van Hollen, Chris, Md., E1198 Diaz-Balart, Mario, Fla., E1199 Michaud, Michael H., Me., E1196, E1198, E1205 Waters, Maxine, Calif., E1201 Dicks, Norman D., Wash., E1204 Moran, James P., Va., E1199, E1200 Westmoreland, Lynn A., Mac, Ga., E1207 Fox, Virginia, N.C., E1196 Murphy, Patrick J., Pa., E1199, E1206 Woolsey, Lynn C., Calif., E1196

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