July 6, 2009 CONGRESSIONAL RECORD — SENATE S7149

‘‘(4) TERMINATION OF EMERGENCY ACTIONS within the time prescribed in the order of Natural Resources of the Senate, and the BY PRESIDENT.—The President may direct the court, the Commission may refer the Committee on Environment and Public that action taken by the Commission under matter to the Attorney General, who shall Works of the Senate, and make available to paragraph (3) shall not continue in effect. recover the penalty by action in the appro- the public, a report on the matters described ‘‘(5) COMPLIANCE WITH ORDERS.—A member priate United States district court. in subsection (a) with respect to the quarter, of a trading facility, introducing broker, ‘‘SEC. 210. CRIMINAL ENFORCEMENT. including recommendations for any adminis- dealer, floor broker, or floor trader shall not ‘‘(a) VIOLATIONS GENERALLY.—A person trative or statutory measures the Commis- effect any transaction in, or induce the pur- that knowingly violates section 204 (or any sion considers necessary to address any chase or sale of, any regulated instrument in regulation promulgated under section 204), threats to the transparency, fairness, or in- contravention of an order of the Commission or willfully violates any other provision of tegrity of the markets in regulated instru- under this subsection, unless the order— this title (or a regulation promulgated under ments. ‘‘(A) has been stayed, modified, or set aside this title) the violation of which is made un- ‘‘SEC. 212. AUTHORIZATION OF APPROPRIATIONS. as provided in paragraph (6); or lawful or the observance of which is required ‘‘In addition to any fees collected by the ‘‘(B) has ceased to be effective on direction by or under this title, shall— Commission under this Act, there are au- of the President as provided in paragraph (4). ‘‘(1) be fined not more than $1,000,000 (or thorized to be appropriated such sums as are ‘‘(6) LIMITATIONS ON REVIEW OF ORDERS.— not more than $500,000, if the violator is an necessary to carry out this title.’’. ‘‘(A) IN GENERAL.—An order of the Commis- individual), imprisoned not more than 5 (b) CONFORMING AMENDMENT.—The Com- sion pursuant to this subsection shall be sub- years, or both; and modity Exchange Act (7 U.S.C. 1 et seq.) is ject to review by the United States Court of ‘‘(2) shall pay the costs of prosecution. amended by inserting after section 1a (7 Appeals for the District of Columbia Circuit. ‘‘(b) FAILURE TO COMPLY WITH CEASE AND U.S.C. 1a) the following: ‘‘(B) BASIS.—A review of an order under DESIST ORDER.— ‘‘TITLE I—REGULATION OF COMMODITY subparagraph (A) shall be based on an exam- ‘‘(1) IN GENERAL.—If, after the period al- EXCHANGES’’. ination of all the information before the lowed for appeal of an order issued under sec- Commission at the time the order was tion 206(e) or after the affirmance of such an f issued. order, a person subject to the order fails or SUBMITTED RESOLUTIONS ‘‘(C) STANDARD FOR FINDINGS.—The review- refuses to comply with the order, the person ing court shall not enter a stay, writ of man- shall be— damus, or similar relief unless the court ‘‘(A) fined not more than the greater of SENATE RESOLUTION 207—RECOG- finds, after notice and hearing before a panel $100,000 or triple the monetary gain to the NIZING THE 100TH ANNIVERSARY of the court, that the action of the Commis- person, imprisoned not less than 180 days nor sion is arbitrary, capricious, an abuse of dis- more than 1 year, or both; or OF THE INDIANAPOLIS MOTOR cretion, or otherwise not in accordance with ‘‘(B) if the failure or refusal to comply in- SPEEDWAY law. volves a violation referred to in subsection Mr. BAYH (for himself and Mr. ‘‘(g) OTHER AUTHORITY TO ISSUE ORDERS.— (a), subject to the penalties provided in that LUGAR) submitted the following resolu- The Commission may issue such other orders subsection for the violation. tion; which was referred to the Com- as are necessary to ensure compliance with ‘‘(2) SPECIAL RULE.—Each day during which this title (including regulations promulgated a failure or refusal to comply with such an mittee on the Judiciary: under this title). order continues shall be considered to be a S. RES. 207 ‘‘(h) TRADING FEES TO SUPPORT COMMISSION separate offense for purposes of paragraph Whereas the Indianapolis Motor Speedway ACTIVITIES.— (1). is the largest spectator sporting facility in ‘‘(1) IN GENERAL.—To support oversight by ‘‘SEC. 211. MARKET REPORTS. the world, with more than 250,000 permanent the Commission of markets under this title, ‘‘(a) COLLECTION AND ANALYSIS OF INFORMA- seats; each registered trading facility shall charge TION.—The Commission shall, on a contin- Whereas founders Carl G. Fisher, Arthur C. a trading fee, per transaction, to be estab- uous basis, collect and analyze the following Newby, Frank H. Wheeler, and James A. Al- lished by the Commission at a level not to information on the functioning of the mar- lison pooled their resources in 1909 to build exceed 1⁄2 of 1 percent of the value of the con- kets for regulated instruments established the Indianapolis Motor Speedway 5 miles tract being executed. under this title: from downtown Indianapolis as a testing ‘‘(2) REMITTANCE OF FEES.—Each registered ‘‘(1) The status of, and trends in, the mar- ground to support the growing automotive trading facility shall submit fees charged kets, including prices, trading volumes, industry of Indiana; under this subsection to the Commission on transaction types, and trading channels and Whereas, on August 14, 1909, the first mo- such schedule as the Commission shall des- mechanisms. torized races, using motorcycles, took place ignate. ‘‘(2) Spikes, collapses, and volatility in on the recently completed 2.5-mile oval, ‘‘SEC. 209. CIVIL JUDICIAL ENFORCEMENT. prices of regulated instruments, and the which had a racing surface composed of ‘‘(a) IN GENERAL.—If it appears to the Com- causes of the spikes, collapses, and vola- crushed stone and tar; mission that a person has engaged, is engag- tility. Whereas, on August 19, 1909, the first 4- ing, or is about to engage in any act or prac- ‘‘(3) The relationship between the market wheeled automobile races at the Indianapolis tice constituting a violation of this title (in- for emission allowances, offset credits, and Motor Speedway took place; cluding a regulation promulgated or order allowance derivatives, and the spot and fu- Whereas, for 63 days in late 1909, 3,200,000 issued under this title), the Commission may tures markets for energy commodities, in- paving bricks, each weighing 9.5 pounds, bring a civil action in the appropriate United cluding electricity. were laid on top of the crushed stone and tar States district court or United States court ‘‘(4) Evidence of fraud or manipulation in surface to upgrade the Indianapolis Motor of any territory or other place subject to the any such market, the effects on any such Speedway, leading the facility to be nick- jurisdiction of the United States— market of any such fraud or manipulation named ‘‘The Brickyard’’; ‘‘(1) to enjoin the act or practice; or (or threat of fraud or manipulation) that the Whereas a 3-foot horizontal strip of that ‘‘(2) to enforce compliance with this title Commission has identified, and the effective- original brick remains exposed at the start (or a regulation or order promulgated or ness of corrective measures undertaken by and finish line, known as the ‘‘Yard of issued under this title). the Commission to address the fraud or ma- Bricks’’; ‘‘(b) FORMS OF RELIEF.— nipulation, or threat. Whereas, on May 30, 1911, the first Indian- ‘‘(1) INJUNCTIVE RELIEF; RESTRAINING ‘‘(5) The economic effects of the markets, apolis 500-mile race (in this preamble re- ORDER.—On a proper showing, a court de- including to the macro- and micro-economic ferred to as the ‘‘Indianapolis 500’’) took scribed in subsection (a) shall grant a perma- effects of unexpected significant increases place and was won by Ray Harroun at an av- nent or temporary injunction or issue a re- and decreases in the price of regulated in- erage speed of 74.602 miles per hour; straining order, without bond. struments. Whereas the Indianapolis Motor Speedway ‘‘(2) CIVIL MONEY PENALTY.— ‘‘(6) Any changes in the roles, activities, or was a pioneer in introducing seating areas ‘‘(A) IN GENERAL.—The Commission may strategies of various market participants. specifically for people with disabilities; seek and the court, on a proper showing, ‘‘(7) Regional, industrial, and consumer re- Whereas the race car of Ray Harroun, the shall have jurisdiction to impose on any per- sponses to the market, and energy invest- Marmon ‘‘Wasp’’, was the first automobile to son found in the civil action brought under ment responses to the markets. use a rearview mirror, one of many innova- this section to have committed a violation, a ‘‘(8) Any other issue relating to the mar- tions in automotive technology and safety civil penalty in an amount that is not more kets that the Commission determines to be devised or developed at the Indianapolis than the greater of— appropriate. Motor Speedway, including in 1911 the first ‘‘(i) $100,000; or ‘‘(b) QUARTERLY REPORTS TO CONGRESS.— use of a Pace Car, in 1921 the first use of 4- ‘‘(ii) triple the monetary gain to the person Not later than 30 days after the end of each wheel hydraulic brakes, in 1935 the first in- for the violation. calendar quarter, the Commission shall sub- stallation of color warning lights, in 1935 the ‘‘(B) ENFORCEMENT OF PENALTY BY THE AT- mit to the President, the Committee on En- first mandatory use of helmets, in 1993 the TORNEY GENERAL.—If a person on whom such ergy and Commerce of the House of Rep- first use of crash-data recorders, and in 2002 a penalty is imposed fails to pay the penalty resentatives, the Committee on Energy and the steel and foam energy reduction

VerDate Nov 24 2008 01:23 Jul 07, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\CR\FM\A06JY6.037 S06JYPT1 smartinez on PROD1PC64 with SENATE S7150 CONGRESSIONAL RECORD — SENATE July 6, 2009 (SAFER) barrier, an energy-absorbing bar- NELSON of Nebraska (for himself and DEPARTMENT OF DEFENSE rier affixed to concrete walls that has be- Ms. MURKOWSKI) to the bill H.R. 2918, Daniel Ginsberg, of the District of Colum- come the standard at all major oval tracks making appropriations for the Legisla- bia, to be an Assistant Secretary of the Air in the United States; tive Branch for the fiscal year ending Force. Whereas the Indianapolis 500, the largest single-day spectator sporting event in the September 30, 2010, and for other pur- f world, has occurred on every Memorial Day poses; as follows: LEGISLATIVE SESSION weekend since 1911, except during the in- At the appropriate place, insert the fol- volvement of the United States in world lowing: The PRESIDING OFFICER. The Sen- wars from 1917 through 1918 and 1942 through SEC. lll. REPORTING REQUIREMENT. ate will now return to legislative ses- 1945; Section 105(a) of the Legislative Branch sion. Whereas, in 1977, Janet Guthrie became the Appropriations Act 1965 (Public Law 88-454; 2 f first woman to compete in the Indianapolis U.S.C. 104a) is amended— 500, making the competition the first and (1) in the last sentence of paragraph (1), by MEASURE READ FIRST TIME—H.R. only major sport in which men and women striking ‘‘shall’’ and inserting ‘‘may’’; and 2454 (2) by adding at the end the following: compete, according to the same rules, Mr. MERKLEY. Mr. President, I un- against one another; ‘‘(6) Beginning with the report covering the Whereas, in 1991, Willy T. Ribbs became first full semiannual period of the 112th Con- derstand that H.R. 2454 has been re- the first of several African-American drivers gress, the Secretary of the Senate— ceived from the House and is at the to compete in the Indianapolis 500; ‘‘(1) shall publicly post on-line on the desk. Whereas, in 2005, Danica Patrick became website of the Senate each report in a The PRESIDING OFFICER. The Sen- the first female driver to lead the Indianap- searchable itemized format as required under ator is correct. olis 500 when she took the lead near the 140- this section; Mr. MERKLEY. I ask for its first mile mark; ‘‘(2) shall issue each report required under this section in electronic form; and reading. Whereas, in 2009, Helio Castroneves became The PRESIDING OFFICER. The a 3-time winner of the Indianapolis 500 and ‘‘(3) may issue each report required under Danica Patrick finished in third place, the this section in other forms at the discretion clerk will state the bill by title. best finish ever by a woman in the sport; of the Secretary of the Senate.’’. The legislative clerk read as follows: Whereas the Indianapolis Motor Speedway, A bill (H.R. 2454) to create clean energy by hosting the IndyCar Series, the NASCAR SA 1370. Mr. DEMINT submitted an jobs, achieve energy independence, reduce Sprint Cup Series, the MotoGP Series, and amendment intended to be proposed to global warming pollution and transition to a the Formula One Series, is the only facility amendment SA 1365 proposed by Mr. clean energy economy. in the world that has played host to 4 elite NELSON of Nebraska (for himself and Mr. MERKLEY. Mr. President, I ask racing series; Ms. MURKOWSKI) to the bill H.R. 2918, for its second reading and object to my Whereas nearly every international making appropriations for the Legisla- own request. motorsport icon has competed and won at tive Branch for the fiscal year ending the Indianapolis Motor Speedway, including The PRESIDING OFFICER. Objec- September 30, 2010, and for other pur- tion is heard. A.J. Foyt, Al Unser, Rick Mears, Dale poses; as follows: Earnhardt, Mario Andretti, Graham Hill, The bill will be read for the second Jeff Gordon, Tony Stewart, Jimmie Johnson, At the appropriate place, insert the fol- time on the next legislative day. Michael Schumacher, Lewis Hamilton, and lowing: f Valentino Rossi; SEC. lll. ENGRAVING OF THE PLEDGE OF AL- Whereas every May since 1981 the Indian- LEGIANCE TO THE FLAG AND THE NATIONAL MOTTO IN THE CAPITOL ORDERS FOR TUESDAY, JULY 7, apolis Motor Speedway has served as the VISITOR CENTER. 2009 backdrop for the annual Armed Forces In- (a) ENGRAVING REQUIRED.—The Architect duction Ceremony, in which citizens of Indi- Mr. MERKLEY. Mr. President, I ask of the Capitol shall engrave the Pledge of Al- unanimous consent that when the Sen- ana who have volunteered to serve in the legiance to the Flag and the National Motto Armed Forces are administered the oath of of ‘‘In God We Trust’’ in the Capitol Visitor ate completes it business today, it ad- enlistment; Center, in accordance with the engraving journ until 10 a.m. tomorrow, July 7; Whereas, in 1987, the Indianapolis Motor plan described in subsection (b). that following the prayer and the Speedway was officially listed on the Na- (b) ENGRAVING PLAN.—The engraving plan pledge, the Journal of proceedings be tional Park Service list of National Historic described in this subsection is a plan setting approved to date, the morning hour be Landmarks as the oldest continuously oper- forth the design and location of the engrav- deemed to have expired, the time for ated automobile racecourse; and ing required under subsection (a) which is Whereas, the Indianapolis Motor Speedway prepared by the Architect of the Capitol and the two leaders be reserved for their has played an enormous part in shaping and approved by the Committee on Rules and Ad- use later in the day, and there be a pe- defining the City of Indianapolis, the State ministration of the Senate and the Com- riod of morning business for 1 hour, of Indiana, United States motorsports, and mittee on House Administration of the with the time equally divided and con- the United States automobile industry, and House of Representatives. trolled between the two leaders or is a great source of pride to all citizens of In- f their designees, with the majority con- diana: Now, therefore, be it trolling the first half and the Repub- Resolved, That the United States Senate EXECUTIVE SESSION recognizes the 100th anniversary of the Indi- licans controlling the final half, with anapolis Motor Speedway. Senators permitted to speak therein EXECUTIVE CALENDAR for up to 10 minutes each; that fol- f Mr. MERKLEY. Mr. President, I ask lowing morning business, as previously AMENDMENTS SUBMITTED AND unanimous consent that the Senate ordered, the Senate proceed to H.R. PROPOSED proceed to executive session to con- 2892, the Homeland Security appropria- SA 1369. Mr. COBURN submitted an amend- sider Calendar Nos. 197 and 258; that tions bill; finally, I ask that the Senate ment intended to be proposed to amendment the nominations be confirmed en bloc; recess from 12:30 until 2:15 p.m. to SA 1365 proposed by Mr. NELSON of Nebraska the motions to reconsider be laid upon allow for the weekly caucus luncheons. (for himself and Ms. MURKOWSKI) to the bill the table en bloc; that no further mo- The PRESIDING OFFICER. Without H.R. 2918, making appropriations for the objection, it is so ordered. Legislative Branch for the fiscal year ending tions be in order and any statements September 30, 2010, and for other purposes. relating thereto be printed in the f SA 1370. Mr. DEMINT submitted an amend- RECORD; the President be immediately PROGRAM ment intended to be proposed to amendment notified of the Senate’s action and the SA 1365 proposed by Mr. NELSON of Nebraska Senate then resume legislative session. Mr. MERKLEY. Mr. President, to- (for himself and Ms. MURKOWSKI) to the bill The PRESIDING OFFICER. Without morrow, we will begin consideration of H.R. 2918, supra. objection, it is so ordered. the Homeland Security appropriations f The nominations considered and con- bill. Rollcall votes are expected to firmed en bloc are as follows: occur throughout the day. As stated TEXT OF AMENDMENTS ENVIRONMENTAL PROTECTION AGENCY earlier today, at approximately 12:15 SA 1369. Mr. COBURN submitted an Stephen Alan Owens, of Arizona, to be As- tomorrow, Senator-elect Al Franken amendment intended to be proposed to sistant Administrator for Toxic Substances will be sworn in to be U.S. Senator amendment SA 1365 proposed by Mr. of the Environmental Protection Agency. from the State of Minnesota.

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