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, THURSDAY, MAY 14, 2009 No. 74 Senate The Senate met at 9:30 a.m. and was appoint the Honorable KIRSTEN E. don’t have to work into Saturday. But called to order by the Honorable GILLIBRAND, a Senator from the State of New we have to do this credit card legisla- KIRSTEN E. GILLIBRAND, a Senator from York, to perform the duties of the Chair. tion, the financial fraud. We have been the State of New York. ROBERT C. BYRD, in contact with Republicans. They will President pro tempore. have a number of amendments. They PRAYER Mrs. GILLIBRAND thereupon as- want it to come back from the House. sumed the chair as Acting President The Chaplain, Dr. Barry C. Black, of- There will be some amendments in pro tempore. fered the following prayer: order. I have spoken to the Republican Let us pray. f leader on that, and they are going to Almighty God, You know all about try to get us those amendments as RECOGNITION OF THE MAJORITY quickly as possible. Hopefully this us. You know when we sit down and LEADER when we rise up. You know when we sin morning we can set that up to com- and when we obey. Give us Your Holy The ACTING PRESIDENT pro tem- plete that legislation quickly. Spirit to purge us from every wrong pore. The majority leader is recog- Then, of course, we have to do the thing, that our lives will glorify You. nized. supplemental appropriations bill. I Today, guide the steps of our law- f hope that is not going to be controver- sial. It will be marked up in the Senate makers. Help them to run when they SCHEDULE can, to walk when they ought, and to today, and then we will have the abil- wait when they must. Open their minds Mr. REID. Madam President, fol- ity to look at what the House and Sen- ate did before it comes to the floor to discern Your will and make them lowing the remarks of Senator MCCON- here. ready to do it. In everything, do NELL and myself, there will be a period There are a number of issues that through them what is best for our Na- of morning business for up to an hour. Senators will be allowed to speak for will be discussed. I hope there aren’t tion and the advancement of Your any that should take a lot of time, but kingdom in our world. up to 10 minutes each, with the excep- tion of Senator FEINSTEIN, who will we will see. We pray in the Redeemer’s Name. That is our workload this work pe- Amen. control the full 30 minutes on the Democratic side. The next 30 minutes riod. I hope we can work through this, f will be under the control of the Repub- as much as we can get done today. If not, we can complete a lot of the work PLEDGE OF ALLEGIANCE licans. Following morning business, on tomorrow and Monday even though the Senate will resume consideration The Honorable KIRSTEN E. there will be no votes on those days. of the credit card legislation. GILLIBRAND led the Pledge of Alle- f giance, as follows: Last evening, I filed cloture on the substitute amendment and on the un- I pledge allegiance to the Flag of the RECOGNITION OF THE MINORITY United States of America, and to the Repub- derlying bill. That was under rule LEADER lic for which it stands, one nation under God, XXII. Because of that, the filing dead- The ACTING PRESIDENT pro tem- indivisible, with liberty and justice for all. line for germane first-degree amend- pore. The Republican leader is recog- ments is at 1 p.m. today. I hope we can f nized. reach agreement to have that cloture f APPOINTMENT OF ACTING vote today. It is scheduled for the PRESIDENT PRO TEMPORE morning. If we can’t do it in the morn- GUANTANAMO The PRESIDING OFFICER. The ing, we will have to do it Tuesday Mr. MCCONNELL. Madam President, clerk will please read a communication morning because of the Senate sched- last night we learned that the supple- to the Senate from the President pro ule. If we complete that cloture vote mental war spending bill the Senate tempore (Mr. BYRD). tonight, we would be able to finish the will take up contains $80 million to be The bill clerk read the following let- germane amendments Tuesday morn- used for closing Guantanamo. But the ter: ing and move on to other matters we language of the bill acknowledges what U.S. SENATE, have to do next week before we take Republicans have been saying for PRESIDENT PRO TEMPORE, our Memorial Day recess. We want to months: The administration has no Washington, DC, May 14, 2009. be able to leave here, if at all possible, plan to safely close this secure deten- To the Senate: on Thursday of next week. People have tion facility. Under the provisions of rule I, paragraph 3, things scheduled. But we may have to Closing Guantanamo without a safe of the Standing Rules of the Senate, I hereby work into Friday. I hope not. I hope we alternative would be irresponsible,

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

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VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5460 CONGRESSIONAL RECORD — SENATE May 14, 2009 dangerous, and unacceptable to the tainees from their highly controlled military Force anti-terrorism officer. He said the new American people. Americans are wor- fortress at Guantanamo Bay, Cuba, to Alex- development in the area ‘‘makes the security ried that closing Guantanamo by an ar- andria to stand trial at the federal court- plan much more complicated. You have more bitrary deadline won’t keep them as house. locations to cover, more roofs to lock down ‘‘We would be absolutely opposed to relo- with snipers.’’ safe as Guantanamo has. They are par- cating Guantanamo prisoners to Alexan- When the Alexandria jail, an eight-story ticularly worried about the administra- dria,’’ Mayor William D. Euille (D) said. ‘‘We red-brick building adjacent to the Capital tion’s reported plan to transfer some would do everything in our power to lobby Beltway near the Woodrow Wilson Bridge, detainees to detention facilities right the president, the governor, the Congress opened in 1987, the area had been a city here on American soil. State and local and everyone else to stop it. We’ve had this dump. officials in places such as Louisiana, experience, and it was unpleasant. Let some- ‘‘The idea wasn’t that you were going to California, Virginia, and Missouri have one else have it.’’ house terrorists,’’ Lawhorne said. ‘‘It was a The 2006 death penalty trial of Zacarias local jail.’’ been introducing resolutions to keep Moussaoui, who was convicted of conspiring The 10-story federal courthouse opened a terrorists from coming to their com- in the terrorist attacks of Sept. 11, 2001, few blocks away in 1996 in what had been a munities. turned the neighborhood into a virtual en- field of mud. The chief judge brought bag One look at the experience that Alex- campment, with heavily armed agents, roof- lunches to work because there were so few andria, right across the river here, had top snipers, bomb-sniffing dogs, blocked restaurants nearby. a few years ago during the trial of 9/11 streets, identification checks and a fleet of Major terror trials were held in Manhattan conspirator Zacharias Moussaoui television satellite trucks. in those days, but Alexandria became the President Obama has vowed to close Guan- makes it easier to see why all these Bush administration’s courthouse of choice tanamo by January, and the government is after hijacked airplanes slammed into the communities are so concerned. reviewing files on the roughly 240 detainees. World Trade Center and the Pentagon. Moussaoui was just one terrorist. Yet The administration has strongly indicated Northern Virginia jurors and judges were the effect his presence had on the city that some will be transferred to federal considered more conservative, and officials of Alexandria was enough for the city’s courts, and a senior Justice Department offi- thought the area was more secure. current mayor to state emphatically cial recently named Alexandria, along with By early 2002, about a dozen terrorist sus- that he is absolutely opposed to relo- Manhattan, as possible destinations. pects were held at the jail, which by contract cating prisoners from Guantanamo to Alexandria Sheriff Dana A. Lawhorne, who accepts up to 150 federal inmates, and more operates the city jail, said federal security if it can. Moussaoui, who spent 23 hours a Alexandria. ‘‘We had this experience,’’ requirements for housing suspects could day inside his 80–square-foot cell, was con- he said recently. ‘‘Let someone else ‘‘overwhelm the system’’ if multiple detain- stantly monitored and never saw other in- have it.’’ ees are brought there. mates. An entire unit of six cells and a com- According to press accounts, housing City officials and some legislators are con- mon area was set aside just for him. Moussaoui turned parts of Alexandria cerned that terror trials would take years, ‘‘It was a real hassle,’’ said Alan into a virtual encampment. Every time shut down roads and cost millions and could Yamamoto, one of his lawyers. ‘‘Bringing he was moved to the courthouse, he invite attacks from terrorist sympathizers. even two or three or four people over there is Business owners in the dense area around the was transferred in a heavily armed con- going to be a major headache.’’ courthouse—newly filled with hotels, res- Lawhorne said he would discuss any re- voy that shut down traffic and locked taurants and luxury apartments—fear dis- quests to hold Guantanamo inmates with down the surrounding community. ruptions amid a declining economy. city officials. One security expert recently told the Local officials acknowledged that they ‘‘It would be a very extremely high-risk Washington Post that housing detain- cannot control the docket at the federal situation for us.... My first obligation is ees from Guantanamo would likely be courthouse and said they would work with to protect the interests of the city,’’ said the even more complicated than it was for the Justice Department to minimize prob- sheriff, who added that he would do what he Moussaoui, with more locations for se- lems. But the resistance in Alexandria, one can: ‘‘You can’t run the other way when your of the few places known for handling high- country calls.’’ curity personnel to cover and even level terrorism and national security cases, The 450–inmate jail was locked down every more snipers. illustrates some of the practical complex- time Moussaoui was moved to the back of According to the same Post article, ities facing the president’s plan to shutter the nearby courthouse in a heavily armed one of Moussaoui’s lawyers said that the controversial detention facility. convoy. Traffic was stopped as snipers bringing just two or three Guantanamo The Guantanamo detainees include the five watched from rooftops. The route from the detainees to Alexandria would be a accused planners of Sept. 11, among them jail is much denser today. ‘‘major headache.’’ Alexandria’s sheriff former al-Qaeda operations chief Khalid On a single block behind the courthouse, Sheik Mohammed. Putting detainees on trial has warned that multiple detainees there is a luxury 326–unit apartment complex in Alexandria would mean moving them with a Fed Ex/Kinko’s, cleaners and cafe on could ‘‘overwhelm the system.’’ from an isolated island prison 90 miles from the first floor; an office building with room Based on the Moussaoui experience, Florida to a neighborhood brimming with for ground floor retail; another office build- local business owners in Alexandria residents, thousands of federal employees ing; and a Marriott Residence Inn. All also think the arrival of detainees from and the new Westin Alexandria Hotel 190 feet opened within the past 18 months. Guantanamo could be a serious drag on from the courthouse door. Pramod Raheja, owner of Intelligent Office commerce. But even more worrisome ‘‘It would be a disaster,’’ said Rep. Frank on the ground floor of one building, said he for residents is the concern that hous- R. Wolf (R-Va.), who co-sponsored legislation would ‘‘strongly oppose’’ bringing Guanta- to ban the use of federal funds to transfer de- ing detainees in Alexandria could in- namo detainees to the neighborhood. tainees to Virginia detention facilities, one Directly in front of the courthouse, in a vite terrorist attacks. of at least 10 similar bills filed by Repub- thriving community near Old Town known I ask unanimous consent to have the licans nationwide. In a March 13 letter to At- as Carlyle, the Westin anchors a virtually Washington Post article I am referring torney General Eric H. Holder Jr., Wolf ques- all-new block with a coffee bar, an upscale to entitled ‘‘Security Worries in the tioned how officials would protect the com- restaurant, a condominium complex with Suburbs, Possible Move of Terrorist munity. units costing more than $1 million and a Suspects to Alexandria for Trial Raises Dean Boyd, a Justice Department spokes- Thai restaurant. A Starbucks is opening this man, said the administration is reviewing month. The new U.S. Patent and Trademark Outcry’’ printed in the RECORD. how to handle Guantanamo detainees. ‘‘It’s There being no objection, the mate- Office complex, with more than 7,000 employ- far too early to speculate on the final dis- ees, starts on the next block. rial was ordered to be printed in the position of any particular detainee at this ‘‘I’ve never agreed with people who say RECORD, as follows: time, much less begin speculating about po- ‘not in my back yard,’ but there are just too [From the Washington Post, Mar. 25, 2009] tential judicial districts for prosecution,’’ he many people around here,’’ said Jim said. He declined to comment on Wolf s let- SECURITY WORRIES IN THE SUBURBS Boulton, president of the unit owners asso- ter. ciation at the Caryle Towers condominium (By Jerry Markon) Matt Branigan, president of Fairfax-based complex, which has been trying to get the An outcry is growing in Alexandria over a Watermark Risk Management International, government to remove security barriers left prospect no one seems to like: terrorist sus- said that the security could cost millions over from the Moussaoui trial. ‘‘They need pects in the suburbs. and that a courthouse in a less-populated to find someplace else.’’ The historic, vibrant community less than area would be safer than Alexandria. 10 miles from the White House markets itself ‘‘The concern is that someone from the Mr. MCCONNELL. The problems that as a ‘‘federal friendly zone.’’ But it has terrorist side of things would want to make one terrorist caused for Alexandria turned decidedly unfriendly to news that the some statement in conjunction with the could be duplicated in any city or town Obama administration might move some de- trials,’’ said Branigan, a former senior Air to which detainees from Guantanamo

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 14, 2009 CONGRESSIONAL RECORD — SENATE S5461 are sent. Although the administration The ACTING PRESIDENT pro tem- new commissions would be held on hasn’t given us any details on which pore. The Senator from Kansas is rec- American soil, probably at military cities or towns they might choose, we ognized. bases. Such a move would be a first can imagine what they could look for- Mr. BROWNBACK. Madam President, step toward permanent transfer of de- ward to, based on Alexandria’s experi- I applaud my colleague from California tainees to the United States. Appar- ence with Moussaoui. So here is what a for raising this issue. This is one that ently, detainees would be moved to the community would have to experience: has been here since I have been here, United States whether or not the new heavily armed agents patrolling local and we have seen it a number of times commissions would be able to prevent neighborhoods, rooftop snipers, streets and we are seeing the effects of this. I the release of terrorists in the United locked down and access to local busi- applaud her leadership in bringing this States. Such a policy is truly an enig- nesses cut off, identification checks forward. It is a serious issue. It is a se- ma. and bomb-smelling dogs checking cars, rious matter. It is one that has signifi- I have not been briefed on these millions of dollars in cost and strained cant consequences to our overall econ- plans, and it is disappointing that local resources. That is what you get omy across the country—in California, unnamed lawyers apparently know when you have a terrorist in your in Kansas, my State—in New York, and more about the administration’s plan hometown. Kentuckians don’t want to other places. than Members of Congress. The admin- live under these conditions. I doubt f istration is famous for its willingness any other American would either, espe- to talk with its opponents and have GUANTANAMO cially if we consider that any commu- meaningful dialog on tough issues. I nity that becomes a home to these de- Mr. BROWNBACK. Madam President, hope that desire to talk extends to de- tainees could have to endure these con- I rise to address an issue that is front tainee policy matters. ditions for literally years, given the and center for us. It is the Guantanamo Detainee policy is too complicated possible length of terror trials. Bay detainees. Tomorrow I will be and controversial to make decisions Some of the other locations that leading a congressional delegation to behind closed doors and have them be have been mentioned as possible des- Guantanamo to look at the facility made by one party alone. It needs to be tinations for the terrorists at Guanta- there. We will bring this issue up—it a bipartisan approach. As I said in Jan- namo include facilities in South Caro- will be up next week in the supple- uary, when the administration an- lina and Kansas. One local official in mental appropriations bill—the effort nounced its plans to close Guantanamo South Carolina responded to the possi- of the administration to close Guanta- Bay, I believed policy changes must be bility by saying he didn’t have the po- namo Bay, which most of the American made openly and transparently and in lice resources to deal with an influx of public do not support. I realize it is a bipartisan fashion to be credible. So terrorists from Guantanamo. An offi- quite popular in Europe to close Guan- far we have had riddles, mysteries, and cial in Kansas said Guantanamo de- tanamo Bay. I would hope we would enigmas, but no clear sense of direc- tainees would significantly tax his po- start to get a more factual setting on tion. Now the American people are lice resources. this issue. skeptical of what is going to happen. The administration claims that clos- I would also hope, and I would invite A poll last month showed that just 36 ing Guantanamo and transferring some the administration to engage all of us percent of Americans agree with the detainees to U.S. soil would make the here in the Senate—certainly I am administration’s decision to close American people safer. It is hard to un- willing to be engaged—about what we Guantanamo Bay. I am sure that num- derstand that statement. But based on can do with the detainees. They need ber would be higher in Europe, but we the experience of Alexandria, it is easy to be treated humanely. They need to don’t represent the European people. to see why many Americans are skep- be treated appropriately under inter- Seventy-six percent oppose releasing tical. The administration has said that national conventions. They do not need detainees in the United States. Two when it comes to Guantanamo, its to be brought to the United States. weeks ago, Secretary of Defense Gates highest priority is the safety of the We do not have a facility in the told the Appropriations Committee American people. But safety is our top United States to be able to hold these that he expects that every Member of concern. The administration should detainees in a way and in a situation Congress would oppose detainees being rethink its plan to transfer terrorists that would be safe for the people of the moved to his or her district or State. to American communities. United States. We are not prepared to In fact, I learned in a written response I yield the floor. release these detainees because we from Secretary Gates yesterday that have found so many of them back on f DOD will make no attempt to discuss the battlefield after they have been re- detainee transfers with State and local RESERVATION OF LEADER TIME leased. So there is a quagmire that ex- officials until a final decision about The ACTING PRESIDENT pro tem- ists as a result of the administration’s where to put detainees is reached. As I pore. Under the previous order, the efforts to close Guantanamo Bay to said, the number was 66 percent oppos- leadership time is reserved. please foreign detractors who I don’t ing releasing detainees into the United f believe will be pleased, even if the fa- States. cility is closed. They will complain If my constituents in Leavenworth, MORNING BUSINESS about the next facility. I would invite KS, are any indication of the level of The ACTING PRESIDENT pro tem- them to work with us—the administra- American concern over the administra- pore. Under the previous order, there tion to work with us—to come up with tion’s mysterious plans, Secretary will now be a period of morning busi- an acceptable solution to this difficult Gates is right to be wary about nega- ness for up to 1 hour, with Senators problem. I stand ready and willing to tive reactions to detainees in the permitted to speak therein for up to 10 do that. United States. Folks in Leavenworth minutes each, with the time equally di- To borrow a phrase from Winston are quite comfortable with tough vided between the two leaders or their Churchill, the administration’s de- criminals living in nearby prisons, but designees, with the Senator from Cali- tainee policies seem to me to be a rid- they see detainees differently. They fornia, Mrs. FEINSTEIN, controlling the dle wrapped in a mystery inside an don’t want terrorists coming into Kan- majority time and the Republicans enigma. The administration started sas. We are not set up to handle ter- controlling the second half. with a confident announcement that rorist threats because of detainees The Senator from California. military commissions would end and coming to Fort Leavenworth. (The remarks of Mrs. FEINSTEIN and Guantanamo’s detainee facility would The administration cannot and Mr. SCHUMER pertaining to the intro- be closed. But according to a report in should not duck this debate. They need duction of S. 1038 are located in today’s Saturday’s Washington Post, the ad- to tell the American people how their RECORD under ‘‘Statements on Intro- ministration is preparing to restart security is improved by bringing ter- duced Bills and Joint Resolutions.’’) military commissions. rorists inside our borders. They need to Mrs. FEINSTEIN. Thank you, That same report, however, also cited be upfront about how detainees will be Madam President. I yield the floor. an unnamed lawyer who said that the handled and where they will be housed.

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5462 CONGRESSIONAL RECORD — SENATE May 14, 2009 Then the administration needs to lis- eling to Guantanamo Bay tomorrow. I was a person released from Guanta- ten to the American people before it have been to Fort Leavenworth many namo Bay. It is like this was a charges forward. times. I want to see what we have ac- credentialing exercise. Now he is lead- Of course, a national debate on this complished at Guantanamo with the ing a broader group. We don’t want issue should be based on facts. Just more than $200 million in taxpayer that to take place. We don’t want to after last year’s election, I invited funds in the last 8 years that we have release new commanders into the field. members of the Presidential transition spent on that facility. I want to under- In normal history, this wouldn’t be team to visit Fort Leavenworth to see stand what it takes exactly to operate an issue until the war itself was re- for themselves why it could not handle a detainee facility that is ‘‘professional solved. We have to figure out the mili- a detainee mission. Nobody visited. No- and well run,’’ to use Attorney General tary commissions. We tried multiple body even responded. Holder’s statement. times, in various ways, to be able to In January, I invited the President to When the supplemental reaches the give legal rights to individuals without Fort Leavenworth so he could hear the floor, I hope we can have a full and in- revealing confidential information that facts directly from the people who formed debate over detainees. I hope would hurt our troops on the battle- work and live at Fort Leavenworth. we can agree to set aside the request field. We haven’t found the appropriate That invitation is still open. for the funding of hypothetical de- route yet. I stand ready to try to do I tried to provide some facts to At- tainee transfer plans. I hope we can that. But I don’t stand here willing to torney General Holder during his con- agree that we are not ready to bring release people who will harm U.S. citi- firmation hearing. I noted that Fort detainees to the United States. I hope zens. I don’t think that is in our inter- Leavenworth’s primary mission is edu- we vote on that and send a clear mes- est, and that is not our job. cation, and that many international sage to the administration and to the I don’t think it is our job to try to students of the command and general American people, most of which oppose meet a European public’s impression of staff college will refuse to participate moving detainees to the United States. a facility that our Attorney General in military education programs if de- If we poll different States on whether believes is well run. It may have image tainees are nearby. This could harm that State wants detainees moved to issues that are taking place, but let’s the interests of our Nation. Unfortu- their State, they are overwhelmingly get actual facts. If the Europeans are nately, Fort Leavenworth is still being opposed—the States are—to moving de- that concerned about it, why don’t considered as a detainee destination. tainees to their States. From my own they get more involved in Guantanamo I was pleased that Attorney General State, I know we do not feel confident Bay or be willing to take some detain- Holder made his visit to Guantanamo at all that we would be able to house ees and not release them back onto the Bay in February and found out that it the detainees in a safe fashion for the battlefield. I think this is one of the is, to use his words, ‘‘a professional and people of Kansas. tough problems that needs to involve well-run facility.’’ I would like for him I hope we can set aside the arbitrary everybody. If there is an open debate to visit Fort Leavenworth, too, because timeline for withdrawing detainees and dialog—and the American people the facts speak for themselves. It is not from Guantanamo Bay and do the hard and interests should be our primary just that Fort Leavenworth should not work of determining what status de- concern—we can resolve this but not have the detainees; it cannot take on tainees should have, how military com- by releasing detainees or putting them this mission. missions work, how long we are willing on U.S. soil, and certainly not by put- The Missouri River forms the eastern to hold detainees, and whether they ting them at Fort Leavenworth, KS, border of the post. The city of Leaven- might ever be released to threaten where people are saying clearly that we worth wraps around the other three Americans again. This is a tough prob- cannot handle this. We are not pre- sides. There isn’t enough space in the lem. The Bush administration wrestled pared to do this. existing maximum security prison with this for years. When I was on the It will hurt the primary mission at wing to handle the Guantanamo de- Judiciary Committee, we wrestled with Fort Leavenworth and the education of tainees. The post doesn’t have a hos- the issue of how to handle the legal our students and also the foreign mili- pital. It doesn’t have adequate legal fa- rights of detainees. We have a situation tary officers as well. We have students cilities. The fact is, the Fort Leaven- that we haven’t seen before. This is one from Jordan, Egypt, Pakistan, and worth idea just doesn’t work. where we have detainees who are Saudi Arabia. These are students and In order to resolve all of the issues enemy combatants but don’t represent army officers from those four coun- surrounding the Guantanamo detain- a foreign country. They are freelancing tries. We get army officers from 90- ees, we need a full debate with all of or in an organized effort not based in a some countries on a regular basis to the facts available and everybody en- country. Normally, in the past, we Fort Leavenworth for training and for gaged. That means everyone needs to would have a conflict with another na- relationship building with U.S. mili- do their homework. I was pleased that tion, and we would hold prisoners of tary forces. When we go to joint exer- our colleagues in the House rejected war until the conflict is over, and then cises—and there is rarely one around the administration’s request for more there would be a military exchange or the world that isn’t a joint exercise— than $80 million in supplemental fund- an exchange of prisoners at the end or there is confidence and communication ing related to closing the Guantanamo there would be trials for these combat- that is built up among the individuals. detention facility. The House Appro- ants so they didn’t go back on the bat- We have been told by these four coun- priations Committee chairman was ab- tlefield. tries—by students from these coun- solutely right to demand that the ad- We are still in the war on terrorism, tries—if we move the detainees to Fort ministration come to Congress and de- despite efforts by the administration to Leavenworth, KS, at the same place we fend a concrete plan before we consider rename it. Whether it takes place in are training future military leaders, this request. We should not be in the Afghanistan, Iraq, and many other they will pull their students out. We business of spending taxpayer money places; whether it is the Horn of Africa, will defeat the purpose. on hypotheticals, especially in a mat- where we are seeing problems, or So- We need to be able to work with the ter as significant as moving terrorists malia, and in many other locations Pakistani military, the Saudi military, inside the borders of the United States. around the world, there is a dedicated and the Jordanian and Egyptian mili- It is my hope that next week this terrorist force that doesn’t represent a taries. Now we will lose those officers body will vote on whether detainees country which seeks to do us harm and because we move detainees to Fort should be moved to the continental kill American citizens and harm our Leavenworth, a place we are not set up United States. interests. That continues to be the fac- to handle them. It will cost hundreds of I hope that we would vote against tual setting. millions of dollars, even if we could put such a move. I believe there would be a When people are released from Guan- a facility there, and the people in the strong bipartisan vote against such a tanamo, we are seeing them back on community will feel threatened. This move. the battlefield, and it is like they have is an urban setting. For what? Why are I am doing my homework as well, as received a promotion. In Afghanistan, we doing this? So we can make our- I mentioned previously. I will be trav- one of the leaders of the Taliban effort selves less secure and make ourselves

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 14, 2009 CONGRESSIONAL RECORD — SENATE S5463 less effective around the world? So that help families pay their bills and put particular flight are very disturbing— we can please the European public with food on the table. the question of crew rest, the question this move? That is the reason. Unfortunately, many small busi- of training, of safety issues. I am not None of this makes any sense. We nesses in New Hampshire and through- here to suggest that when someone have invested $200 million in the Guan- out the country continue to struggle in gets on an airplane today or tomorrow tanamo Bay facility that is well run. I today’s economy. That is forcing lay- or anytime, they should worry about don’t know why we would do this. It offs and slowing our path to economic who is in the cockpit, but I do suggest doesn’t make any sense. I think we growth. I have met with small business this: In this case, what we have now ought to work on this in a bipartisan owners across New Hampshire. They learned is that one of the people in the fashion and roll up our sleeves and see are small business owners who have ex- cockpit traveled all night because the what is in the best American interests. cellent credit histories, but they can- duty station was in New York and the Treating detainees humanely, rightly not access much needed credit because person lived on the west coast. That under the international conventions we of this economic crisis. Many small person traveled all night from the west have agreed to with other countries, businesses have seen their credit lines coast, stopping in Memphis, then on to yes, but not harming U.S. citizens or reduced or even eliminated on short New York, and then went on a flight. subjecting our military to recycled in- notice, preventing them from re- Well, one wonders about having an all- dividuals who have been captured and stocking their shelves and investing in night flight. Many of us have it. I have put at Guantanamo Bay and released, future growth. Unfortunately, more been on red-eye flights from the West and where we can meet them on the and more small businesses are relying many times. But for a pilot in the battlefield again as organizers and as on credit cards to meet their cash flow cockpit to live on the west coast, fly to people held up as examples to the ter- needs. New York, and take an all-night flight, rorist fight. I am proud to have led a successful poses real questions for me in terms of We can do this but not with the di- effort to increase access to credit crew rest. rection that the administration is through the Small Business Adminis- The voices in the cockpit suggest going in, and certainly not by exclud- tration’s 7(a) Loan Program. But we that one of the people in the cockpit ing members of the other party. must also ensure that small business said that person had no experience I yield the floor and suggest the ab- owners have credit cards on which they with icing. Well, I have had a lot of ex- sence of a quorum. can depend. perience with icing, and it is The ACTING PRESIDENT pro tem- The Credit Cardholders’ Bill of unfathomable to me that someone in pore. The clerk will call the roll. Rights makes important changes that the cockpit of a commuter airline The legislative clerk proceeded to will protect consumers from unfair would have no experience with icing if call the roll. practices such as arbitrary interest they are flying in the Northeast at a Mrs. SHAHEEN. Mr. President, I ask rate increases and unfair credit terms. time of the year when icing would be unanimous consent that the order for This amendment simply expands Truth present. the quorum call be rescinded. in Lending Act protections to small It appears from what we know that The PRESIDING OFFICER (Mr. businesses with 50 or fewer employees. the person in charge of the cockpit on As business owners across the coun- KAUFMAN). Without objection, it is so that airplane had 3 months of experi- ordered. try grapple with the economic reces- ence with that type of airplane. The sion, we must ensure that credit cards f question is not just experience but how help, not hinder, our recovery effort. much experience do you have in the CREDIT CARDHOLDERS’ BILL OF By protecting small businesses from cockpit of that type of equipment. RIGHTS ACT unfair credit card practices, business The copilot on that flight was paid Mrs. SHAHEEN. Mr. President, today owners will be better able to manage $16,000 a year. Think of that. A copilot I rise in support of an important small their cash flow, plan for future growth, was paid $16,000 a year salary and business amendment to the Credit and contribute to our economic recov- worked part time in a coffee shop to Cardholders’ Bill of Rights, amendment ery. make ends meet and lived with the par- No. 1079. It would expand the truth in I urge my colleagues to join me, Sen- ents in order to make ends meet. I lending protections of this bill and ator LANDRIEU, and Senator SNOWE in don’t know if most people understand cover our Nation’s small businesses in support of this amendment. this when they get on a commuter addition to individual credit card- I yield the floor. The PRESIDING OFFICER. The Sen- flight. A lot of flights in this country holders. I am proud to be a cosponsor ator from North Dakota. are on commuter airlines. You get on a of this amendment. Mr. DORGAN. Mr. President, I ask plane that has the same markings on I thank Senators LANDRIEU and unanimous consent to speak in morn- the tail and wings and fuselage of a SNOWE, who are the chair and ranking ing business for 5 minutes. major carrier, but in many cases it is member of the Small Business and En- The PRESIDING OFFICER. Without not that carrier at all that is operating trepreneurship Committee. I thank objection, it is so ordered. the flight. When people get on an air- them for their leadership on this issue. f plane, they expect the same standard, I also thank Senators DODD and SHEL- the same standard of training, of crew BY for their tireless work on the Credit BUFFALO AIRLINE CRASH rest, the same set of standards no mat- Cardholders’ Bill of Rights. Mr. DORGAN. Mr. President, yester- ter what airplane they are on if they This legislation is important be- day we heard on the radio and in news are flying commercially. cause, as we have heard Senator DOR- accounts of the National Transpor- The Federal Aviation Administration GAN say so eloquently, we can no tation Safety Board investigation of has the responsibility to set standards longer allow predatory and misleading the crash that occurred in Buffalo, NY, and then enforce them. The National lending practices to jeopardize Amer- of a commuter airline. I chair the Avia- Transportation Safety Board investiga- ican consumer credit. Reform of the tion Subcommittee of the Commerce tion of the Buffalo crash has raised credit card industry is truly long over- Committee; Senator ROCKEFELLER is very serious questions that need to be due, and the members of the Senate chairman of the Commerce Committee. resolved. As chairman of the Aviation Banking Committee should be com- I visited with him early this morning Subcommittee, working with the chair- mended for bringing such a strong bill on this subject. man and ranking member of the full to the floor. I look forward to sup- I was stunned yesterday to read and Commerce Committee, I intend to be porting it. But we need to make a hear the results of the National Trans- very involved in investigating what is change in the bill because small busi- portation Safety Board investigation. happening. nesses are critical to America’s eco- Last evening, I met with the families I don’t say this to alert people to be nomic recovery, and in States such as of some of those who lost their lives in anxious or excited about having to mine, small businesses are the anchor that commuter airline crash. take a flight somewhere but as some- of our communities and our economy, I want to make a point that the one who flies a great deal. This disclo- providing the jobs and the services that things we now have learned about that sure about these issues on this flight is

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5464 CONGRESSIONAL RECORD — SENATE May 14, 2009 very troublesome. I want every Amer- ple around my State and the country This bill will change a lot of things ican to believe that when they walk about some of the things that happen they don’t like. Thank goodness. I hope onto an airplane, no matter the com- when it comes to these credit cards. the Members of the Senate will accept pany, that the experience, the capa- I thank Senator DODD and Senator the amendment I am offering with Sen- bility in the cockpit is such that they SHELBY. This is the first credit card re- ator BOND of Missouri, a Republican, a can have comfort. I don’t care whether form legislation in how many years? bipartisan amendment that says: Mer- you are flying on an Airbus 320, a Boe- Ever. That is a long time. It is overdue. chants across America can offer a dis- ing triple 7 or A–8, you ought to feel, as All of us know how much they have count over credit cards for people who a passenger, that that experience, the become a part of our lives, and all of us pay in cash, check, or with a debit crew rest, the capability with the air- know how vulnerable we are when in- card, which is the new checking ac- plane in the cockpit gives you a sub- terest rates go through the ceiling, count for many younger people. stantial margin of safety. when they end up saying: Because you That discount is going to help that We have an unbelievable record in are a day late on your payment, unfor- establishment to be able to say to the skies across the country. We have tunately, you have to pay a penalty. folks: Well, we can give you a break had very few accidents. In recent years Then there is interest on the penalty. here on the product you just bought or when we have had accidents, most of And did we tell you there is interest on the meal you just bought; and say to them have been with commuter air- the interest on the penalty. You think the consumers across America who are lines. I am not suggesting in any way it will never end—$25, $50, $75. struggling in this economy: Here is a that we get along without commuter Senator DODD, in this credit card re- way to save a few bucks. You can pay airlines, but I believe the FAA has form legislation, does one of the most in cash, and you will not have to pay as some significant questions to answer. I significant things for American con- much as you would on a credit card. believe the FAA has a lot of work to sumers we have seen. I think that is a move in the right di- I want to offer an amendment. Un- do. We will now have a nomination rection. I am glad retail merchants, derstand, if you go to your local res- hearing for Randy Babbitt to head the large and small, all across America taurant in your hometown and have a FAA. Frankly, the FAA has not had have rallied behind this amendment. meal and pay for it with a credit card, Whether it is your gas station or a lit- consistent leadership. I hope Mr. Bab- the owner of that restaurant has to pay tle shop in your hometown or the res- bitt will provide that. I expect during part of your bill to the credit card com- taurant you go to, they will be able to his confirmation hearing he will get a pany and the issuing bank. It is called say to you: If you pay in cash, check, great many questions about these an interchange fee. So the owner of the issues. restaurant doesn’t get the $20 that you or debit card, we can offer you dis- I will have more to say about what put on the counter. That owner may counts on your final bill. I think that we will do in my subcommittee as well end up paying several percent of that is a good break for people across Amer- later today. I did want to mention that $20 to the credit card company and to ica that they can enjoy every single I have been stunned by what has been the bank. day if they want to, if that is the way revealed by the National Transpor- When we created the original law in they want to make the purchase. If tation Safety Board about that crash this area back in 1981, we said: It is OK they want to use the traditional credit in Buffalo, NY by that commuter car- for people in restaurants and other card, that is up to them. rier. The family members of those who places to say to their customers: We So this goes back to the original law, perished in the crash obviously are will give you a discount if you pay in knocks away all of the obstacles put in very concerned as well by what has cash or by check. That is the law; the path of this law by the credit card been disclosed. It is a service to this right? It makes sense. The person who companies, and basically says, this country for the NTSB to have done a owns the restaurant says: I am only gives retail merchants across America complete investigation. It will provide going to charge you $18.75 instead of $20 a way to offer a discount to American for all of us a reminder that there is because you are paying in cash instead consumers. much yet to do in the FAA to make of with the credit card. That way I So I hope my colleagues on both sides certain that we maintain a good record don’t have to send part of your $20 back of the aisle will join me on that amend- of safety going forward. That applies to to that credit card company. ment. the major airlines and just as well and That was the law, and it seemed to be I yield the floor. equally to commuter airlines. a pretty good one. The credit card com- The PRESIDING OFFICER. The Sen- I yield the floor and suggest the ab- panies weren’t happy with that. They ator from Wyoming. sence of a quorum. didn’t want people to get incentives f The PRESIDING OFFICER. The not to use credit cards. They created CLIMATE CHANGE clerk will call the roll. new, legal entities for credit card com- The assistant legislative clerk pro- panies that didn’t quite fit into the Mr. BARRASSO. Mr. President, I ceeded to call the roll. 1981 definition so that they wouldn’t be have in my hand a memo by Obama ad- Mr. DURBIN. I ask unanimous con- covered by the possibility of a con- ministration attorneys—a compilation sent that the order for the quorum call sumer discount. And then, for those of attorneys—from a number of dif- be rescinded. bold companies like that hometown ferent Federal agencies. It is marked The PRESIDING OFFICER. Without restaurant that decided they still ‘‘Deliberative’’ and ‘‘Attorney Client objection, it is so ordered. wanted to offer a cash discount, they Privilege.’’ This memo is well thought f piled up the rules on them at the credit out. It is scientific as well as a legal card companies and said: If you don’t critique of the decision by this admin- CREDIT CARDHOLDERS’ BILL OF istration to use the Clean Air Act to RIGHTS ACT advertise in just the right way, we will fine you. I can tell my colleagues, gas regulate climate change. The memo Mr. DURBIN. Mr. President, we are stations are being fined $5,000 because confirms the fears of every small busi- considering a bill which affects mil- they offered a discount of $1 or $2 to a ness owner, every farmer, every school lions of Americans. It is about credit consumer. and hospital administrator, in both cards. We all have them. We all wonder As a consequence, retail merchants large and small communities, that the each month, when we get a monthly came to us and said: Give us a break. If Obama administration knows that statement, what in the world it means. we are going to have a discount for using the Clean Air Act to regulate cli- I am a lawyer. I have been a legislator cash or check, say so in the law so that mate change is bad for America. They for a while. I couldn’t even tell you we can offer this to the American con- know it, but for political reasons they what the back of my credit card state- sumer. have ignored the science. The con- ment says every month. But I know if The credit card companies hate it sequences to our economy have also you end up missing a payment, if you like the devil hates holy water. It is been ignored, as well as the impact on end up being late on a payment, the like old Senator Bumpers from Arkan- the American people. world can crash down on you, because I sas used to say: Like the devil hates I am going to be clear. To me, this have gotten plenty of letters from peo- holy water. They don’t want to change. memo is a smoking gun. This memo

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 14, 2009 CONGRESSIONAL RECORD — SENATE S5465 makes clear statements about the dan- oxide in this country undertook new response was she cannot share with me gers to America of using the Clean Air construction or modifications each her plans because she is not in the job Act to regulate climate change. year, well then, the agencies would yet. She has said she would like to be The memo states: have to process 12,000 permits every informed of potential suits and would Making the decision to regulate carbon di- year. Given the EPA’s statement in its then personally meet with anyone oxide under the Clean Air Act for the first Advanced Notice of Proposed Rule- wanting to sue to convince them not to time is likely to have serious economic con- making in 2008 that 2,000 to 3,000 new sue. Well, Government officials cannot sequences for regulated entities throughout permits could ‘‘overwhelm’’ the EPA go running around trying to convince the U.S. economy, including small businesses and the States, how can permitting au- every litigant—whether it be an envi- and small communities. Should EPA later extend this finding to thorities handle the 12,000 they would ronmental group or a local group that stationary sources, small businesses and in- have to look at? How can they handle does not want something in their back- stitutions would be subject to costly regu- 12,000 permits annually? The answer is, yard—not to sue. This is not a good latory programs. . . . with everything they do and every- policy. This is not good enough. Costly programs. thing they stated, they cannot. I am seriously troubled with the ad- The document also highlights that EPA Administrator Lisa Jackson ministration and their approach to this EPA undertook no ‘‘systemic risk anal- says she is not planning to regulate issue. I have a hold on Mrs. McCarthy’s ysis or cost-benefit analysis’’ in mak- small emitters. She says she can be nomination because this process of ing their endangerment finding. targeted in what she regulates. But by using the Clean Air Act to regulate cli- The White House legal brief ques- what authority can the Environmental mate change is flawed. There appears tions the link between the EPA’s sci- Protection Agency of this Nation not to be no plan to address it. entific technical endangerment pro- include all the emitters of carbon diox- With the release of this internal doc- posal and the EPA’s political sum- ide that meet the emission thresholds ument, we now know that the plan the mary. that are set out in the Clean Air Act? administration has to address climate The EPA Administrator said in the Strangely enough, not just the authors change is political and not scientific. endangerment summary that ‘‘sci- of the administration’s legal brief but They know that using the Clean Air entific findings in totality point to also environmental groups disagree Act to regulate climate change is bad compelling evidence of human-induced with the Administrator of the Environ- for America. They choose to ignore the climate change, and that serious risks mental Protection Agency because she threat to America. They are playing a and potential impacts to public health says she can limit those and regulate dangerous game of chicken with Con- and welfare have been clearly identi- those she chooses. gress and the American people. fied. . . .’’ But the memo states that The Sierra Club’s chief climate coun- Either we will all jump to pass the this is not at all accurate. The memo sel stated last year that: President’s energy tax—his cap-and-tax actually questions—questions—the The Clean Air Act has language in there plan—or we will crash head-on into science behind designating carbon di- that is kind of [an] all or nothing if carbon this regulatory ticking timebomb. In oxide as a health threat, stating the dioxide gets regulated and it could be unbe- the end, it will be the American people scientific data on which the agency re- lievably complicated and administratively who will have to pay the price. nightmarish. lies are ‘‘almost exclusively from non- The administration has tried to con- Environmental Protection Agency The Center for Biological Diversity vince the public to support this cap- sources.’’ says: and-tax proposal. The memo goes on to say that the es- The EPA has no authority [at all] to weak- Charlie Munger, who is the CEO of sential behaviors of greenhouse gases en the requirements of the [Clean Air Act] Berkshire Hathaway—who works close- simply because its political appointees don’t ly with Warren Buffett; they have been are ‘‘not well determined’’ and ‘‘not like the law’s requirements. well understood.’’ partners for years—stated that cre- The memo says: I have warned the Administrator of ating an artificial market in Govern- the EPA that groups such as these will ment-mandated carbon credits would The finding rests heavily on the pre- cautionary principle, but the amount of ac- sue the EPA if the EPA does not cap- be a ‘‘monstrously stupid thing to do knowledged lack of understanding about the ture both large and small emitters. She right now.’’ And he said such a move is basic facts surrounding [greenhouse gases] has dismissed these threats. This is de- ‘‘almost demented.’’ seems to stretch the precautionary principle spite the Wall Street Journal last week Well, according to the Wall Street to providing regulation in the face of unprec- reporting that a representative of the Journal, the administration has now edented uncertainty. Center for Biological Diversity stated consulted pollsters who advocate Under the same precautionary prin- that her group is prepared to sue for avoiding such phrases now as ‘‘cap and ciple, the memo says the Environ- regulation of smaller emitters, such as trade’’ and ‘‘global warming.’’ The mental Protection Agency could ‘‘also farms, schools, hospitals, and nursing White House Council on Environmental regulate electro-magnetic fields and homes—and they will do that—if the Equality has also scheduled a meet- noise.’’ EPA stops at simply going after the ing—earlier this week—with the presi- This memo confirms that the admin- large emitters. dent of ecoAmerica, a Washington- istration has ignored its own advice. It I have asked for a plan from the Ad- based nonprofit that uses—their is looking to make up scientific facts ministrator on how she will address terms—‘‘psychographic research’’ to to make a predetermined conclusion. losing court cases if the agency is sued ‘‘shift personal and civic choices of en- This is politics trumping science. It is for picking winners and picking losers. vironmentally agnostic Americans.’’ the American people who will ulti- Her response in a committee hearing— This is a sign of desperation. The ad- mately pay the price. this was this week—is that she cannot ministration realizes the American I have long stated my concerns that share with me any such plans they people are not buying what they are using the Clean Air Act to regulate cli- might have in that forum of a com- trying to sell here. The consequences of mate change is a bad idea for our coun- mittee meeting. Well, I would ask the this issue are too grave for America. try. Administrator, if you cannot share in- Mr. President, I would say take this The Chamber of Commerce has stated formation with the elected representa- regulatory ticking timebomb off the that 1.2 million new entities such as tives of the 50 States, then in what table. Let’s pass legislation taking the schools, farms, hospitals, office build- forum can you share the information? Clean Air Act out of the business of ings, big-box stores, enclosed malls, None of this is in keeping with the regulating climate change. Then let’s commercial kitchens, nursing homes, transparency that has been promised forge a plan in a bipartisan way that and small businesses—in both large and under this administration. makes America’s energy as clean as we small communities—all would be cap- Similarly, I have asked the person can make it, as fast as we can do it, tured under this preconstruction per- who has been nominated to head up the without raising energy prices for mit program under the Clean Air Act. Air and Radiation Office, Mrs. Regina American families. Let’s develop all of If only 1 percent of the 1.2 million McCarthy, in the Environmental Pro- our energy resources—wind, solar, geo- major stationary sources of carbon di- tection Agency, the same question. Her thermal, hydro, clean coal, nuclear,

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5466 CONGRESSIONAL RECORD — SENATE May 14, 2009 and natural gas. We need it all. We supported the Senator’s effort to waive bill. People didn’t think we could reach need an ‘‘all of the above’’ energy the budget point of order for us to de- this point. We have done so. Once strategy to address our Nation’s energy bate that. That is not to say I would again, Senator SHELBY and I have needs. I look forward to working with have agreed necessarily with that spe- worked together with our staffs to my colleagues to address those needs cific amount, but clearly there is a achieve that. This bill has been round- for our Nation. strong desire in the country to get our ly endorsed and supported by every I yield the floor. arms around this issue of exorbitant major consumer group in this country. Mr. President, I suggest the absence interest rates. I thought maybe we That is no small achievement. So there of a quorum. ought to be doing it, because there are ought to be a moment of pride here The PRESIDING OFFICER. The different institutions with different that we have put something together clerk will call the roll. methods of calculating that. We prob- worthy of our support. The assistant legislative clerk pro- ably ought to take a look at how we These amendments I have mentioned ceeded to call the roll. can do that in a more comprehensive already which we can adopt, we will in Mr. DODD. Mr. President, I ask unan- manner. So there are a number of either a managers’ amendment or by imous consent that the order for the agreements. some means by which they can be ac- quorum call be rescinded. I see my friend from Alabama. Our cepted, but then we need to take these The PRESIDING OFFICER. Without staffs worked together last night late other remaining amendments and I objection, it is so ordered. into the evening and were able to sit need to have colleagues decide whether f down with Members on both sides of they are willing to have them modified PROGRESS ON CREDIT CARD the proverbial aisle, as we talk about or studied or whether they are willing REFORM here, to reach an understanding. While to have their amendments not be of- we have not had a vote this morning on fered at this time. They can help con- Mr. DODD. Mr. President, I see my any amendments, work is being done to siderably or we run the risk of losing good friend from Alabama is here as come to final conclusion on these this bill. I wouldn’t have said that a well. I wanted to give my colleagues a amendments. day or so ago, but we are getting pre- little sense of an update. I know we are There are amendments that we have cariously close to that outcome: push- all anxious to know how we are pro- not reached agreement on. Let me say ing this off to next week. We have the gressing. to my colleagues, cloture has been filed supplemental coming up. When the While we haven’t had a vote this by the leader. My hope is we can finish agenda is taken over by other items, it morning on any amendments, I think this bill today. I have a list of 30 or 40 is very difficult to come back. So here words of encouragement might be help- amendments here from Members who we are on the cusp of actually achiev- ful at this juncture, to let Members wish to offer them. We have a good bill. ing an unprecedented result and I don’t know we are reaching agreement or Is it a perfect bill? No. Is it a bill that want to see us lose that opportunity. have reached agreement on a series of Senator SHELBY would have written on I urge my colleagues to step up and amendments that will be incorporated his own? No. Is it one I would have come give us a hand to try and move into either a managers’ amendment or written on my own? No. But, again, we forward on this bill. some manner or form. have a product that is worthy of this I yield the floor. To give my colleagues an idea of the institution’s support. It is the first The PRESIDING OFFICER. The Sen- amendments being worked out: Sen- time we have dealt with reform of the ator from Alabama. ator COLLINS of Maine and my col- credit card issuing industry. At a time Mr. SHELBY. Mr. President, I wish league from Connecticut, Senator when our fellow constituents are being to join in and associate myself with LIEBERMAN, have an amendment on hammered by rising costs, by fees and some of the remarks my colleague, the what is called ‘‘stored value’’ cards interest rate hikes that make it harder chairman of the committee, Senator which we will reach an agreement on; and harder for them to keep their fami- DODD, has made. One, we have what we Senator FEINSTEIN and Senator CORK- lies together economically, it is a think, with the Dodd-Shelby sub- ER, along with Senator CASEY and Sen- major step forward and it is deserving stitute, is a step in the right direction. ator GRASSLEY, have an amendment on of our support. It is a step in the right direction for university—I believe the word is either That is not to suggest that many of consumers. It is also a step in the right ‘‘affiliates’’ or ‘‘attitudes.’’ Anyway, it these amendments are not good ideas. direction to bring balance to the credit is dealing with younger people on uni- It doesn’t mean we have finished this card industry. Is it everything I would versity campuses and credit cards. We debate once and for all, forever. Obvi- want from the Republican side? No, but have either reached an agreement on ously, we will be back on these issues. it is not everything that Senator DODD that or are reaching one, but one will We are in this Congress, and we will in and some of the Democrats would be reached on that as well. There is the the next as well. We want to see how want. We have worked together to amendment from Senator LEVIN deal- this works. We believe it will work well forge an outcome. We have put a lot of ing with deceptive advertising, which I on behalf of our fellow citizens. But at thought and a lot of work into this, as think we have reached agreement on as some point we need to get moving and have our staffs, who have worked days well. Senator KOHL has an amendment get this done, even though it comes and nights. We are close. We could pass for a study on the marketing of credit short of everyone else’s ideal goal. I this bill today if we could bring a few cards. Senator FEINSTEIN and Senator say that respectfully. more people together. I think this is a GREGG have an amendment on an emer- I have some Members with six or milestone as far as protecting con- gency PIN program FTC study that has seven different amendments they want sumers, informing consumers, as well also either been agreed to or is in the to offer. If that is the case, we will as to give some balance. process of reaching an agreement. Sen- never finish this bill. I don’t think that You cannot take risk out of the mar- ator AKAKA has an amendment dealing is in our interests. Every day we delay ketplace. You have to consider risk with credit counseling standards. He is a delay for the final enactment of when you make loans. We have some of has been a strong advocate of that for this legislation or the imposition of its that in here. But we have great reforms many years and we thank him for it. standards. Implementation is nine in here that I think we can live with. That is also an issue upon which we months from enactment. Every day we Some people don’t want a bill on both have reached some agreement. There is wait pushes that date further out at a sides, or the others want something an amendment dealing with usury and time when we can help our fellow citi- that is probably not achievable, not an interest rate study which I will zens in this matter of credit card re- good for the economy, and not good for offer. form. the American people. We have to re- We had a vote yesterday on at least I won’t go back through all the provi- member that the credit card business the waiver—we didn’t actually have a sions that are incorporated in the bill. does extend credit, to some extent, to vote on the Sanders amendment—deal- I have done that several times. I think people where that is their only credit. ing with a cap on interest rates set to my colleagues are pretty well aware of This bill will at least let them know a the national credit union standard. I what is included. This is a bipartisan lot of the terms upfront. It will let

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 14, 2009 CONGRESSIONAL RECORD — SENATE S5467 them know what they are paying, and to address a key component of mer- not have to pay higher fees to support so forth. It is a step in the right direc- chant fees, called interchange fees. Mr. the deposit insurance fund. tion. I hope we can pass that bill. I President, these fees are generally set Second, the amendment language would like to do it today. at around 2 percent. They have not de- doesn’t allow merchants to surcharge I yield the floor. creased. And studies indicate that customers for using credit cards. In The PRESIDING OFFICER (Mrs. rates may have increased over time. other words, the price displayed on HAGAN). The Senator from Missouri is The Credit Card Fee Act of 2008 products must be honored, and mer- recognized. aimed at establishing a process to chants can only provide discounts. Mr. BOND. Madam President, I thank allow small businesses to negotiate so Third, and most important, this the managers of the bill for their good that fees could be set at reasonable amendment doesn’t harm consumers. work. Their staffs have done a lot of rates. It was introduced by us. I have In fact, this amendment is structured hard work and put in a lot of time on met, along with my staff, countless with most consumers in mind. Con- the credit card bill. Their substitute times with concerned stakeholders, sumers will benefit from this provision amendment is a reasonable approach credit card companies, banks who issue since they will be given the ability to that protects consumers from abusive credit cards, and large merchants to receive a discount for using less costly and deceptive lending practices, while small merchants. We have even held forms of payment and preserves the allowing financial institutions to im- joint meetings with representatives of convenience of using all forms of pay- plement reasonable standards to ac- both sides. While we gained some un- ments. I believe that makes it a win- count for credit risk. derstanding, key questions remain. win for comsumers. I rise today to speak on behalf of the One key question is whether inter- Let me be clear so that there is no modified Durbin-Bond amendment to change rates are set in a competitive, misunderstanding. This is not an inter- the Dodd-Shelby substitute. This market driven manner. Despite several change provision. This amendment amendment would clarify the fact that months of meetings, we still don’t have doesn’t allow surcharges. It doesn’t consumers are allowed to receive a dis- adequate information to answer that give unfair competitive advantage to count for purchases using cash, check, question or whether the fees are rea- large banks at the expense of commu- or debit instead of credit cards. sonable and fair. It was my hope that nity banks and credit unions. It is not All of our offices have heard from we would have been able to work out limited to the two largest credit card credit cardholders who are angry and an agreement, but we have not been companies, MasterCard and Visa. Most confused about sudden interest rate in- able to do so. important, this amendment won’t creases, hidden fees, and obscure rules. Chairman DODD has indicated that harm consumers and the economy. In Much of the anger and confusion stems the issue of interchange fees will have fact, the Bond-Durbin amendment is from inadequate transparency in the fi- to be addressed another day. He in- pro-consumer and pro-small business. While we were unable to address nancial system, which we are trying to cluded in the substitute amendment a interchange, I emphasize that the Dur- address in the underlying bill. study by the U.S. Government Ac- bin-Bond amendment represents a It is not only individuals and families countability Office to provide rec- breakthrough. It also represents our who are struggling with confusing ommendations and information. good faith effort to work openly and credit card rules. Over the past several While interchange fees will have to constructively with all concerned par- months, I have heard countless com- wait for another day, I believe we can ties with the goal of finding common plaints Missouri merchants, especially take some modest, commonsense steps, ground on the issue. I continue to hope small businesses, who believe they are and that brings us to the Durbin-Bond that stakeholders will make a good- powerless in negotiating credit card amendment, which answers a major faith effort to provide us hard data and fees that are, in their view, unreason- question that consumers, including me, information to help us understand bet- ably high and account for a significant and small businesses have raised. It an- ter the interchange issue. portion of their revenue and may, in swers the question of whether mer- I am a strong believer in the private some instances, equal their profit. As chants can provide consumers a dis- markets. But Missourians and other credit card usage has grown to become count if the consumer chooses to use taxpayers across the Nation, as well as the dominant form of payment, these cash instead of credit. Current law per- policymakers and experts, have signifi- fees have squeezed their financial situ- mits cash discounts, but in practice it cant questions about our private mar- ation. is difficult, at best, for merchants to kets given the credit crisis that is at Small businesses are especially feel- offer this option due to confusion about the root of the economic downturn. We ing the stress of credit card fees as the rules. Our amendment would en- cannot afford to take things at face many of them operate at very thin sure that cash discounts could be of- value. Taxpayers deserve greater over- profit margins. With small businesses fered to consumers, and it would up- sight on financial and business matters being hard hit by the economic down- date the law so consumers can receive so that taxpayers are not asked to bail turn and finding more difficulties in a discount for using debit cards, along out irresponsible businesses, and small obtaining private financing from with cash and checks, when making businesses do not feel that Government banks, this ‘‘fees squeeze’’ is being felt purchases. policy is unfairly weighted toward ‘‘too even more. It is also important to clarify some big to fail’’ companies. Small businesses play a major role in misconceptions about our amendment. This amendment is a small but im- our economy by creating jobs and act- First, contrary to what some poorly in- portant step. It helps Americans save ing as the catalyst for innovation. In formed lobbyists have said, the lan- money at the store. It gives American order for our economy to recover and guage doesn’t allow merchants to dis- families more choices when they are sustain growth, and in order for our criminate between certain brands or checking out at the supermarket or small businesses to put more Ameri- types of credit cards. It doesn’t allow cafe. It makes sure small businesses cans back to work, it is critical that merchants to cut special deals with understand the rules and provides them their cost burdens be minimized. certain credit card issuers. This means some financial relief. It will provide That is why I have always been a sup- the so-called ‘‘honor all cards’’ rule immediate stimulus, since this is porter of small businesses and believe would be preserved and community equivalent to a modest but broad tax their tax burdens must be held down. It banks and credit unions would not be break. I extend my appreciation to is for that reason that I believe action unfairly affected. Senator DURBIN and his staff for their is needed to address the credit crisis by To be clear, I strongly support our fi- collaboration and cooperation in devel- clearing out the toxic assets that clog nancial institutions that played by the oping this amendment. our financial system. rules and didn’t participate in irrespon- I strongly urge my colleagues to sup- My long-term and strong support for sible and risky lending practices in re- port the Durbin-Bond amendment, small businesses is the main reason I cent years. That is why I was a strong which is endorsed by small business got involved in the merchant credit supporter of the Dodd-Crapo-Bond lan- groups and consumer groups. card fees last year, and I cosponsored guage that raised the FDIC’s line of I thank the managers and I yield the legislation last year by Senator DURBIN credit so that community banks did floor.

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5468 CONGRESSIONAL RECORD — SENATE May 14, 2009 The PRESIDING OFFICER. The Sen- led to the financial crisis we are in- you don’t need; come on, you can load ator from Connecticut is recognized. volved in, in this country. I have held up on my card. Mr. DODD. I thank my colleague up charts on the floor that describe the Then when they got everybody with from Missouri. He is absolutely right. solicitations from the mortgage com- all these cards and substantial bal- The interchange fees are a tremen- panies and others that say: Come to us. ances on the cards, here is what hap- dously important issue. We have put If you have bad credit, if you have been pened. This is a person from Minot. in, at the urging of Senator CORKER on bankrupt, come to us. We want to give My wife and I both have credit scores our committee, a thorough study of the you a home loan. greater than 800 and have never been late on interchange issue. It is complicated, I have shown all of those—from Zoom any of our payments so it is odd that Capital and the Senator is correct. Among Credit, from Millennium Mortgage, One just sent us a notice that our interest rate on our credit card will almost triple. small businesses, this is a very onerous from the largest mortgage company in area and we need to address it. the country, Countrywide—all of them There they are, using a plastic credit I thought we needed to understand saying to people: You know what, if card, paying their bills on time, and the fullness of the issue, so we talked you have bad credit come to us. We they are told we are going to triple your interest rate. At least they know about the study. Senators DURBIN, want to loan you some money. it. That is not an excuse, but a whole BOND, and others have a proposal that That subprime loan scandal was a touches on the interchange issue. We tipping point for a significant difficult lot of folks don’t even know it. Here is another constituent who are working with them to see if we can time for this country’s economy and wrote to me. reach an agreement on that. We will that time includes right now. I have make an effort to do that. I thank the talked about that at great length. But I just wanted to let you know how upset I today we are talking about credit am with my credit card company—Citibank. Senator for his comments. They have decided to raise my interest rate Madam President, I suggest the ab- cards. The same influence exists with to 27 percent. I have always paid my bill on sence of a quorum. respect to credit cards. We have com- time and have a good credit rating—820. Why The PRESIDING OFFICER. The panies that just wallpaper this country would a company who was bailed out by tax- clerk will call the roll. with credit cards. Go to a college cam- payers because of bad practices then decide The bill clerk proceeded to call the pus and try to find out how many cred- to stick it to us by raising the interest rate roll. it cards they stick on those college so high that it is competitive with the local Mr. DODD. Madam President, I ask campuses preapproved, saying to these Mafia rate? unanimous consent that the order for kids: Get our credit card, please. Walk There is no Mafia rate in Fairmont, I the quorum call be rescinded. through the concourse of an airport might say, but I get the point. The PRESIDING OFFICER. Without and see how often you are accosted by Williston, in my State: objection, it is so ordered. someone who wants you to take their Enough is enough. We shored up these credit card. It is all over. banks with our hard earned tax dollars just f Last year the economy tipped over, to have them raise the interest rates on and we went right into a financial cri- their credit cards to 28 percent and 26.3 per- CONCLUSION OF MORNING cent—that’s Bank of America and Capital BUSINESS sis. But in that year, 2008, 4.2 billion One—for absolutely no reason. Something credit card solicitations were mailed to The PRESIDING OFFICER. Morning must be done. consumers. Let me say that again. In business is closed. One more: the middle of an economic crisis, at a I received a letter from my credit card f time when there was so much unbeliev- company— CREDIT CARDHOLDERS’ BILL OF able leverage and debt out there, com- This person from North Dakota RIGHTS ACT OF 2009 panies in this country sent 4.2 billion writes— credit card solicitations to people. the Bank of America, that they are upping The PRESIDING OFFICER. Under Yes, some of them went to kids. The the previous order, the Senate will re- my interest rate from 7.99 to 18.4 on my cred- fact is, I spoke on the floor years ago it card and we have not been late with a pay- sume consideration of H.R. 627, which about my 10-year-old son getting a Din- ment. We have been with them for 15 years. the clerk will report. ers Club card saying it is preapproved, I want you to know I am really angry over The bill clerk read as follows: we want you to consider going to Paris, this. Billions have been going to these banks A bill (H.R. 627) to amend the Truth in France. My son wasn’t going to France. and this is what we get for it. Lending Act to establish fair and trans- As a matter of fact, he was 10 years old, Here is a solicitation for a bank debit parent practices relating to the extension of for God’s sake. He had no money. He card, Visa. You might look at that and credit under an open end consumer credit wasn’t going to get a credit card. Was say what are they trying to solicit? plan, and for other purposes. it a mistake that they sent him a cred- Some 70-year-old codgers who are re- Pending: it card solicitation? Probably. But I tired, sitting around worrying about Dodd/Shelby amendment No. 1058, in the went to the floor one day with a whole their teeth? No, they are trying to so- nature of a substitute. pile of them, saying you are licit kids. That is the purpose of the Landrieu amendment No. 1079 (to amend- preapproved, please take this piece of bow. It is a little like Joe Camel and ment No. 1058), to end abuse, promote disclo- sure, and provide protections to small busi- plastic, spend it where you want, as cigarettes, except this is much more nesses that rely on credit cards. much as you want. Madam President, obvious, a credit card for kids. It is Collins/Lieberman amendment No. 1107 (to 4.2 billion new credit card solicitations pink with a beautiful little bow. amendment No. 1058), to address criminal went out last year alone. They don’t Here is a statement from Bruce and fraudulent monetary transfers using seem to care who gets them, as I said Giuliano, a senior vice president with a stored value cards and other electronic de- with home mortgages, which are much company that owned the Hello Kitty vices. larger than most of the limits on credit brand. Mr. DODD. Madam President, I sug- cards. For home mortgages they solic- We think our target age group will be from gest the absence of a quorum. ited people with bad credit. You have 10 to 14 although it could certainly be young- The PRESIDING OFFICER. The been bankrupt? Come to us. You do not er. clerk will call the roll. pay your bills? Come to us. That is a How much younger than 10 years old The bill clerk proceeded to call the business model I never learned about, can you get people to start using credit roll. by the way, but it is what happened. cards? That is unbelievable. Mr. DORGAN. Madam President, I They created the house of cards and We think our target age group will be 10 to ask unanimous consent the order for the whole thing collapsed. 14. the quorum call be rescinded. With credit cards, the big companies Here, by the way, is the Hello Kitty The PRESIDING OFFICER. Without out there—and by the way it is heavily brand I was describing. Does it seem to objection, it is so ordered. concentrated—wallpaper this country you like they are targeting that 10- Mr. DORGAN. Madam President, I with preapproved credit card solicita- year-old to 14-year-old? It is a nice lit- have been on the floor often talking tions: Come to us, load up; come on, tle pink thing with a kitty, new Plat- about the subprime loan scandal that spend what you don’t have on things inum Plus Visa credit card with world

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 14, 2009 CONGRESSIONAL RECORD — SENATE S5469 point rewards. If they could couple this does not have a job, and it is not very going to go in this direction—way over- with an airline and get 10-year-old kids long before the credit card company board, in many cases cheating cus- flying to France, they would have what ups the limit to the college student tomers—then we are going to put the my son experienced, plus a pink credit without telling the cosigner. I know brakes on. card. It is unbelievable to me. We won- that is an interesting business prac- Some people say: Well, of what busi- der why people are upset. You have a tice, to be pushing additional credit to- ness is it of the Government? bunch of companies out there going ward those who do not have income, Well, you know what, we have a re- after your kids to see if they can put but it is part of the culture of this sponsibility, it seems to me, to stand plastic in their pockets, kids who never country, I guess. up for consumers. In this case, you had a job and will never get a job—at Undergraduates are carrying record- have some very large companies that least not when they are 10 years old— high credit card balances. The average have engaged in this business and now, saying: Load up on debt. balance grew to $3,100—the highest in in recent years, have decided to impose Here, First Premium Card says: the years the study has been con- very substantial fees and very high in- Get our platinum credit card. We have a ducted—and 21 percent of undergradu- terest rates, in a way that I believe platinum card. Even if your credit is less ates had balances between $3,000 and takes advantage of the people. These than perfect. $7,000. people are good citizens, pay their bills Once again, a solicitation to say if My point is simple: This is some of on time, are conscientious about it, you don’t do so well paying your bills, the same culture and some of the same and now discover that the company we have a credit card for you. difficulty that has tipped this coun- they have had a relationship with for a Has anybody thought through that try’s economy over, beginning with the very long time has imposed all kinds of maybe this is what steered the country subprime loan scandal in housing but dramatic penalties and fees that cus- into the ditch? Has anybody thought very quickly going into credit cards. tomer does not deserve. about that? By the way, some of these Someone said to me a while back: So this legislation is legislation that financial companies are the ones that You know something, nobody spends I believe will pass the Senate with a have gotten very large bailouts from money like the Federal Government. I very wide margin. Why? Because I the Federal Government. am talking about debt. The Federal think those companies that have done This is interesting. This is a credit Government has run up all of this debt. this have invited this today. They card, presumably, for somebody who Shame on the Federal Government. asked for it. This Congress has a re- does not pay their bills so well. So it is I said: I agree with you. This Govern- sponsibility to stand up for the inter- hard for them to get a credit card. Here ment has to decide it can only deliver ests of the American people. is what they are going to do. It looks Government to the American people I come from a State in which Teddy pretty good. It is actually a gold card that the American people are willing to Roosevelt lived for a while, and he al- ways said: Had it not been for my time with a $250 total credit limit. The prob- pay for. We cannot continue with these in North Dakota, I never would have lem is the annual fee is $48, the setup deficits. been President. He was a rugged guy, fee is $29, the program fee is $95, and But, I said, understand this: It is not and he went out there and ranched in the monthly servicing fee is $7. So if just the Government. This culture has had a dramatic runup in household North Dakota. you pay all these fees to that bank, you By the way, he was in the depths of debt, a dramatic runup in corporate get to have a piece of plastic in your despair because both his mother and debt, you name it, all across the board, purse or your wallet that allows you to his wife died in his home on the same charge up to $250. What an unbelievable including trade debt. day in New York. Think of it, losing But we are here today because Sen- opportunity for people who are not your mother and your wife the same ator DODD has brought a bill to the thinking or do not know or at least day on different floors of the same floor with his colleague, Senator SHEL- have been cheated by a company that home. He went out to try to renew his BY, and they deserve great credit. They suggests these terms. spirit in the Badlands of North Dakota. This chart simply describes a college deserve a lot of credit from the Amer- He became a rancher and later became credit card. Everybody makes money ican people for doing this. It is a piece President of the United States. on credit cards. That is why they ac- of legislation that begins to put the One of the things I remember him for cost you when you are going through brakes on, puts a bridle on those who and the country remembers him for is the concourses at an airport—the air- are engaged in practices I have just de- as a ‘‘trust buster,’’ willing to take on line is actually pushing credit cards. scribed: aiming credit card solicita- the big interests, willing to stand up to They are all making money on credit tions at 10-, 12-, 14-year-old kids, the big interests when they rip into the cards—including some colleges, by the wallpapering college campuses so that interests of the American consumer, way. kids came up with four or more credit the American people. Thank God for They wallpaper all of those college cards. The fact is many of these compa- what Teddy Roosevelt did in so many hallways with credit cards because if nies got involved in all of these unbe- areas in trust busting. you can get someone at that age to lievable instruments—credit default In many ways, this is a smaller piece start using credit cards with your com- swaps, CDOs, and shame on them. of that larger issue, taking on the big- pany, then you have got them for a Shame on WaMu, shame on Wachovia, ger interests when they are taking on long period of time. shame on the companies that did it. the American citizens in a way we be- Now, 84 percent of undergraduates in They are supposed to be banks. Bank- lieve is unfair and untoward. college had at least one credit card, up ing is supposed to be reasonably con- So I came today simply to say to my from 76 percent in 2004. Midwestern servative. Instead, they loaded up with colleagues, Senator DODD and Senator students continue to carry the highest unbelievable debt. SHELBY, that I appreciate the work average number of credit cards, with Now some of the same companies, by they have done. I am a strong sup- more than half of the students—think the way, that are putting credit cards porter of this legislation, and I know of this—more than half of these college out all over this country are saying to we have some amendments back and students have four or more credit credit card customers: You know, I un- forth. At some point, I am going to be cards. Again, a cultural lesson about derstand you have never been late, proud to cast a ‘‘yes’’ vote. debt? I don’t think that is a lesson we never missed a payment, been a cus- I am not suggesting credit cards are want college students to understand. I tomer for 20 years, but you know what, bad—far from it. Credit cards are very am not suggesting college students your 7.9 interest rate has now gone to helpful to the American people. I am should not have a credit card. I under- 26 percent, and you are lucky we told suggesting there are some practices stand the value of that. But they ought you because some people are not going that have occurred that go way beyond to have a limit. to know it. By the way, we are going to that which is reasonable, and we are By the way, here is the other thing add some additional fees, and we do not going to try to rein that in with this that happens with credit cards and col- care what you think about this. legislation. lege students. You cosign a credit card This legislation says: No more. You Mr. CARPER. Madam President, I as a parent for the college student who cannot do that. It says: If you are rise to speak for several minutes on the

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5470 CONGRESSIONAL RECORD — SENATE May 14, 2009 legislation that is before us today deal- tion which comes out of the committee The other thing I noticed about the ing with credit cards, something that and comes to us for consideration says, credit card company, the due dates for most of us have a personal experience no; we should do something. What the my bill were always Saturdays or Sun- with—we use them; we have had good legislation calls for, for us to do dif- days. They didn’t process on Saturdays experiences and bad experiences. In ferently in this country, is if a young or Sundays. I finally realized what was some respects, those experiences guide person, under the age of 21, wants to happening, and I said we will not use our views with respect to how we sign up for a credit card, either, No. 1, that credit card again. I tore it up, paid should legislate. That is understand- their parent or guardian has to cosign it off, and got another credit card that able. It is true with me too. for them, with them, for that credit did not have that problem. That is an Earlier today, I had a chance to par- card, or, No. 2, the young person has to example of letting market forces work. ticipate in a number of call-in radio demonstrate the ability to pay their Hopefully, a lot of us are smart shows, some specific to Delaware, one debts. enough to be able to do that sort of to the Delmarva Peninsula, and one a For the most part it means have a thing, but honest to God, not every- national call-in show. People raised a job, have a source of income to pay body is as sophisticated as they need to variety of different issues about the their debts. That is something that is be to be able to lay that out for them- legislation we are debating. What I did in addition to the Federal Reserve. I selves. with some of the listeners, I took them agree with that. I think it is a good Another issue that has come before back to the beginning and said: The change, and I think most of my col- us is the issue of caps, our credit card reason why this legislation is before us leagues do, too. limits. If Senator GRASSLEY over here actually grew out of the work of the In terms of being guided by your own has a credit card limit, and I am his Federal Reserve, which was begun over personal experiences, I don’t know credit card issuer, he has a limit on the 2 years ago. The Federal Reserve about the rest of you, but one person credit card he has from us, from our sought to use their authority under who called in today on a call-in show company, say, a $1,000 limit. Currently, said: Why don’t we just let the market- the—I think it was the Federal Trade if he exceeds the $1,000 limit, we let place make the decisions for us? We are Commission law that says they have a him. My credit card company lets him smart. We get these credit card solici- responsibility to protect consumers. exceed it and he starts paying fees. If tations in the mail. There are a lot of That includes protecting consumers as he continuously goes over the limit, he choices. Let the marketplace work, and they use credit cards. pays more and more fees. For roughly 2 years the Federal Re- let people choose what card they want. I don’t think that is the way the sys- As it turns out, we have a lot of serve held hearings, received input tem should work. The Presiding Officer smart people in the Senate, maybe from consumer groups, from individ- doesn’t think that is the way the sys- staff who are even smarter. There are a uals, from the industry, from other tem should work. The legislation be- lot of people in this country who, fore us says that is not the way this regulators, as to how we might better frankly, have not had the opportunity system should work. protect consumers. for an education that some of us have In the end, the Federal Reserve Going forward, when a person signs had, and they lack, as do some of us, sought to strike a balance. They up for a credit card, if there is a limit— the financial literacy that will enable sought to strike a balance that was fair we will say there is a $1,000 limit—un- them to make the right decision on a to consumers and better protected less the cardholder objects, that will be multitude of options, choices; to under- their interests, which need to be better a limit. It will be a hard cap. If the stand them, read the fine print and un- cardholders want to exceed that limit, protected, and at the same time not to derstand how it will impact them. further disadvantage our financial in- As a result, we are not going to just they may do that, but they fully ac- stitutions in this country, many of let the marketplace work as it worked knowledge that they will accept fees in which are struggling literally to sur- in the past because it didn’t work per- doing so. I think that is a reasonable vive. That was the balance the Federal fectly. What we are trying to do is cor- way to approach this. There is another major issue that has Reserve sought to strike. The Federal rect some of the bad behavior, clean up Reserve promulgated regulations last some of the behavior on the part of the been before us, the issue of whether the December after literally receiving tens credit card issuers, and that will get to credit card companies should be able to of thousands of pages of comments on a point where the marketplace can assess risk and charge for that risk, the draft regulations they promulgated work, and the market will actually the perceived higher risk on the part of earlier, last year. work on behalf of consumers. That is the cardholder. We worked with Sen- What we are doing now is, rather really what we want to see happen. ator SHELBY, who is here today, to try than simply waiting on the Federal Re- I will use a couple of examples from to strike a reasonable balance that serve regulations to be implemented my own personal life. I have three cred- says, again, I am a credit card com- between now and July 1 of 2010, Con- it cards that I use. One of the credit pany, he is the credit card holder, and gress is seeking to codify, to literally cards I use is for my personal use. An- we send him his statement. He doesn’t turn into law those regulations and in other credit card I use is for govern- pay within 30 days. What the Federal some cases to move the effective date ment-related expenses, official busi- Reserve said is after 30 days, credit of those regulations up earlier and in ness. A third is for campaign-related card companies should have to charge a some cases to add some provisions that expenses. The Presiding Officer may higher interest rate. We changed that a were not covered by the regulations. have a similar kind of arrangement. It little bit, and we say we will give the One of the changes that is affected in helps keep everything straight for me. cardholder 60 days. If the cardholder this regulation was not raised in the That is a benefit, a real advantage, and has not paid a minimum payment with- regulation. It deals with credit cards I believe it is an example of how our in that 60 days of it being due, the and kids. It is really credit cards and credit cards can be used for our advan- credit card company can raise the in- people under the age of 21. My boys are tage. terest rate; however, we give the holder 19 and 20. They are in college. They I had a credit card several years ago of the card 6 months on-time pay- have been receiving preapproved credit for campaign-related expenses. I lived ments, minimum payments for 6 card applications for a number of in Wilmington, DE. The credit card bill months, to earn back the lower inter- years, including when they were in had to be paid in New Jersey. I was get- est rate. To me, that seems like a fair high school. I think Senator DODD has ting the bill about 10 days before it was balance, looking out for the consumer, talked about one of his girls, who I due, and in one instance I remember looking out for the company in addi- think is 7 or 8 years old, having re- sending a check for that bill and it tion. ceived a preapproved credit card appli- took 5 days for my check to actually I want to mention, yesterday we had cation at the tender age of 7 or 8. get to the credit card company and be the opportunity to debate the question The question is, do we need to do credited as a payment—5 days, Wil- of a usury ceiling. The question was 15 something differently? It is interesting mington, DE, to New Jersey. I could percent—shouldn’t we have a 15-per- that the Federal Reserve, in their regu- have driven it in less than 5 hours, but cent uniform usury ceiling on credit lations, did not think so. The legisla- it took 5 days to credit. card rates. Maybe 33, 35 people voted

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 14, 2009 CONGRESSIONAL RECORD — SENATE S5471 for it. I did not. I said to my colleagues opportunity to weigh in, express our Ms. LANDRIEU. Madam President, I wondering how they should vote, there concerns, and have the opportunity to would like to speak for 3 or 4 minutes. are actually two or three problems shape in a small way the outcome of I see my colleague from Iowa is here to with the amendment before us, or any this legislation. speak, so I will not take any more usury ceiling rate. The PRESIDING OFFICER. The Sen- time. If it is a 15-percent ceiling rate, the ator from Alabama is recognized. I spoke briefly about this amendment idea was we should limit banks to AMENDMENT NO. 1107, AS MODIFIED when I introduced it on behalf of Sen- charging 15 percent because credit Mr. SHELBY. Madam President, I ator SNOWE and others who joined us, unions are limited to 15 percent. As it now ask unanimous consent the Collins from both sides of the aisle. I have spo- turns out, credit unions do not operate amendment, No. 1107, be modified with ken at some length with the chairman under the same rules of the road as the changes at the desk. and ranking member as well. I am hop- banks. The banks complained the cred- The PRESIDING OFFICER. Is there ing we could have a positive outcome it unions get a break and the banks do objection? Without objection, it is so on this amendment because it is so im- not enjoy that in a number of ways. To ordered. portant to our small businesses in simply say because the credit unions The amendment as modified, is as America. are capping at 15 percent we ought to follows: We have been trying with some de- cap the banks at 15 percent, frankly, it At the end of title V, add the following: gree of success to actually help small is not a logical argument in my mind. SEC. 511. STORED VALUE. businesses on Main Street in our com- One thing I know is, if there were a (a) IN GENERAL.—Not later than 270 days munities. I say ‘‘with some success,’’ limit of 15 percent, everybody here, all after the date of enactment of this Act, the because we all go home on the week- the Senators, would be able to get cred- Secretary of the Treasury, in consultation ends and we continue to hear very seri- it. Most of our staff would be able to with the Secretary of Homeland Security, ous complaints from our grocery stores shall issue regulations in final form imple- get credit. The folks who would not be and our hardware stores and our shoe menting the Bank Secrecy Act, regarding repair shops and our cleaners and our able to get credit are lower income the sale, issuance, redemption, or inter- people. They wouldn’t be able to get a national transport of stored value, including business owners saying: Senator when credit card because they may have a stored value cards. is any help coming our way? You are high risk, and if they do have a high (b) CONSIDERATION OF INTERNATIONAL giving all of these billions of dollars to risk and it is proven by their payments TRANSPORT.—Regulations under this section Wall Street and to these big banks. Yet scheduled over time, those people are regarding international transport of stored we are here really struggling. Is any- value may include reporting requirements one listening to us in Washington? going to be cut off. That is not an in- pursuant to section 5316 of title 31, United tended consequence, it is an unin- OLYMPIA SNOWE and I, as chair and States Code. ranking member of the Small Business tended consequence, but by virtue of (c) EMERGING METHODS FOR TRANSMITTAL Committee, are doing what we can, not adopting yesterday’s amendment AND STORAGE IN ELECTRONIC FORM.—Regula- we allow credit card companies to tions under this section shall take into con- saying: Yes, we are listening, and we charge eventually for risk, but at the sideration current and future needs and want to be of some help. Every bill that comes to the floor, we try to put same time to offer the credit card hold- methodologies for transmitting and storing value in electronic form. a lens on it: How is this helping small er the opportunity to earn back a lower AMENDMENT NO. 1079, AS MODIFIED business? rate of interest. This bill is a good step to help con- I compliment Senator DODD. I com- The PRESIDING OFFICER. The Sen- sumers, individuals, persons, who have mend Senator SHELBY and their staffs. ator from Louisiana is recognized. a credit card. Unfortunately, the way They have worked very hard to get us Ms. LANDRIEU. I ask unanimous the bill is currently drafted, it leaves to a point where all of us, whether we consent that the Landrieu-Snowe out small businesses. happen to come from States where we amendment No. 1079 be modified as it is My amendment with Senator SNOWE have a lot of credit card companies or presently at the desk. The PRESIDING OFFICER. Is there will simply put them in this bill so we happen to come from States where objection? Without objection, it is so when this bill passes, we can have a we have a lot of credit card holders, to ordered. real celebration about helping, not just try to get a right balance. I think you The amendment, as modified, is as individual cardholders but small busi- came really close to doing that. I un- follows: nesses that are struggling to keep their derstand we may have one amendment doors open. offered later today dealing with fees At the end of title V, add the following: SEC. 503. EXTENDING TILA CREDIT CARD PRO- Madam President, you serve on the that are paid by, in some cases, the TECTIONS TO SMALL BUSINESSES. Small Business Committee. You have merchants—the interchange fees. I un- (a) DEFINITION OF CONSUMER.—Section heard the testimony, immediate past derstand there is language in the un- 103(h) of the Truth in Lending Act (15 U.S.C. testimony, of, really, businesses that derlying bill that says—this is not 1602(h)) is amended— have 500 employees that are struggling, something on which we have had hear- (1) by inserting ‘‘(1)’’ after ‘‘(h)’’; and to businesses that have 2 employees; ings, I understand, in the Banking (2) by adding at the end the following: from a conservative perspective, from a Committee. I understand maybe other ‘‘(2) For purposes of any provision of this title relating to a credit card account under liberal perspective, that have come be- committees have had hearings on it an open end credit plan, the term ‘consumer’ fore our committee. That is how this years ago. We have not had hearings on includes any business concern having 50 or amendment came to be. this in the Banking Committee. It is a fewer employees, whether or not the credit As I reviewed the underlying bill and lot more complex than people would account is in the name of the business entity thought there were some terrific things lead us to believe. or an individual, or whether or not a subject in this bill that will help credit card Why don’t we give the appropriate credit transaction is for business or personal users, let me just quickly say, it bans agency, and I think in this case the purposes.’’. at any time, for any reason, increases (b) AMENDMENT TO EXEMPTIONS.— GAO, the Government Accountability in rates. No more can credit card com- (1) IN GENERAL.—Section 104 of the Truth Office, a year to come back to us, study in Lending Act (15 U.S.C. 1603) is amended— panies just raise your rate any time for this, vet it, and tell us: This is what we (A) in paragraph (1), by inserting after ‘‘ag- any reason. That is eliminated in this think you should do. To me, this ricultural purposes’’ the following: ‘‘(other bill. makes a lot more sense on the Senate than a credit transaction under an open end No longer can credit card companies floor, without having had the benefit of credit plan in which the consumer is a small charge you for a balance that you paid. hearings, informed hearings from the business having 50 or fewer employees).’’ If you owe $1,000, you send them a Banking Committee, to tell us what we (2) BUSINESS CREDIT CARD PROVISION.—Sec- check for $900, they can still, under should do. Let’s take our time and let’s tion 135 of the Truth in Lending Act (15 current law, charge you interest on the U.S.C. 1645) is amended by inserting after do this right. ‘‘does not apply’’ the following: ‘‘with re- entire $1,000. I commend my colleagues. I thank spect to any provision of this title relating That is not fair. It is not fair to indi- them for giving my staff and me, other to a credit card account under an open end viduals. It is not fair to small busi- Members who have had an interest, credit plan in which the consumer is a small nesses. That will be corrected in this whether on the committee or not, the business having 50 or fewer employees or’’. bill.

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5472 CONGRESSIONAL RECORD — SENATE May 14, 2009 It simplifies disclosures. Yes, I be- other members of the Finance Com- By setting payment rates well below lieve in the free market, but I believe mittee to reform the way the Govern- costs, it is becoming more and more in order to have a free market you need ment pays for health care. difficult for seniors to find a doctor to be able to read the print. Sometimes Our options for delivery reform will who accepts Medicare. Access issues for not only is the print small, but it is al- bring the Medicare Program into the Medicaid, as we all know, are even most difficult to understand. So it is 21st century by improving quality and worse. But some say we can avoid these more simple disclosures. reducing costs. We desperately need to problems by putting the government- I think small business owners need retake control of the costs of the Medi- run plan on a level playing field with that opportunity as well. It prohibits care Program, obviously, so it can be private insurers. credit card companies from charging around for future generations. Yet in They say Congress could set up a sys- interest on transaction fees that they the face of that reality, some people tem so the government-run health in- add to monthly bills. So small business think the best way to accomplish surance plan has to follow the same will get that benefit. health care reform is to create another rules as private insurers. They say it This is, in conclusion, not going to entitlement program. would have to pay the same rates, form solve every challenge that small busi- In the face of Medicare’s pending in- networks, be independently solvent, all nesses have, but at least they will solvency, some people want to create a sounding good. My question is this: know there are Members of the Con- new public program, a government-run When this new government-run health gress, Senators and House Members, health insurance program. I am one of insurance plan starts to cost too much, who hear them, who are trying to do the most vocal supporters of health then following the pattern since 1965 what we can to respond, and this care reform. We need to improve qual- with Medicare, is Congress going to amendment will actually cover 26 mil- ity, access, and affordability. But we start breaking its promises? Will it lion small businesses in America, in ad- need to understand by adding another change the rules? dition to the millions of other credit unsustainable government-run health A recent Wall Street Journal article cardholders, perhaps over 50 million, insurance plan into our health care tried to answer this question this way: maybe more. This will include small system, it cannot be the answer. Any policy guardrails built this year can businesses with less than 50 employees. We cannot afford what we already be dismantled once the basic public option I would like to help every business in have, so let’s add more. Put that architecture is in place . . . That is what has America. I will continue to work on against the commonsense test. It does always— that. But for this bill, because it was not make much sense. As the saying And ‘‘always’’ is emphasized— directed to individuals, we thought by goes: History is a vast early warning That is what has always happened with keeping it to relatively small busi- system. Today, debate over health care Government health programs. nesses, it would fit in the overall scope reform is eerily similar to the debate Maybe at first Congress somehow re- and framework of this bill. in 1965, before Medicare was created. peals the requirement that the govern- Senator SNOWE and I are going to Let’s look at that history. Before the ment-run plan has to form a network. continue to work to expand credit op- bill became law, doctors, hospitals, and Next, Congress might allow the Gov- portunities for businesses with your other health care providers were con- ernment plan to start paying lower help. This bill also is supported by Sen- cerned about this new government-run rates than private insurers, just like ator SHAHEEN, as an original cosponsor, health care program that was passed we have done with Medicare and Med- and Senator CARDIN. I wish to thank back then. We call it Medicare. icaid. At that point, Congress might let them very much for their support and Much like today, way back then, the government-run plan dip into the help. they were worried the Government Treasury from time to time to keep the I see my colleague from Iowa and will would use this program to ration care Government plan solvent. reserve the remainder of my remarks and cut payments. To deal with these This, of course, would increase costs for Tuesday, when I hope we can vote concerns, Congress and the President for everyone. As the Government takes on this amendment. actually promised back then to doctors more and more control over the plan, The PRESIDING OFFICER. The Sen- and others that they would continue to providers would get paid less and tax- ator from Iowa is recognized. be paid, as the law says, the usual and payers would end up paying more. GOVERNMENT-RUN HEALTH CARE customary rates. Rates for government-run health insur- Mr. GRASSLEY. Madam President, That is why, to this very date, the ance plans would be lower than private for the benefit of my colleagues, I will Medicare legislation still states this: insurers because Government can im- only be speaking about 11 minutes or Nothing in this title shall authorize any pose lower rates by law, also known— so. I will proceed. Federal officer or employee to exercise any can you believe it—as price fixing. Yesterday—no, it was not yesterday, supervision or control over the practice of This is a common talking point for 2 days ago—the Medicare trustees an- medicine or compensation of any person pro- supporters of the government-run plan. nounced that Medicare’s Part A hos- viding health care services. They say the Government can use its pital trust fund will be insolvent in That was written in 1965. It is still in numbers to lower costs. But as the 2017. That is 2 years sooner than last the law. But—and a big ‘‘but’’—we all Government cuts payments to pro- year’s estimate. This announcement know that the cost and the political viders, costs will go up for everyone shines a spotlight on an issue Congress pressure has increased. who is left in the private market. Slow- cannot ignore. Our largest Federal As a result, this section that I ly but surely the Government plan health program is on an unsustainable quoted, written in 1965, has become takes over the market. Eventually, all course. meaningless. Time and time again, the promises about creating a level Medicare, according to the trustees, Congress has intervened in medical de- playing field have been broken, and we is going broke. We have all heard the cisions and cut reimbursement rates. would be left with a single-payer, gov- reasons over and over: People are liv- Legislation in the late 1980s placed lim- ernment-run health insurance plan, ing longer, health care costs are in- its on what doctors could charge and such as Canada. creasing, and most seniors are devel- put in place a government-mandated Canada brags about having a single oping chronic and very costly condi- fee schedule. plan. But Canada does not have just a tions. One American Medical Association single plan. There is a second plan, and All this leaves the Federal Govern- trustee recounted the AMA’s original it is called the United States of Amer- ment with a $35 trillion unfunded li- concern about Medicare by stating it ica. So if you do not want to wait ability over the next 75 years because this way: ‘‘Many of the things we around 3 months for an MRI in Canada, the trustees always look ahead 75 feared have come to pass.’’ Surprise. you can come to the United States, if years. That is updated annually. Surprise. Despite the promise to pay you have the money to do it and the Some in Congress recognize the fi- ‘‘reasonable rates’’ when Medicare was time to do it, and get it right away. nancial black hole that is looming be- created, today the Government pays But what happens if you have such a fore us. I hope my colleagues know I between 60 and 70 percent of what pri- plan in America? Where do Americans am working with Senator BAUCUS and vate insurers pay. go for what the plan does not provide

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In a Eventually, all the promises about cre- sought recognition to make a few ob- Treasury Department advisory issued ating a level playing field will have servations on President Obama’s re- only a few weeks ago, the Obama ad- been broken, and we would be left with quest in the emergency war supple- ministration labeled this man a ‘‘bru- a single-payer, government-run health mental for $80 million in funding to tal terrorist’’ with ties to al-Qaida. insurance plan. close the detention facility at Guanta- It is hard to believe that this admin- The simple truth is, supporters of a namo Bay. Shortly after taking office istration is seriously considering free- government plan absolutely intend for in January, President Obama an- ing these men inside the United States, this to be the outcome. Independent nounced, with much fanfare, the clo- and, most outrageous of all, paying analysis by the Lewin Group agrees. sure of the Guantanamo Bay detention them to live freely within American According to Lewin’s work, 119 million facility. At the same time, he also said communities and neighborhoods. The people would lose their private insur- he would work with Congress on any American people don’t want these men ance. In other words, they would be legislation that might be appropriate. walking the streets of America’s neigh- crowded out. They would end up where? But instead of consulting Congress, borhoods. On the Government plan. President Obama is asking for $80 mil- Aside from the issue of turning loose It also breaks one of the most impor- lion to close Guantanamo, with no jus- into the United States people who have tant promises that President Obama tification or indication of a plan. The trained in terrorist camps, the Amer- made during his campaign, and I agree House Appropriations Committee has ican people don’t want the Guanta- with this promise. What is it? If you already refused to provide the funding namo detainees to be transferred to the like what you have now in the way of because, in the words of the chairman United States and held in their back- health insurance, you can keep it. of the committee, the President has no yards, either, whether at a military Independent analysis has shown that plan in place on what to do about the base or in a Federal prison. That is a government-run insurance plan will detainees housed there. We are now easy to understand when one looks at drive up prices in the private market hearing reports that the Senate Appro- the details of the killers who are held and force employees and employers to priations Committee will be providing at Guantanamo. drop that coverage. So the President funding for Guantanamo and its Guantanamo is home to some of the does not get his plan or his promise version in the emergency war supple- world’s most dangerous terrorists. There are 27 members of al-Qaida’s during the campaign kept. mental, but that it will be ‘‘fenced off’’ This, of course, will make our emer- until the President provides a plan on leadership held there, along with 95 gency rooms more crowded than they disposition of the detainees held at lower level al-Qaida operatives, 9 mem- bers of the Taliban’s leadership, 92 for- are today. It will limit access to high- Guantanamo Bay. I believe any plan to eign fighters, and 12 Taliban fighters. quality care through rationing and close Guantanamo that includes bring- Americans don’t want these killers price fixing. It will increase waiting ing these terrorists into the United brought into the United States, but time for lab results and lifesaving and States is a mistake. We don’t want the President Obama’s January 22 of 2009 life-enhancing procedures. It will add killers who are held there to be Executive order reads, in relevant part, hundreds of billions of dollars of new brought into this country. that a review of all Guantanamo deten- Government spending. The administration is actively seek- tions: This is not the kind of change the ing to circumvent a Senate resolution American people are looking for. In- which passed by a vote of 94 to 3 in Shall identify and consider legal, July of 2007. That resolution stated the logistical, and security issues relating to the stead of creating a government-run potential transfer of individuals currently plan and making a bunch of promises detainees housed at Guantanamo Bay detained at Guantanamo to facilities within Congress cannot keep, let’s create should not be released into American the United States. stronger rules and regulations for the society and not transferred stateside In my view, President Obama is will- private insurance market. into facilities in American commu- fully ignoring the views of the Senate For instance, we should prohibit nities and neighborhoods. and its resolution passed, as I said ear- health plans from denying coverage to In fact, not only does the Obama ad- lier, by a bipartisan 94-to-3 votes. The people with preexisting conditions and ministration wish to hold open the pos- detainees housed at Guantanamo provide tax credits to people who can- sibility that some of these detainees should not be released into American not afford coverage. may be transferred to facilities in society, nor should they be transferred Instead of introducing a government- American communities, it is even con- to facilities in American communities run health insurance plan that would sidering freeing some of them into and neighborhoods. cost too much, limit choices, and lower American society. These are the 17 Chi- Since President Obama seems set on quality, let’s clean up the private mar- nese Uighurs whose combat status re- a course to bring these terrorists into ket. Instead of introducing a govern- view tribunal records were deemed in- the United States, I have worked with ment plan, let’s help President Obama sufficient to support the conclusion my colleague in the Senate, Senator keep his promise that if you like what that they are enemy combatants but INHOFE from Oklahoma, to introduce a you have in the way of health insur- cannot be returned to China because of bill that would prevent any taxpayer ance, you can keep it. fear that the Chinese Government will dollars from being used to transfer de- I yield the floor, and I suggest the ab- torture or kill them. At a press con- tainees held at Guantanamo to any fa- sence of a quorum. ference on March 26, ADM Dennis cility in the United States or con- The PRESIDING OFFICER (Mr. Blair, the Director of National Intel- struct, improve, modify, or otherwise UDALL of New Mexico.) The clerk will ligence, went so far as to say: enhance any facility in the United call the roll. If we are to release them [the Uighurs] in States for the purpose of housing any The legislative clerk proceeded to the United States, we need some sort of as- Guantanamo detainees. call the roll. sistance for them to start a new life. Transferring these terrorists held at Mr. THUNE. Mr. President, I ask However, the Uighur detainees are Guantanamo to facilities in or near unanimous consent that the order for not simply unfortunate souls who hap- American communities could make the quorum call be rescinded. pened to be scooped up on the battle- those communities terrorist targets. I The PRESIDING OFFICER. Is there fields of Afghanistan because they were had the opportunity to question ADM objection? in the wrong place at the wrong time. Dennis Blair, the Director of National Without objection, it is so ordered. They took firearms training at camps Intelligence, on the potential security Mr. THUNE. Mr. President, I ask run by the Eastern Turkistan Islamic threat of relocating the Guantanamo unanimous consent to speak in morn- Movement, which has been designated detainees to facilities in the United ing business. as a terrorist organization by the States during an Armed Services Com- The PRESIDING OFFICER. Is there United States. They were at Tora Bora mittee hearing on current and future objection? when we were heavily bombing that worldwide threats to the national secu- Without objection, it is so ordered. area and seeking to capture Osama bin rity of the United States. Admiral

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For too long, credit card compa- were on the side of hard-working men Transferring these detainees would nies simply were not content in report- and women. That is why we are work- also stress the civilian governments in ing record profit after record profit. ing on this comprehensive legislation the communities where these detainees They were not content making reason- protecting consumers from multibil- would be placed. These communities able money at reasonable rates. They lion dollar predators. would be faced with overwhelming de- wanted more, and they wanted interest Young people, who often are a prime mand from roadblocks to identification that was far above their cost for funds. target of these predators, will have checks, along with having increased se- They wanted fees and more fees and heightened protections with this bill. I curity personnel necessary to deal with more fees. Up against your credit card have spoken many times about the what is an obvious threat. The value of limit? No problem. Instead of really questionable practices of credit card homes and businesses would decline. being a limit, that ceiling served as a companies which inundate our college South Dakotans definitely don’t want license to charge additional fees. For campuses with their enticements and these detainees, and my support of the too long, the credit card companies their advertisements. With the esca- Guantanamo Detention Facility Safe convinced Washington to look the lating price of a college education, and Closure Act will help to ensure that other way. No more. our Nation’s financial problems, why these detainees will not be transferred While not all lenders that provide would credit card companies dole out to my home State of South Dakota or credit cards are engaging in the exorbi- credit to unemployed or under- other States in the United States. tant and unethical practices, a great employed students? Because they can, In conclusion, my view is that no number are, and that is why this bill is and because no one has been willing to Guantanamo detainee should be crucial. It protects not only the con- stand up to them, and no one—as this brought into the United States to be sumer, but it protects the credit card bill does—has been willing to stand up incarcerated, and certainly should not companies from themselves. Nickel- for those students. Now the Govern- be brought into the United States and and-diming doesn’t begin to describe ment is stepping in and will fairly reg- freed. Americans don’t want these kill- the billions of dollars out of which ulate what was too often the wild west ers brought into their communities and Americans have been cheated. of consumer lending. College students should have access neighborhoods, period. The Senate has The bill would protect consumers to credit cards. They should have the clearly spoken on that front by a 94-to- from random, at-will interest rate in- ability to take out consumer loans. 3 vote on a resolution that we adopted creases and account changes. It would This is an important way to develop in July of 2007 that detainees housed at banish unfair application of card pay- good credit practices and good credit Guantanamo Bay should not be re- ments, and it protects consumers who for those students. But universities leased into American society and not pay on time and follow the rules. It such as Ohio State—the Nation’s larg- transferred stateside to facilities in would curtail fees and penalties and en- est university—tell their students to American communities and neighbor- sure that cardholders are informed of avoid taking on large amounts of cred- hoods. the terms of their accounts. This bill it card debt. Even so, many credit card These detainees are hardened, would help protect young people from companies flood campuses with decep- trained terrorists who are very smart credit card predators. We all know, if tive advertising and hidden fees and and extremely dangerous, who under- we have ever had teenagers in the last penalties and unscrupulous practices. stand the strategic vulnerabilities of 15 years or so, that a huge number of No more. this country, and who are capable of solicitations keep coming at them. This bill shouldn’t even be necessary. exploiting any situation and any vul- This legislation puts the well-being of Credit card companies should be re- nerability to inflict death and destruc- millions of hard-working middle-class sponsible corporate citizens. Sadly, tion on the United States. These are families first. many have not been willing to play not common criminals locked up in I have heard some outrageous com- fairly. Last November signaled a shift State or Federal prisons. plaints from big, multinational banks from large corporate shareholders run- Guantanamo is secure. The facility is that claim this bill is unfair because to ning this country to middle-class fami- a $200 million, state-of-the-art prison. make the changes it requires would lies taking back the reins of govern- No one has ever escaped, and its loca- take years to implement. ment. This bill is one of the results of tion makes it extremely difficult to at- It is a pretty weak argument for the that change, with a new President and tack. Best of all, it is located hundreds big, sophisticated, multibillion dollar a different Congress actually putting of miles away from American commu- credit card companies, with armies of the Government on the side of the mid- nities. If President Obama wishes to information technology employees and dle class. close Guantanamo, he must do so in a lawyers. It certainly doesn’t take them a year to increase a fee or to figure out I am a cosponsor of the CARD Act, way that keeps America safe. and because of that, I look forward to In my view, America will be less safe how to implement a universal default policy or to work the mathematical its passage. if the Guantanamo detainees are I yield the floor, and I thank the Sen- brought into the United States. I will magic needed to implement retroactive ator from Arkansas, Mrs. LINCOLN. do everything I can to make certain pricing. The PRESIDING OFFICER. The Sen- For too long, the big credit card com- that does not happen. ator from Arkansas. I yield the floor and suggest the ab- panies didn’t step up and do the right Mrs. LINCOLN. Mr. President, what sence of a quorum. thing, so there should be no surprise is the pending business? The PRESIDING OFFICER. The that they must do so now. Millions of The PRESIDING OFFICER. The clerk will call the roll. Americans—their customers—were left question is on the Collins amendment. in the dark at the mercy of whatever The assistant legislative clerk pro- AMENDMENT NO. 1126 TO AMENDMENT NO. 1107 ceeded to call the roll. sleight of hand or shell game credit Mrs. LINCOLN. Mr. President, I call Mr. BROWN. Mr. President, I ask card companies could contemplate. If up a second-degree amendment to the unanimous consent that the order for there were a charge or policy imposed pending Collins amendment. the quorum call be rescinded. that consumers didn’t agree with or The PRESIDING OFFICER. The The PRESIDING OFFICER. Without understand, they were forced to dial a clerk will report. objection, it is so ordered. 1–800 number on the bill. If they were The bill clerk read as follows: Mr. BROWN. Mr. President, I thank lucky, they could talk to an actual per- The Senator from Arkansas [Mrs. LINCOLN] my friend from Arkansas, Senator LIN- son who worked from a crib sheet on proposes an amendment numbered 1126 to COLN, for her leadership on the credit different ways to say no. If they took it amendment No. 1107.

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 14, 2009 CONGRESSIONAL RECORD — SENATE S5475 Mrs. LINCOLN. Mr. President, I ask serve’s most recent data estimates that search of financing for construction unanimous consent that further read- the average American household now and improvement projects—are se- ing of my amendment be dispensed has about $2,200 in credit card debt verely hampered by the current limit, with. compared to an average of about $1,000 as are our Arkansas consumers, who The PRESIDING OFFICER. Without in 1992, and overall household debt has are facing a lack of credit availability, objection, it is so ordered. risen drastically, more than doubling as is everyone in this great country The amendment is as follows: in this last decade. during this economic crisis. (Purpose: To amend the Federal Deposit In- Confusing terms, constantly chang- Practically speaking, the current in- surance Act with respect to the extension ing interest rates, and high penalty terest rate limit—the top rate that is of certain limitations) fees have all contributed to this trend, legally allowable in Arkansas on all At the end of the amendment, add the fol- as many people struggle to effectively nonbank lending—is no higher than 51⁄2 lowing: manage their credit and their credit percent. Not surprisingly, this low rate SEC. 504. EXTENSION OF LIMITATIONS. card use and the debt they have. of interest has contributed to bond in- (a) IN GENERAL.—Section 44(f)(1) of the While it is the responsibility, obvi- Federal Deposit Insurance Act (12 U.S.C. vestors looking to other States across 1831u(f)(1)) is amended— ously, of consumers and borrowers to the country where their yields will be (1) in subparagraph (B), by striking the pe- manage their own financial affairs, it much higher, as well as credit ration- riod at the end and inserting ‘‘; and’’; is also absolutely essential that we en- ing by nonbank lenders that have been (2) by redesignating subparagraphs (A) and sure they have all the information they forced to restrict funds to consumers— (B) as clauses (i) and (ii), respectively; need, in an easily understandable form, particularly now, when capital is so (3) by striking ‘‘equal to not more than the so that they are able to make fully in- hard to come by anywhere else. greater of—’’ and inserting the following: formed decisions about their credit and The biggest frustration of all for peo- ‘‘equal to— the amount of debt they might be in- ‘‘(A) not more than the greater of—’’; and ple in my State is that the Federal (4) by adding at the end the following: curring and what it means to their Government has continued to make ‘‘(B) the State’s maximum lawful annual families; what the long-term implica- this problem worse and worse by low- percentage rate or 17 percent, to facilitate tions might be. It is also important ering the Federal rate. This was done the uniform implementation of federally that credit card companies provide sta- in an effort to improve the economy, mandated or federally established programs ble, easy to predict interest rates, and and we certainly understand that in and financings related thereto, including— reasonable penalty fees that do not Arkansas. The Fed took those meas- ‘‘(i) uniform accessibility of student loans, overly punish innocent mistakes that ures in order to try to improve the including the issuance of qualified student might be made. loan bonds as set forth in section 144(b) of economy overall. But since we are the This bill, on which Chairman DODD the Internal Revenue Code of 1986; only State that has that unusually low ‘‘(ii) the uniform accessibility of mortgage and Ranking Member SHELBY have rate that is tied to the Fed, we are ac- loans, including the issuance of qualified worked so tirelessly, has come together tually suffering tremendously from mortgage bonds and qualified veterans’ in a bipartisan way to improve con- what is occurring. As I said, we do ap- mortgage bonds as set forth in section 143 of sumer protections regarding excessive preciate the Federal Reserve’s actions such Code; fees, ever changing interest rates, and in these recent months to continue ‘‘(iii) the uniform accessibility of safe and complex contracts seemingly designed lowering the Federal discount rate affordable housing programs administered or to do one thing above all, and that is to where necessary to combat the eco- subject to review by the Department of keep people in debt. This bill will clean Housing and Urban Development, including— nomic crisis and stave off a further de- ‘‘(I) the issuance of exempt facility bonds up the fine print so consumers don’t cline in our financial markets, but the for qualified residential rental property as get blemished by their credit card com- lowering of that rate has only exacer- set forth in section 142(d) of such Code; panies. bated the economic challenges faced in ‘‘(II) the issuance of low income housing I am very pleased to be supporting our State, and in our State alone, for tax credits as set forth in section 42 of such the underlying bill, because ultimately that reason. Code, to facilitate the uniform accessibility I believe it will help restore fairness Additionally, many of the tools put of provisions of the American Recovery and and common sense in our Nation’s into place in the American Recovery Reinvestment Act of 2009; and credit card practices. and Reinvestment Act—the stimulus ‘‘(III) the issuance of bonds and obligations On that note, talking about fairness issued under that Act, to facilitate economic package that we offered earlier this development, higher education, and improve- and common sense, I wish to discuss year to jump-start our economy, such ments to infrastructure, and the issuance of the second-degree amendment to Sen- as the Recovery Zone bonds and the bonds and obligations issued under any pro- ator COLLINS’ amendment I have called Build America bonds—are not available vision of law to further the same; and up. This is an amendment I am offering in our State because of our lack of ‘‘(iv) to facilitate interstate commerce on behalf of the entire Arkansas dele- competitiveness in the bond market, generally, including consumer loans, in the gation—the entire delegation as well as due to those abnormally low interest case of any person or governmental entity our State officials, and others. This is rates that are tied to the Fed. As stat- (other than a depository institution subject a critical legislative proposal that will to subparagraph (A) and paragraph (2)).’’. ed in the recent Arkansas Democrat- (b) EFFECTIVE PERIOD.—The amendments provide temporary emergency relief for Gazette article on this issue: made by subsection (a) shall apply with re- an Arkansas-specific interest rate The bond market has responded to the spect to contracts consummated during the problem that is having a severe impact Build America program. Since its introduc- period beginning on the date of enactment of on Arkansas students, our consumers, tion, investors have purchased $8 billion in this Act and ending on December 31, 2010. our businesses, as well as our munici- offerings, providing the bulk of activity in Mrs. LINCOLN. Mr. President, I palities and our State government. We the taxable-bond sector. Arkansas is not in a begin by commending Chairman DODD are all, in Arkansas, affected by this position to take part. and the ranking member, Senator situation. This is an issue that impacts our SHELBY, for putting together such an Arkansas is the only State in the Na- State of Arkansas alone. We under- important package of reforms to pro- tion with an artificially low interest stand that, and Arkansas does intend tect our consumers all across this rate limit that is tied to the Federal to fix that problem. However, we can’t great Nation. Without a doubt, ramp- discount rate. Under current law, the do so immediately because this archaic ant credit card debt is a problem facing interest rate on special revenue bonds clause in the Arkansas law must be a great and growing number of Ameri- and nonbank consumer loans may not rectified through a statewide ballot cans. In my own home, my twin 12- exceed 5 percent above the Federal dis- initiative. Therefore, a proposal to per- year-old boys get preapproved credit count rate, which is currently set at manently modify this outdated law card requests weekly—at the age of 12. one-half percent. So we are completely will be voted on by the people of Ar- Looking at how we can do a better uncompetitive. Other bonds are capped kansas, but not until the next state- job of both financial literacy and help- even lower, at 2 percent above the Fed- wide ballot in 2010. Unfortunately, the ing people during this time of credit eral discount rate. As a result of this, economic challenges our Nation now crisis to be able to do a better job in Arkansas State and local governments, faces are magnified in our State and terms of responsibility, the Federal Re- our public universities and utilities—in immediate emergency intervention is

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5476 CONGRESSIONAL RECORD — SENATE May 14, 2009 essential; otherwise, our State’s recov- Mrs. LINCOLN. Mr. President, I ask There is nothing else quite like it. If ery will lag behind due to a lack of cap- unanimous consent the order for the we are going to ever adjudicate these ital in our State. quorum call be rescinded. individuals, bring them to trial, we There is precedent for Federal action The PRESIDING OFFICER. Without have to put them someplace. One of the on this issue, as the Congress enacted objection, it is so ordered. alternatives would be our court sys- an Arkansas-specific provision to ex- Mrs. LINCOLN. Mr. President, I ask tem. Obviously, that is not a good idea. clude Arkansas bank lenders from this unanimous consent to have Senator Most thinking people realize it is not a exact interest rate limit in 1999. The PRYOR added as a cosponsor to my sec- good idea because, the rules of evidence second-degree amendment we are offer- ond-degree amendment. being different from what they are in a ing today is even more limited in The PRESIDING OFFICER. Without normal criminal case, most likely we scope, allowing for a temporary relax- objection, it is so ordered. would not get convictions. What hap- ation of the current interest rate limit Mrs. LINCOLN. Mr. President, I sug- pens when you don’t get convictions? to a more reasonable level of no more gest the absence of a quorum. You turn people loose. If there is any- than 17 percent until the State ballot The PRESIDING OFFICER. The thing we don’t want, it is terrorists initiative is considered. clerk will call the roll. being turned loose. The politics of that This is temporary, it is an emergency The bill clerk proceeded to call the is such that people who want to close for Arkansas, and it is only in regard roll. Guantanamo Bay are backing away Mr. INHOFE. Mr. President, I ask to the State of Arkansas. This is mere- from that issue, but they are still talk- unanimous consent that the order for ly a temporary bridge to get us ing about closing it. the quorum call be rescinded. through this immediate crisis. We are I have had occasion to be down there The PRESIDING OFFICER. Without all part of this economic crisis in this several times. The last time I was objection, it is so ordered. there, I used a new technology that I great country, and we are working hard Mr. INHOFE. Mr. President, since together to pull ourselves out of this didn’t understand too well: YouTube. I there is some time, I ask unanimous did a program down there from Guan- ditch and to get the economy back on consent that I be acknowledged as in track. I would hate to think that my tanamo. I commented at that time: morning business for whatever time I Here we are with about six levels of se- State, and my State alone, was the shall consume. only one that could not access the curity for six levels of detainees. There The PRESIDING OFFICER. Without is no place else like it where we can do stimulus dollars to help our univer- objection, it is so ordered. sities, our airport authorities, our mu- something like this. GUANTANAMO BAY nicipalities, and others to access some In terms of how they are treated, I Mr. INHOFE. Mr. President, there of those dollars, to help create jobs in have had them say, with a translator, are several things toward the end of our State, and to put people who may that it is probably the best food they the week that I was wanting to elabo- have lost jobs back to work. We want have ever had in their lives. There is rate a little bit on. They are kind of to be sure we have the resources as one medical practitioner—in most unrelated subjects, but we do not get well in order to be a healthy part of re- cases, a doctor—for each two detainees. this opportunity very often. viving the economy in this great coun- Where else will you find that? There The whole idea of Guantanamo Bay try. are procedures that are offered to the is something that I know a lot of peo- detainees that they would never have This is a matter of great urgency for ple have talked about. I was very proud our State. This is a matter with broad offered anywhere else. For instance, at the inauguration when our new when they offered a colonoscopy, which consensus in our State. We have President, President Obama, gave a lot worked as an entire delegation and in a was described to the detainees in terms of statements that were, I thought, of what it entailed, they decided they bipartisan way. We have the State gov- logical, and, frankly, a speech that I ernment, our Governor, and others who didn’t want it. Nonetheless, these were could very well have made—not as elo- things that were offered in the way of have been working with us—just for quently as he but from a content per- Arkansas, because it is Arkansas spe- health care. spective. In the case of torture, there has cific—to figure out a way to provide He said, in relationship to the prob- never been a documented case of that temporary bridge, that temporary lem of Gitmo, or Guantanamo Bay, waterboarding or any severe torture assistance we need. Because if we wait that, yes, we want to close that. How- taking place there. I can remember the until that ballot initiative, the stim- ever, we first must figure out what we week after 9/11, when we had imme- ulus package will be over and we will are going to do with the detainees, rec- diately a few people in there. I went have missed that opportunity. So this ognizing that there are 245 detainees, down and found that our own troops is a matter we have been working on, recognizing further that there will be who were stationed down there were as I said, in a bipartisan way to try to more as there is an escalation in activ- not treated as well as the detainees. solve. ity in Afghanistan and that there is no Even if that were not true, there is We hope we can count on the support place else to put these people. no other place that we can put them. of our colleagues when this amendment I felt pretty satisfied at that time There has been a proposal that there comes up later on today or whenever that this great American resource we are some 17 detention installations in we vote on it. But I do plead with my have called Guantanamo Bay is some- the United States that would be suit- colleagues, this is an Arkansas-specific thing we need to keep. It is one of the able for these people. One of them hap- issue. It is one that is detrimental to few good deals the Government has. We pens to be Fort Sill, which happens to our State. We have an opportunity to have had it since 1903. It is a resource be in Oklahoma. I went to Fort Sill and help the people of Arkansas, the com- unlike anything else, not only in our talked to a young lady there who is a munities of Arkansas, the student loan holdings but anyplace in the world. It sergeant major. This is in Lawton, OK. authority, which can no longer issue is a place where we have actually built I talked to her about this. She said: new student loans because of that a courtroom that will handle tribunals, Senator, I have to ask you a question. bonding authority and the cap that ex- that will handle cases with rules of evi- Why is it that everyone is so concerned ists there. The problems that exist for dence that would fit tribunals as op- about closing Guantanamo Bay? This us are monumental, and we want to en- posed to our court system. I felt pretty facility here is not nearly as suitable sure that over the next 18 months we comfortable knowing there is nothing for detainees. too can be a part of reviving the econ- that can be done with the 245 detain- Then she went on to explain why this omy of this great country. ees. Many are very dangerous terror- separation of people and of classes of I thank the Chair, and I suggest the ists. security problems. She said: Besides absence of a quorum. Since that time, he has changed his that, I spent 2 years—this is Sergeant The PRESIDING OFFICER. The position. Now he is saying we will close Major Carter, stationed at Fort Sill— clerk will call the roll. it regardless. He has already closed the at Guantanamo Bay. That facility is The bill clerk proceeded to call the courtroom. This facility took 12 better than any Federal facility we roll. months to build. It cost $12 million. have.

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 14, 2009 CONGRESSIONAL RECORD — SENATE S5477 Why is it we are so bent, just because all this spending when we had a stim- and the Czech Republic to get them to of some ugly rumors that are not true ulus bill of $789 billion, increasing debt let us put a radar system in the Czech about treatment of detainees, on clos- by $1.8 trillion in the first year, and a Republic and interceptor capability in ing a resource we have had and we are $3.5 trillion budget? Where is the Poland so that when Iran gets the ca- still paying $4,000 a year for, as we money going to come from? pability of sending a nuclear missile have been ever since 1903? You don’t Here I am, the senior Senator from over to western Europe or the eastern get many bargains like that in govern- Oklahoma, and I can’t answer the ques- United States, we would have the abil- ment. Anyway, they seem to be con- tion. We do have choices. We can bor- ity to shoot it down? It didn’t happen. cerned about doing that. row. We can print it. It will have to be The Parliaments that had to be politi- I believe public pressure is going to a combination of the above. We know cally pretty strong to agree to do that. come around on our side and common all of the very damaging effects: $1 tril- Now they are sitting back and finding sense will prevail and we will not close lion in taxes on individuals and busi- out that they are talking about axing that resource. We will need it in the fu- nesses, a $634 billion downpayment for that program too. ture. We need it today. We have needed government-run health insurance. The airborne laser is the closest it in the past. It has served us well. There is another similarity. Remem- thing we have to knocking down a mis- As this moves along, I hope the pub- ber, in 1993 it was called Hillary health sile in the boost phase. We were coming lic knows there are several of us who care. The concept was the Government along with that program. They axed are going to make sure we do not do can run a health care system better that program too. anything that is going to allow some of than people can. I always invite people I am very concerned about what hap- these detainees to be floating around in who believe that to go spend some time pens and what has happened in this the continental United States. If we in some of the hospitals up north; the budget to our capability of defending are inclined to do this program where Mayo Clinic and some others come to ourselves. Then I go back to 1993. That we put them in some 17 installations, mind. See the number of people who is exactly what happened back then. If we will have 17 magnets for terrorism are there who came over from Canada we look at the 8 years of the Clinton in the United States. That is not going because they couldn’t get treatment. administration, we cut military spend- to happen. Maybe their age was right above the ing from what would be just a straight THE FIRST ONE HUNDRED DAYS federal guideline for a particular type line by $412 billion in that period. Of I also wish to talk about the striking of procedure, and they could no longer course, we ended up cutting our mili- similarities between what is happening do it. Again, the similarities are so tary by about 40 percent over that pe- today and what happened back in 1993. similar, 1993 and what is happening riod. The first 100 days of President today. Then, of course, we had the Wall The bottom line is, all these pro- Obama’s administration will be re- Street bailout and all of that. grams were cut. I happened to be in Af- membered for its unprecedented level I am very concerned about the direc- ghanistan when that happened. We did of new Federal spending—no question tion this administration has proposed a report from over there. We could see about that; no Democrat or Republican to take us. Anyone who works hard, the Bradleys driving by and the heli- can deny that—and the return to big plays by the rules, pays taxes, drives a copters taking off, the bad weather, government. This, together with his car, turns on the lights, saves, invests, soldiers coming back from patrols and advocacy of far-left, liberal causes—ev- donates to charity, or plans to be suc- turning on the tube and finding out erything from abortion rights, to gun cessful should also be concerned. President Obama is going to gut the control, to universal health care—will Defense cuts—I probably am more military. It is totally unacceptable. put him on a track to repeat the per- concerned about this than most Mem- But that is the same thing that hap- formance of 1993, when a very attrac- bers. I am the second ranking member pened in 1993. It is de´ja` vu all over tive, young Bill Clinton entered the of the Armed Services Committee. I again. Oval Office under the banner of change. have watched what is going on. To me, Gun control is the same. We see now After Americans realized that his so- it is deplorable. that they are going to try to get us to called change was simply an extremely I happened to be in Afghanistan when sign on to a treaty that is called leftwing position, the American people Secretary Gates came out with CIFTA, a treaty in the Western Hemi- revolted and put Republicans back in Obama’s defense cuts. They tried to sphere where we will all get together charge of Congress. If President Obama claim they are not defense cuts. They and we will allow Central America and continues down this path, I would not are. It is just that they are talking Mexico and South America and Canada be surprised to see that happen again about the DOD appropriations bill to determine what gun manufacturers in 2010. versus all the other funding sources can do. It is the first major step to gun Nothing is more indicative of the that have been used before. control, in violation of second amend- stark contrast between conservatives The best evidence that they are cuts ment rights. People care about that. It and liberals than the massive Govern- is what has happened to our platforms. is exactly what happened with Bill ment spending spree now underway in Right now, the F–22 is the only plat- Clinton in 1993. Washington. In his first year in office, form we have that is fifth-generation Energy taxes—back when Bill Clin- Bill Clinton put forward what was then maturity. This is something he is stop- ton was doing it, it was called the Btu the largest budget to date in our his- ping right now. We were originally sup- tax. That stands for British thermal tory. It was $1.5 trillion. It included do- posed to have 750 F–22s. Now we will unit. It was a massive tax increase on mestic spending of some $123 billion. stop at 187. At the same time, you have energy and very similar to what they Now in this 100th day of President China with its J–12, Russia with its SU are trying to do right now—which, in- Obama’s administration, the Senate is series, a fifth-generation airplane. cidentally, I have no doubt we will stop poised to vote on what would become That is going to put us in a position them from being able to do—the cap- the largest budget to date. This budget, where it will hurt and hurt bad. and-trade tax. One thing about the cap- which highlights his priorities, is the The same thing is true with the Fu- and-trade tax, that is something that most radical and partisan budget we ture Combat Systems. We have been is not just a one-shot deal like the have ever seen. It includes $4.4 trillion working on that for 8 years now since stimulus bill. That is every year. It in additional deficits and $3.5 trillion Shinseki helped to start it. It is the would be somewhere around $350 billion in total spending. Let’s compare that first transition in ground capability in a year in taxes on the American people, to 1993. I was down on the floor com- at least 50 years. This is something we a regressive tax because it is a tax on plaining about a $1.5 trillion budget. have been working on so that we don’t energy. People with lower incomes This is a $3.5 trillion budget. send our kids into battle against coun- spend a larger percentage of their ex- When I go back to Oklahoma, some- tries that might have a better artillery pendable income on that kind of energy times I come to the conclusion that piece and better equipment than we. He than rich people do. there aren’t any normal people in axed that program. We are not going to let that happen. Washington, because they ask the How long has it been since we started I tell all my friends, we have been question: Senator, how can we afford working with the Parliament of Poland fighting that battle now for 8 years,

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5478 CONGRESSIONAL RECORD — SENATE May 14, 2009 and it is over. We are not going to let and it takes 60 votes. But, nonetheless, all this? That source is the U.N.’s that happen in America. But that is since they cannot do it, they decided to Intergovernmental Panel on Climate what Bill Clinton tried to do in 1993. It do it under the Clean Air Act and do it Change. This is where it all started. It is the same thing all over again. through regulation so it could be done was the United Nations that started We went through the same thing on from the White House. This so-called this whole issue of greenhouse gases, of abortion. I think personally there is no endangerment finding sets the clock CO2, anthropogenic gases, and methane mission more important than standing ticking on a vast array of regulations causing global warming. When you up for the sanctity of human life. Here and taxes, with little or no political de- look at their ‘‘Fourth Assessment Re- again, President Obama, like President bate or congressional control. port’’, which, as I have documented be- Clinton, quickly moved to appease pro- On May 12, we learned of a White fore many times in speeches on this abortion advocates. House document. This is significant. Senate floor, is a political and not a Just a few days ago, the Senate con- We did not know it was there. I want to science-based body, it has no account- firmed Kathleen Sebelius for Secretary credit our committee, the Environment ability here in the United States. of Health and Human Services. As Gov- and Public Works Committee—the mi- You keep hearing people say: What ernor of Kansas since 2002, she has a nority side—for finding this document. about the NAS, the National Academy clear record of supporting abortion and It is a White House document marked of Sciences? What about them? They policies that I believe impact the ‘‘privileged and confidential.’’ It was are scientists. health and safety of women and paren- buried deep within the docket of the The reports they give are not from tal rights. Again, it is abortion. Either proposed rule. It outlines some of the the NAS, they are from the political you are for it or against it. But this is very same concerns shared by me and review or the summary for policy- one of the strong pro-abortion posi- many of my colleagues, including Sen- makers, which is a political document, tions in 1993 that now we are getting ator BARRASSO. I could not be here for not another document. again out of this administration. that Tuesday morning meeting, and he In addition, this White House memo So when you look at this, I cannot was good enough to take this memo also warns of a cascade of unintended help but think that all the signs are and expose it and did an excellent job regulatory consequences if the there, that we are seeing the same of it. endangerment finding is finalized. It thing now that we saw back in 1993. I Keep in mind, we are talking about states—and again, I am quoting from believe we are going to be positioned to their proposal for new taxes, new regu- this report: keep a lot of these things from hap- lations—all these things they want to pening, No. 1, and No. 2, let’s remember Making the decision to regulate CO2 under go through with because they cannot the Clean Air Act— what happened in 1993. Young, attrac- legislatively pass a cap-and-trade—or That is what they want to do, regu- tive Bill Clinton went in as President cap-and-tax, as some call it—proposal. of the United States, and he had the The document we found—allegedly a late CO2 under the Clean Air Act— House and he had the Senate, and he compilation of concerns from unnamed for the first time is likely to have serious had it all just as President Obama has officials within the White House, or the economic consequences for regulated entities it all. He has the House and the Senate. throughout the U.S. economy, including administration, as part of an inter- small business and small communities. Therefore, it is not someone else’s fault agency review of the proposed regula- for all these programs. Consequently, tion—raises some questions, very seri- This report talks about the small we had a major turnover in the 1994 ous criticisms of the endangerment businesses, the small communities, election. Republicans took over the proposal. Chief among them are ques- churches, other groups that are going House and the Senate. So I just warn tions raised about the link between the to be adversely affected by this. Again, my liberal friends from the other side EPA’s scientific argument for this is a document that came out of the of the aisle, be real careful. Watch endangerment and its political sum- White House. what you are doing because it could mary. Now, for one thing, I am glad to very well happen again. I am going to quote from it. I have know we are not alone with our con- EPA’S ENDANGERMENT FINDING three quotes. Keep in mind, this came cerns and that several in the Obama Mr. President, I do have something from the administration. This report administration share views similar to that is a little heavier lifting subject. I says: ours on the endangerment finding. I am am the ranking member of the Envi- The finding rests heavily on the pre- hopeful more will come forward. ronment and Public Works Committee. cautionary principle, but the amount of ac- So what was the administration’s of- When the Republicans were in the ma- knowledged lack of understanding about ficial response to the release of this jority, I was chairman of it. basic facts surrounding greenhouse gases memo? Well, it depended on whom you Something is happening right now, seems to stretch the precautionary principle asked. One source in the Obama admin- and something happened Tuesday to providing for regulation in the face of un- istration chose to again blame it on morning. I want to make sure every- precedented uncertainty. the Bush administration, stating it was body understands, as this week is com- In other words, what they are saying written by a holdover appointed by ing to an end, that on April 17, the ad- there is that the science is not there; George W. Bush. However, earlier in ministration set in motion a ticking we do not know yet; we know there are the day, Peter Orszag, who heads the timebomb with its release of a pro- a lot of problems with this, and we White House budget office, where the posed endangerment finding for carbon should not be rushing into it. This memo apparently came from, stated dioxide and five other greenhouse came from the White House. I am glad that the quotations circulating in the gases. This proposal finds—this, inci- we found it. press are from a document in which the dentally, is what all the scientists do Here is a further quote. Additionally, OMB simply ‘‘collated and collected not agree with—this proposal finds it says: disparate comments from various agen- that carbon dioxide is a dangerous pol- There is a concern that EPA is making a cies during the interagency review lutant that threatens the public health finding based on ‘‘harm’’ from substances process of the proposed finding. These that have no demonstrated direct health ef- collected comments were not nec- and welfare and therefore must be reg- fects, such as respiratory or toxic effects, ulated under the Clean Air Act. and that available scientific data that pur- essarily internally consistent, since This is interesting because they first ports to conclusively establish the nature they came from multiple sources, and tried to pass cap and trade. They know and the extent of the adverse public health they do not necessarily represent the there are not the votes for it. There are and welfare effects are almost exclusively views of either OMB or the Administra- in the House. Speaker PELOSI pretty from non-EPA sources. tion.’’ Well, it is fine to say this, but much gets anything she wants through. Again, this is not me talking, this is that is where it came from. It came It is a simple majority vote over there. a quote from the White House in a bur- from the administration. It is very for- Over here, it would take 60 votes to ied document we fortunately—but sur- tunate we found it. pass that massive tax increase, and we prisingly—did find. It begs the question: Does this docu- are not going to do it because they do You can ask: What source is the EPA ment reflect one rogue leftover Bush not have more than 34, maybe 35 votes, relying on if it is going to go through appointee, who, based on followup news

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 14, 2009 CONGRESSIONAL RECORD — SENATE S5479 reports, actually appears to be a Demo- points of view, but also that EPA offices re- Act or pick another bad option—cap crat or does it reflect a more system- sponsible for decisions take affirmative steps and trade—that commits us to require- atic summary of comments from var- to solicit the views of those who will be af- ments for unaffordable technology and ious agencies that have serious con- fected by these decisions. would certainly be the largest con- cerns with the proposed finding, as She went on to say at her confirma- sistent annual tax increase in the his- Orszag suggested? I am hoping someone tion hearing—not only did she reaffirm tory of America. This isn’t going to from the administration will come this statement, but she said she would happen. forth with a consistent response. be responsive to us on the minority I would repeat we are fortunate in In either case, I welcome the com- side, the same as she would be to the that we have had this debate, and each ments as an open and honest discussion majority, and I believe that. time we have the debate, there are of the potential costs, benefits, and Certainly, the allegations in this more and more people who come down legal justifications for such a finding. White House memo make one question and say: Well, I didn’t know it was Regardless of the Supreme Court de- whether the EPA is open and accessible going to cost that much money. Back cision, the EPA has the discretion to to all points of view. For one thing, it in the original Kyoto days, it appeared carefully weight the science and the was marked ‘‘privileged and confiden- that a majority of the people, in fact, causes and effects in its determination tial,’’ which tells me that perhaps they in the Senate would support that type of endangerment, and, despite recent knew about it, but then they did not of an approach. claims by administration officials, it is want to use it and they did not want By the way, I have to say this: The under no court order to find in the af- people to find out about it. Nonethe- Kyoto treaty was one thing. That is a firmative that such greenhouse gases less, the document speaks for itself. treaty that affects the whole world, a endanger public health or welfare or My colleagues may criticize the Bush lot of developed nations and some un- cause or contribute to air pollution. administration for how it handled the developed nations. It was something If we are going to have a debate on endangerment finding, but at least you signed onto and everyone signs this issue, let’s have it here in Con- they did not try to bury or hide these onto and everyone agrees to. Since gress, where the American people de- types of comments when it proposed its that didn’t happen—and even if you are serve an open and honest discussion advance notice of proposed rulemaking one of those individuals who believes about the costs and alleged benefits, last summer. I know a lot of this that anthropogenic gases, CO2, and about the effectiveness of such policies sounds a little confusing. This is a methane are causing global warming— and what it will mean to the con- process you go through, an advance no- if you believe it, which isn’t true, but sumers who ultimately pay the bill. As tice of proposed rulemaking. In fact, if you did believe it—then does it make I said before, it is going to be the poor- the previous administration; that is, sense for us to pass something unilat- er Americans who pay the larger per- the Bush administration, went so far as erally in the Senate, making us less centage of their incomes who are going to lay all of these comments out in competitive than the rest of the world? to be punished. public view so all sides could be rep- What is going to happen to our manu- By the way, we had the debate here. resented. If this latest action is any in- facturing base? What is left of it is In the House, they have never had the dication of how the EPA has begun to going to end up in places such as debate because it has never come up as operate, then the American public China, India, and Mexico, where they an issue. Here we had the debate during should have serious reason to be con- don’t have these emission require- the ratification debate on the Kyoto cerned. ments. What is going to happen then? treaty. And we had the McCain- On this CO endangerment issue—po- 2 There will be a net increase in CO2. Lieberman bill, the Warner-Lieberman tentially the largest and most sweep- Back to the memo, and I will con- bill, the Boxer—there is another bill ing regulatory effort ever to be pro- clude with this. I have to repeat what that came up just in the last year. So posed—transparency should be a cor- the memo says. This was a memo that we have had the debate, a full and open nerstone of every agency action. Opin- was advice to the process from the debate, and we are going to have to de- ions from all sides, pro and con—and White House. bate this issue because there is an ef- certainly from all other agencies— The finding rests heavily on the pre- fort to try to do through regulation should be weighed equally and fairly cautionary principle, but the amount of ac- what they cannot do through open de- and, just as important, openly, in full knowledged lack of understanding about bate in the process on the floor. view of the American people. The basic facts surrounding greenhouse gases The administration, and this EPA in American people deserve to know all would seem to stretch the precautionary particular, has claimed they will usher sides, all costs, and all benefits. This principle to providing for regulation in the in a new era of transparency. In April, thing is so costly, and with the ques- face of unprecedented uncertainty. Administrator Jackson issued a sweep- tionable benefits, this is that much In other words, it is uncertain. ing memo to all EPA employees com- more important. Further, it states: mitting the agency to an unprece- Because of these issues, I am hopeful There is a concern that EPA is making a dented level of transparency. I applaud the Administrator will commit to a de- finding based on harm from substances that her for it. She told me this in my of- termination on endangerment that have no demonstrated direct health effects fice. We also found that she made this such as respiratory or toxic effects, and that would be based on the record of the sci- available scientific data that purports to statement in a private memo to Mem- entific data and empirical evidence conclusively establish the nature and extent bers. So she is being very honest in rather than political or other nonsci- of the adverse public health and welfare ef- what her effort is. I have a feeling a lot entific considerations. It is of the ut- fects are almost exclusively from non-EPA of this stuff is happening, and she is most importance that regulatory mat- sources. not even aware of it. ters of this scope and magnitude be That is an admission. She says—and this is a quote; this is based on the most objective, balanced Finally: beautiful: scientific and empirical data. Making the decision— The success of our environmental efforts While I am still hopeful that ulti- depends on earning and maintaining the Which I hope we will not make the mately Congress or the agency will de- decision to do, but we will oppose that trust of the public we serve. The American cide to take this option off the table, a people will not trust us to protect their decision— full on-the-record examination during health or their environment if they do not to regulate CO2 under the Clean Air Act for trust us to be transparent and inclusive in any endangerment rulemaking should the first time is likely to have serious eco- our decision-making. To earn this trust, we be a minimum requirement of trans- nomic consequences for regulated entities must conduct business with the public open- parency. throughout the United States economy, in- ly and fairly. But the administration has essen- cluding small businesses and small commu- Again, this is Lisa Jackson, the new tially politicized the issue by pre- nities. Administrator of the EPA. I applaud senting policymakers with a false In other words, nobody wins. Nobody her for saying this. choice. The choice is to use an out- wins. This requires not only that EPA remain dated, ill-equipped, and economically So with that, I would say there is open and accessible to those representing all disastrous option under the Clean Air this effort that what they cannot do

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5480 CONGRESSIONAL RECORD — SENATE May 14, 2009 legislatively they want to do through to your liking. It is about time to be surely giving your gift card back to the regulations, and we are not going to responsible. I understand the banking bank piece by piece by piece. allow that to happen. industry is in tough times, and we all Consumers usually pay a high fee With that, I yield the floor. hope they will recover, but to recover when you buy the card, sometimes as The PRESIDING OFFICER. The Sen- by taking advantage of consumers is much as 20 percent of the value. Well, ator from New York. unfair, unwise, wrong, and we aim to on top of that, the recipient of the Mr. SCHUMER. Mr. President, I stop it with this legislation. cards faces other charges such as thank my colleague from Oklahoma for The provision I wish to address spe- monthly maintenance fees, dormancy yielding. There are two issues I wish to cifically is one that I worked on with fees or even a separate fee for each address. The first will be this bill, in the Presiding Officer. We are both time the card is used. That is not fair. particular, the gift card title in the sponsors. The Senator from Colorado It is not fair when you get a gift card, Credit Card Act. Secondly, I wish to has done great work on this legisla- say, at Christmastime and you say: I speak a little bit about the NTSB hear- tion, and I wish to thank him for his will save it until June to buy some- ings on flight 3407 which, as my col- assistance as we move it forward. I also thing I can use in the summer, and you leagues know, crashed outside Buffalo wish to thank, on this particular issue, go to the store and the gift card and Clarence with a tragic result. both Senator DODD and Senator SHEL- doesn’t have the whole value on the First, before I get into the substance BY, who walked the extra mile. I think card. That is not right. It is not fair. on gift cards, I wish to commend Sen- it shows that if you work hard at legis- Frankly, it is not what the giver signed ator DODD, Senator SHELBY, and all the lating, and you are willing to com- up for when he or she bought that card members of the Banking Committee promise, it pays off. The original bill and gave it to you in a gesture of for doing an excellent job on this bill. the Presiding Officer and I put in was friendship or love. The bottom line is we need good, tougher than the proposal here, but the For years, issuers of these cards have strong, tough regulation on credit proposal here is good and strong. It used fees to make hefty profits, largely cards. The days when disclosure was makes a huge difference between what on the backs of consumers, but with enough are over. I happened to believe exists now—which is virtually noth- this legislation we are going to ensure that once and worked hard for disclo- ing—and what will become law, and it that recipients are protected and can sure measures. There is something is something I think everyone can be use their cards free of these duplicitous called the ‘‘Schumer box’’ that is on all proud of. fees for a reasonable period of time. credit card solicitations applications I also wish to thank those in the con- First, the bill ensures that no fee can because it puts in large letters the in- sumer industry. As do I, as well as the be charged unless there is no activity terest rates. Back in the old days, that Presiding Officer, they wanted a on the card for 12 consecutive months worked. Every credit card, even though stronger bill, but they understood that from the date on which the last charge interest rates were 6, 7, 8 percent, was when you legislate, you can’t let the is imposed. Let me explain. If you pur- at 19.8 percent, but you couldn’t find perfect be the enemy of the good. Get- chased the card the week before Christ- that out. So when people signed up for ting something strong is better than mas and give it to your child, parent, a credit card, they had no idea what in- getting nothing, even if you would spouse on Christmas Day, for a whole terest rate they were paying. Once the have preferred something stronger. year, until next Christmas, that card box got on the solicitations, on the ap- Well, we are all familiar with gift doesn’t decline in value one penny. plications, interest rates came down. cards. In many ways, they are the per- That is a very good thing and very Good old-fashioned American competi- fect present. You get the opportunity much needed. During that year, if you tion began to work. to choose whatever you want the most. use the card once but don’t use the But in recent years—maybe they just When you get a gift card, it is great. whole value—let’s say it is a $50 card got smarter or maybe they got more You can think of 15 different things and you buy something for $22—the 12- desperate for profits—credit card com- you want and decide which one you month period starts again so you have panies have found a way around disclo- want to buy. You can go to the store, plenty of time to use the card. sure. A person believes they are signing pick out what you want, and get it Second, the bill will require the Fed- up for one rate, but then in the fine without spending a dime of your own eral Reserve to determine a fair print, basically, if you wake up out of money. amount for the fees and set a minimum bed, the rate goes higher—much high- We have all opened that gift from balance above which fees can’t be er. We have gotten letters and heard Aunt Edna and wished she had spent charged. So the issuers aren’t charging stories from people who were on a 7- the money on a gift card instead of people exorbitant rates to use their percent fixed rate and it went up to 23 that sweater you are never going to cards and aren’t taking up the entire percent overnight. wear. I, for one, am not very good at value of the cards with these fees. If, If it is on a future balance, that is picking out gifts. So gift cards are a for instance, the gift card is for $50 and fine. You can get another credit card. boon to me, not only as a recipient but they charge you $5 a month, within 10 But it isn’t. These rates go up on exist- as somebody who gives gifts because I months, the gift card is useless. It is ing balances. Let’s say you have a can buy the gift card, and I can breathe my view the fee will not be more than $4,000 balance, which is the average for a sigh of relief that my family member $1 or $1.50 when the regulator sets it, American families with credit cards. or friend will have something they and it will give the gift card a much Calculate it. You go from 7 percent a want instead of something I have cho- longer life. Of course, we are leaving it month on $4,000 to 23 percent on $4,000, sen that they might not want at all, up to the Federal Reserve. and that is a difference of hundreds of which often happens when I choose We are also letting them set a min- dollars a month. These days, with the gifts. I guess I am a little like Aunt imum balance. My guess is it will be economy the way it is, with families Edna. $15 or so, above which the fee doesn’t struggling to make ends meet, a couple Gift cards are a very good thing, and bite in, so the gift card will last a lot hundred dollars a month is the dif- we don’t want to snuff them out or longer. ference between being able to survive limit their extent. Fourth, the bill ensures that gift and perhaps going bankrupt; being able But what most people do not realize cards have expiration dates of at least to survive and not being able to pro- is that these gift cards often come with 5 years from the time they are issued. vide some of the basic necessities. hidden fees and short expiration dates. It is simply unfair to cancel the gift to- The legislation before us stops all After a period of time that can be as tally after 6 months or even a year. So those practices. The frustration, I must short as 6 months, the issuer begins now the gift card stays in existence for say, on both sides of the aisle, with the charging value off the cards, reducing 5 years. practices of the credit card industry is their value and depriving recipients of I believe this legislation makes gift mounting. I would say to those in the their gifts. That means if your mom or cards fairer, better, and even happier credit card industry: Unless you get aunt or friend did their holiday shop- gifts to give during the holiday season, your act together, there may be other ping early, by the time April or May for birthdays or an anniversary. I en- amendments and bills you will not find rolled around, you could be slowly but courage people to use the gift card.

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 14, 2009 CONGRESSIONAL RECORD — SENATE S5481 One other point I think is very im- suggestions into what may have caused light was shed on the fact that the portant. This legislation, for the first the crash of the Bombardier Dash 8 NTSB and the FAA have differing rec- time, will make sure that so-called Q400 airplane. ommendations as to how a pilot should open loop cards—the kind which can be First, I am troubled by the reports handle an icing situation, and that the used anywhere and that you get as a that the Colgan pilots of the Dash 8 NTSB first asked the FAA to adopt the holiday present—will be regulated at were not adequately trained in the op- NTSB’s recommendations 12 years all. There has been no regulation be- eration of the ‘‘stick-pusher’’—the in- ago—to no avail. fore. Consumers Union, U.S. PIRG, the strument installed in aircraft like the For this reason, I, along with my col- National Consumer Law Center, and Dash 8 that prevents an aircraft from leagues Senator ROCKEFELLER and Sen- the Consumer Federation of America stalling. The stick-pusher is not dem- ator DORGAN, called for an official GAO all support the actions we are taking onstrated in pilot flight training sim- investigation into what specific roles on this issue. We have heard from one ulators, and experts believe that the pi- the NTSB and the FAA should be play- of the biggest gift card issuers that lots are missing out on important ing in aircraft icing prevention, and they, too, are comfortable with this hands-on training. why such a lag exists between the time bill because we are making common- Suffice it to say that when the flight the NTSB makes a recommendation sense changes to this business to en- flew over Clarence, just before it and the FAA formally adopts it. It sure that consumers can get a fair deal crashed, the pilots may not have been seems to me—these are just my obser- and that issuers can continue to offer adequately trained to deal with what vations—that the NTSB does put safe- these valuable products. The bottom was happening. ty first, and I sometimes wonder if the Colgan maintains that the FAA does line: You get a gift card, you know it is FAA is always doing that. going to have its full value for at least not require this kind of simulator The GAO has informed us that they a year, with no expiration date, no training. Today, I have written to Sec- are in the process of forming an inves- monthly fee that takes a chunk off the retary Ray LaHood and asked that he tigatory team for our request and will gift card. It means what you are giving reevaluate FAA’s approval of airline begin to pursue answers soon. the recipient is getting, nothing less. training curricula. At the end of the day, the reason this We have also learned that the pilots In conclusion, I cannot say enough bill has been so important to me and to of flight 3407 were not properly rested how humbled I am by the work of all of the Senator from Colorado, who before their flights. It is obvious why. flight 3407’s family members. It is a worked so hard on it with me and oth- The young copilot of the flight lived in tribute to their loved ones’ lives that ers, is we want to protect consumers a suburb of Seattle, and her salary was they are in Washington to advocate for who purchase these products as gifts $16,000 a year. She flew across country, aviation safety. I assured them, as we for their friends and loved ones. Con- tired, sleeping in an empty pilot seat, talked and prayed together, that I sumers who purchase or receive a $50 if she could—no stop, no rest, and then would do everything I could to make gift card should get $50 in value with- boarded the flight to Newark that she sure we get to the bottom of what hap- out having to pay excessive fees. was copilot of on its way to Buffalo. It pened on flight 3407, and then take CONTINENTAL CONNECTION FLIGHT 3407 seems that it may be—I hope not, but whatever corrective action needs to be Mr. President, I want to speak a lit- it seems like it—that some commuter taken to prevent future flights such as tle bit about the conclusion of the airlines both underpay and overwork 3407 from crashing. NTSB hearings that occurred this week their pilots to save costs. There is an I yield the floor. unfortunate possibility that they could in reference to Continental Connection The PRESIDING OFFICER. The Sen- put safety second, with cost cutting Flight 3407. ator from Arizona is recognized. We all know what happened on that first. That just cannot be. That has to flight. On February 12, 2009, the lives of change. AUNG SAN SUU KYI family members, many of whom live in The second thing I am doing is urg- Mr. MCCAIN. Mr. President, I briefly western New York, changed in a tragic ing the FAA not only to look at the rise on the floor today to discuss the and dramatic way when they lost their number of hours that a pilot can fly— latest outrage in the long-suffering loved ones on a Buffalo-bound flight they have regulations for that—but the country of Burma. I speak of the im- from Newark Airport. conditions which a pilot who begins a prisonment of Nobel Peace Prize lau- I met with some of these family flight has endured previous to the reate Aung San Suu Kyi. members on Tuesday—nine family flight, so that they are alert and rested Aung San Suu Kyi is the leader of members who lost loved ones on that as their tenure for that day or that few Burma’s National League for Democ- flight. First, I have to express my re- days begins. racy, the party that won the country’s spect and admiration for these family The airline industry is evolving. 1990 elections decisively—elections members. It was a little less than 3 What we are seeing is more and more that were quickly nullified by the Bur- months ago that they lost a husband, a smaller commuter airlines, and the mese military. She has been impris- wife, a child, a parent, or a fiance, and FAA is not keeping up. The FAA needs oned by the thuggish military junta there is a huge hole in their hearts. Yet to crack down on issues of pilot rest, that runs that country. Ms. Suu Kyi they were down in Washington making compensation, and training, especially has spent the majority of the past two sure that a thorough investigation was with these young airlines that seem to decades under house arrest. Now the done to determine why flight 3407 be prioritizing issues of saving money. Government has moved this remark- crashed, and then to continue working They should be making priority No. 1 able woman to Insein Prison compound to see that corrective measures were the issue of safety. and charged her with violating the taken on all other flights, so that what For the last 8 years, the FAA has had terms of her house arrest, which was il- befell their loved ones would not hap- ineffective leadership with one goal: to legal to start with. She faces a poten- pen to others. It was an act of bravery, cut costs. The head of the FAA—I met tial sentence of 5 years in jail. Two courage, strength, fortitude, gen- her and had arguments with her— other NLD members face similar erosity, and compassion. The people in seemed to take direction almost all the charges. that room—and we had some heartfelt time from the OMB. All of us believe moments together—were saintly. They we should cut costs in this Govern- While reports remain somewhat were trying to light a candle amidst ment—I certainly do—but not when it opaque, these charges appear to stem the darkness that enveloped their lives. comes to safety. I believe that the from the uninvited visit of a United I felt for them when we met, as I feel FAA, which requires the small com- States individual who entered Ms. Suu for them today. muter airlines to observe the same reg- Kyi’s home compound after swimming The crash of flight 3407 in Clarence, ulations as the larger airlines, hasn’t across a nearby lake. He then report- NY, claimed 50 lives and serves as a kept up enforcing the rules with so edly stayed on her compound for 2 tragic reminder that our Nation’s avia- many of the commuter airlines out days, despite requests to leave. Based tion industry is not immune to tragic there. on this occurrence, the regime appears incidents. The crash investigation also initially now to allege that Ms. Suu Kyi has The 3-day-long hearings at NTSB suggested that icing conditions may broken the law by not requesting per- have revealed some very disturbing have affected the aircraft. A bright mission in advance to have a visitor.

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5482 CONGRESSIONAL RECORD — SENATE May 14, 2009 As a penalty, then, for an uninvited There being no objection, the mate- call on the United Nations Secretary Gen- person showing up on her doorstep— rial was ordered to be printed in the eral, as well as ASEAN and key regional while she remained imprisoned inside— RECORD, as follows: countries to take urgent and firm measures to ensure the immediate and unconditional the Burmese regime proposes to sen- DECLARATION OF THE PRESIDENCY ON BEHALF release of Daw Aung San Suu Kyi and Dr. tence her for up to 5 years in jail. OF THE EUROPEAN UNION ON DAW AUNG SAN Tin Myo Win. All of this represents, of course, the SUU KYI ‘‘The continual detention and mistreat- latest pretext dreamt up by the Bur- The European Union expresses its strong ment of Daw Aung San Suu Kyi and the mese junta in order to prevent the le- concern following reports on the health of other 2100 political prisoners in Burma gitimately elected leader of the coun- Daw Aung San Suu Kyi, leader of the Na- stands against international and regional try from interfering in its plans for tional League of Democracy and Nobel Peace laws and principles, and there should be no dominance. The generals who run the Prize laureate, and on the recent detention hesitation by the international community of her physician, Dr Tin Myo Win. to guarantee their direct release,’’ said Thin country are planning ‘‘elections’’ to be The EU calls on the authorities of Burma/ held next year, and which they believe Thin Aung, Presidium Board member of Myanmar to guarantee for Ms Suu Kyi im- Women’s League of Burma. will legitimize their illegitimate rule. mediate and proper medical care, as well as They seek ways to ensure that Ms. Suu access for her personal attorney. It further- INTERNATIONAL FEDERATION Kyi and other NLD members are not more recalls that her house arrest, which has FOR HUMAN RIGHTS, free to participate in these elections, been imposed in clear breach of inter- Paris, May 14, 2009. since it is the NLD—and not the mili- national norms, will expire this month, and His Excellency BAN KI MOON, tary junta—that has the support of the therefore again urgently calls for her uncon- Secretary General of the United Nations, United ditional release. Burmese people. As political prisoners, Nations Secretariat, New York, NY. On the sad occasion of the anniversary of DEAR SECRETARY GENERAL: The Inter- including Aung San Suu Kyi, fill Bur- Ms Suu Kyi’s detention, the EU urges the au- national Federation for Human Rights is ad- mese jails, the international commu- thorities to halt systematic torture and de- dressing to you in order to request your ur- nity should see this process for the nial of health care to prisoners and to re- gent intervention in Burma/Myanmar in sham it represents. lease all political prisoners. favor of the Nobel Prize for Peace and leader I once had the great honor of meeting ‘‘The regime’s fear of the widespread popu- of the National League for Democracy, Daw Aung San Suu Kyi. She is a woman of larity of Daw Aung San Suu Kyi remains, Aung San Suu Kyi. astonishing courage and incredible re- and they hope to keep her silent and hidden FIDH has already expressed its deep con- before the 2010 elections. There is widespread cern regarding the health of Daw Suu Kyi, solve. Her determination in the face of anger in Burma over the sham constitution tyranny inspires me and every indi- following information that her situation had the election is based on, and the only way to worsened in the past few days. Ms. Suu Kyi’s vidual who holds democracy dear. Her bring peace and stability to our country is blood pressure was reportedly low, she was resilience in the face of untold by genuinely involving Daw Aung San Suu suffering from dehydration and had stopped sufferings, her courage at the hands of Kyi in the process of national reconciliation. eating. In addition, her medical doctor, the a cruel junta, and her composure de- Otherwise, the results could be disastrous’’, physician Tin Myo was arrested on May 7th, spite years of oppression inspire the said Mahkaw Khun Sa, General Secretary of following his visit to Ms. Suu Kyi and is still world. Ethnic Nationalities Council. under detention. Because she stands for freedom, this Daw Aung San Suu Kyi remains the Unfortunately and despite the fragile state heroic woman has endured attacks, ar- world’s only imprisoned Nobel Peace Prize of health of the Nobel Peace Prize, FIDH was recipient. rests, captivity, and untold sufferings informed that Daw Aung San Suu Kyi has at the hands of the regime. Burma’s been transferred to Insein prison in Yangoon, INTERNATIONAL COMMUNITY MUST ENSURE RE- and appeared today before a special court, in rulers fear Aung San Suu Kyi because LEASE OF DAW AUNG SAN SUU KYI AND HER order to hear the charges against her, her of what she represents: peace, freedom, DOCTOR two live-in party members Daw Khin Khin and justice for all Burmese people. The Seven leading alliances, representing all Win and her daughter Win Ma Ma and an thugs who run Burma have tried to sti- major ethnic and political forces of Burma’s American man, John William Yettaw. They fle her voice, but they will never extin- democracy movement, today express deep are all charged under section 22 of the State guish her moral courage. concern for the security and health of Daw Protection Act (Law Safeguarding the State The world must now respond to the Aung San Suu Kyi and urgently call for her from the Dangers of Subversive Elements). junta’s latest outrage in a way that immediate and unconditional release, as well The charges relate to the violations of the demonstrates the inevitability of those as the release of her doctor Dr. Tin Myo Win. rules and regulations surrounding her house There is serious concern for the health of values she so clearly demonstrates. arrest. If she is convicted of this offence, she Daw Aung San Suu Kyi. She is found with will be subject up to three years of imprison- The work of Aung San Suu Kyi and low blood pressure and dehydration and must ment under this article. During her appear- members of the National League for immediately receive thorough medical at- ance before the court today, Ms. Suu Kyi was Democracy must be the world’s work. tention. Her doctor, Dr. Tin Myo Win, who not asked any questions. The judge ordered We must continue to press the junta has been the only person allowed to visit her the defendants to return to court again on until it is willing to negotiate an irre- for monthly check-ups, was detained by au- May 18, 2009. versible transition to democratic rule. thorities on May 7, and his whereabouts is According to the latest information, Daw The Burmese people deserve no less. unknown and it is uncertain when he will be Aung San Suu Kyi, Daw Khin Khin Win and This means renewing the sanctions released. Daw Win Ma Ma were not sent back to their Daw Aung San Suu Kyi has been under residence. They are currently detained in that will expire this year, and it means house arrest for 13 of the past 19 years, and Insein prison. vigorous enforcement by our Treasury the UN Working Group on Arbitrary Deten- The International Federation for Human Department of the targeted financial tion recently declared her continual deten- Rights condemns in the strongest possible sanctions in place against regime lead- tion illegal. Her detention legally expired on terms this new campaign of intimidation and ers. It means being perfectly clear that May 24, 2008. While the people of Burma and harassment against the Nobel Peace Prize, we stand on the side of freedom for the the world eagerly await for her release as her ahead of the 2010 elections and just some Burmese people and against those who year-long extension is set to expire, it is of days before her house arrest is due to expire abridge it. grave concern that the military regime may at the end of May. This last episode deprives The message of solidarity with the continue to hold her without any charges. the ‘‘road-map to democracy’’ and the elec- Besides, they must not use false charges, toral process in Burma/Myanmar from any Burmese people should come from all such as the incident of the intrusion of the legitimacy. quarters, and that includes their clos- foreigner into her home on May 3rd, to try The United Nations and you personally est neighbors, the ASEAN countries. and further incarcerate her and Dr. Tin Myo have been long engaged for the reconcili- The United States, European countries, Win. ation process of all parties in Burma and the and others have condemned her arrest ‘‘From the beginning of her arrest, au- dialogue with the Burmese authorities. The and call for her immediate release. thorities declared that they had to detain United Nations have received in the past I ask unanimous consent to have Daw Aung San Suu Kyi for the reason of harsh criticism for the absence of concrete printed in the RECORD at this time a ‘protective custody’ and thus the authorities measures to improve the human rights situa- declaration of the Council of the Euro- are the ones responsible for the intrusion,’’ tion in Burma/Myanmar, despite the strong said Moe Zaw Oo, Foreign Affairs Secretary, engagement of the various United Nations pean Union, and others by the Federa- National League for Democracy—Liberated mechanisms. tion of International Rights, and the Area. The intentions of the Burma/Myanmar au- International Federation of Human The seven alliances, representing a broad- thorities are seriously questioned today Rights. based democracy and ethnic forces, urgently worldwide, it is time for the United Nations

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The collective respon- information they need to make their sibility of the international community and for bringing together concerns and choice is the payoff timing disclosure of the United Nations in particular, to pro- ideas from both sides of the aisle to language included in this bill. The leg- tect the Nobel Peace Prize is now even more craft a bipartisan compromise. This islation we are considering would re- crucial than ever. FIDH is trustful that the bill could not come at a more critical quire credit card issuers to promi- United Nations will step up to this duty and time for North Carolina’s hardworking nently display two important numbers guarantee the safety, security and freedom families. on billing statements: the amount of of Daw Aung San Suu Kyi. More often than not, through no time it would take to pay off the bill if I’m urging you personally to act as soon as fault of their own, North Carolina fam- possible to protect her integrity. The ur- the cardholder is paying only the min- gency of the situation requests coordinated ilies are suffering tremendously during imum balance due each month, and the and strong action. this time—the harshest economic cli- minimum monthly payment required Hoping that you will take the above con- mate since the Great Depression. Our to pay off the entire bill in 36 months. siderations fully into account, I remain, unemployment rate is 10.8 percent—the For example, it would take a card- SOUHAYR BELHASSEN, fourth highest in the Nation. Home holder with a $4,000 balance and an 18- FIDH President. values have declined dramatically. percent interest rate, making the min- Mr. MCCAIN. Mr. President, the Many families have lost nearly all imum payments, nearly 6 years to pay country’s of Southeast Asia should be their savings. Nearly a half million off their credit card. It costs next to at the forefront of this call. ASEAN jobs have been lost in North Carolina. nothing for issuers to provide bor- now has a human rights charter, in From banking to manufacturing, North rowers with this information, but this which member countries have com- Carolina is home to some of the indus- information can be extremely helpful mitted to protect and promote human tries that have taken the biggest hit in as cardholders try to become more effi- rights. Now is the time to live up to this economic downturn. To say the cient in their financial planning. that commitment. ASEAN could start least, the situation is dire for many Ultimately, by keeping the rules fair, by dispatching envoys to Rangoon in families in North Carolina and around clear, and consistent, we can save order to demand the immediate and un- the country. American families thousands of dollars conditional release of Aung San Suu The people of my State are hard- each year. As we work to right this Kyi. This courageous leader, and all working and honest. While they are ship and get our economy moving those Burmese who have followed her struggling to make this month’s mort- again, I cannot imagine this relief lead in pressing for their own inalien- gage payment or put food on the table coming at a better time for North able rights, should know all free people for their families, they are troubled by Carolina’s families. stand with you and support you. The next week’s and next month’s bills. I am proud to stand on the floor of world is watching not only your brave They are concerned about the unex- the Senate and voice my support for actions but also those of the military pected expenses they may have to this measure. My constituents deserve government whose cruelty and incom- bear—for example, an illness or their progress, not lip service, on this and so petence know no bounds. Burma’s fu- car breaking down. With all the other many other important issues that they ture will be one of peace and freedom, issues these families are dealing with are grappling with in these hard eco- not violence and repression. We, as in this economic downturn, imagine re- nomic times. Americans, stand on the side of free- alizing that you are still paying inter- Mr. President, I yield the floor, and I dom, not fear of peace, not violence, est on a balance you thought you had suggest the absence of a quorum. and with the millions in Burma who as- already paid or watching that interest The PRESIDING OFFICER. The pire to a better life, not those who rate double because times are tight and clerk will call the roll. would keep them isolated and op- you fell just a little behind. The assistant legislative clerk pro- pressed. Unfair, yet all-too-common credit ceeded to call the roll. The United States has a critical role card practices, such as interest charges Mr. AKAKA. Mr. President, I ask to play in Burma and throughout the on debt paid on time—a practice known unanimous consent that the order for world as the chief voices for the rights as double-cycle billing—arbitrary in- the quorum call be rescinded. and integrity of all persons. It is a role terest rate increases, and exorbitant The PRESIDING OFFICER. Without we suppress at the world’s peril and our and unnecessary fees are only making objection, it is so ordered. own. A strong public defense of the matters worse for families who are al- Mr. AKAKA. Mr. President, I support rights of oppressed people has been and ready struggling just to get by. Obvi- the Credit CARD Act of 2009. I want to must remain an enduring element in ously, it costs money to borrow money. commend the chairman of the Banking American foreign policy. Nothing can Nobody is suggesting that credit card Committee for his outstanding efforts relieve us of the responsibility to stand issuers shouldn’t be able to make a to craft this legislation. I also appre- for those whose human rights are in profit. But for consumers the rules ciate the work done by Senator SHELBY peril or the knowledge that we stand should be fair, transparent, and exactly in developing a bill that should be able for something in this world greater the same from the beginning to the to garner broad bipartisan support and than self-interest. Should we need in- end. become law. spiration to guide us, we need look no I support the Dodd-Shelby amend- Too many in our country are bur- further to that astonishingly coura- ment because it requires just that. The dened by significant credit card debt. geous leader, Aung San Suu Kyi. bottom line is that this bill restores Not enough has been done to protect The junta’s latest actions are once fairness and sensibility to credit cards consumers and ensure they are able to again a desperate attempt by a decay- and a sense of security to families in properly manage their credit burden. ing regime to stall freedom’s inevitable North Carolina. This bill ensures that We must do more to educate, protect, success in Burma and across Asia. credit card companies honor their and empower consumers. Although this They will fail, as surely as Aung San promises and specifies that the card comprehensive legislation has numer- Suu Kyi’s campaign for a free Burma companies can’t change the rules in ous provisions that benefit consumers, will one day succeed. the middle of the game. While North my remarks will focus on the portion Mr. President, I yield the floor. Carolina’s families are struggling, they of the legislation which is based on my The PRESIDING OFFICER. The Sen- shouldn’t have to worry about hitting a legislation, the Credit Card Minimum ator from North Carolina. moving target when it comes to paying Payment Warning Act. I originally in- Mrs. HAGAN. Mr. President, I rise their bills. troduced the act in the 108th Congress. today in support of the Credit Card Ac- The Dodd-Shelby amendment will I have greatly appreciated the efforts countability and Disclosure Act of 2009 also provide consumers with simple, of Senators DURBIN, SCHUMER, and and the ways in which I believe this clear information that allows them to LEAHY, who helped develop and support

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5484 CONGRESSIONAL RECORD — SENATE May 14, 2009 the legislation. I also want to acknowl- credit counseling and debt manage- In theory a means test is reasonable, but edge Senator FEINSTEIN for her con- ment services. Referrals for credit the test in this legislation is unnecessarily tributions on this issue. counseling services via the toll-free rigid. It considers the previous six months of We attempted to attach our legisla- number could only go to nonprofit earnings, even if the bankruptcy filer is now tion as an amendment to improve the out of work. Moreover, once filers show that credit counseling agencies approved by their income is below the median, there’s no flawed minimum payment warning in U.S. bankruptcy trustees. This modi- reason to require them to provide additional the Bankruptcy Abuse Prevention Act. fication will utilize an existing ap- information. Sen. Edward M. Kennedy (D- On March 2, 2005, an editorial in the proval process and list of reputable Mass.) has outlined amendments to address Washington Post criticized the bank- credit counselors rather than creating these issues, as well as a sensible proposal ruptcy legislation then being consid- a new approval process for the purposes that would provide a $150,000 homestead ex- ered. The editorial stated, ‘‘at the very of section 201. I thank the chairman emption to help the elderly and those driven to bankruptcy by medical expenses keep least, as Senator DANIEL K. AKAKA has and ranking member for their willing- proposed, credit card issuers, who now ness to accept this amendment. their homes. After many years, it appears that we If the Senate tightens rules for those filing send out five billion solicitations a for bankruptcy, it also should crack down on year . . . ought to be required to dis- may finally be enacting a bill that will the corporate practices that contribute to close to borrowers the true cost of educate, protect, and empower credit the problem. At the very least, as Sen. Dan- making only the minimum payments.’’ card consumers. Once again, I thank iel K. Akaka (D-Hawaii) has proposed, credit Mr. President, I ask unanimous con- Chairman DODD for all of his out- card issuers, who now send out 5 billion so- sent that the text of the entire edi- standing efforts to help working fami- licitations a year and whose profits have soared, ought to be required to disclose to torial be printed in the RECORD fol- lies. The administration also deserves credit for their efforts to help move borrowers the true cost of making only the lowing my remarks. Unfortunately, our minimum payment on their balances. amendment was defeated. this legislation closer to enactment. I The PRESIDING OFFICER. Without look forward to continuing to work Mr. AKAKA. Mr. President, I yield objection, it is so ordered. with my colleagues and the adminis- the floor and suggest the absence of a (See exhibit 1.) tration on this and other essential con- quorum. Mr. AKAKA. Mr. President, although sumer protection legislation. The PRESIDING OFFICER. The there have been some modifications EXHIBIT 1 clerk will call the roll. and additions, the Credit CARD Act [From the Washington Post, Mar. 2, 2005] The assistant legislative clerk pro- contains the primary provisions of my FIXING THE BANKRUPTCY SYSTEM ceeded to call the roll. legislation. The legislation requires Until this year, the seemingly perennial Mr. BROWN. Madam President, I ask that consumers be told how long it will congressional debate about overhauling the unanimous consent that the order for take to repay their entire balance if nation’s bankruptcy laws was something of the quorum call be rescinded. they make only minimum payments. an academic exercise: The measure wasn’t The PRESIDING OFFICER (Mrs. The total cost if the consumer pays going to pass because Senate Democrats in- SHAHEEN.) Without objection, it is so sisted on an abortion amendment unaccept- ordered. only the minimum payment, would able to the House. Now, with a bolstered Re- also have to be disclosed. These provi- Mr. BROWN. Madam President, I ask publican majority, it’s not clear that Demo- unanimous consent to speak as in sions will make individuals much more crats can muster enough votes for that aware of the true cost of credit card amendment, which would prevent anti- morning business. debt. Consumers would have to be pro- abortion protesters from filing for bank- The PRESIDING OFFICER. Without vided with the amount they need to ruptcy to evade damage awards. As a result, objection, it is so ordered. pay to eliminate their outstanding bal- the underlying question about the bank- GENERAL MOTORS ance within 36 months, which is a typ- ruptcy bill suddenly matters: Does it strike Mr. BROWN. Madam President, it the right balance between preserving the has come to my attention that General ical length of a debt management plan. protections of bankruptcy and preventing The personalized payment disclosures abuse by spendthrifts? The bill is neither as Motors, one of America’s largest cor- are important, but consumers must be draconian as its opponents protest nor as porations—that General Motors, which given opportunities to find reputable balanced as its supporters proclaim. Its cen- is seeking Federal assistance to save credit counseling services. Section 201 tral tenet, that those who can repay some of their business—now has plans to take also includes our requirement for their debts ought to do so, is reasonable. But that money and create jobs. That creditors to establish and maintain a the bill could be made fairer with a number should be good news. That is, after all, toll-free number so that consumers can of amendments set to be considered. what Congress intended; that General The number of Americans filing for bank- access trustworthy credit counselors. ruptcy exploded in the past quarter-century. Motors take money the Government The toll-free number will have to ap- In 1980, there was one personal bankruptcy loans them and taxpayers send to pear on credit card billing statements filing for every 336 households in the United them, that it awarded a U.S. com- along with the minimum payment States; in 1993, one for every 144 households; pany—this company—more than $15 warning information. More working and in 2003, one for every 73 households. But billion in Federal loans earlier this families are trying to survive finan- there is little agreement on the cause of this year, that they would, in fact, create cially and meet their financial obliga- growth. Those who support tightening bank- jobs. tions. Consumers often seek out help ruptcy laws say the system is abused by peo- But that is why I was in a state of ple who could repay their debts but are no disbelief last night when I learned Gen- from credit counselors to better man- longer deterred by the stigma once associ- age their debt burdens. It is extremely ated with bankruptcy. Those who oppose the eral Motors is not going to create those troubling that unscrupulous credit change say credit card companies entice bor- jobs in the United States, not in my counselors exploit individuals who are rowers to run up their bills; they also cite State of Ohio, not in Michigan, not in trying to locate the assistance that the toll of medical debt among those who Indiana, not in big auto States, not in they need. As financial pressures in- lack adequate health insurance. Missouri, they are going to create jobs crease for working families, credit The Senate bill would tighten access to the not in the United States, those States most generous and popular form of bank- which continue to hemorrhage auto counseling becomes even more impor- ruptcy, Chapter 7. People filing for Chapter 7 tant. The CARD Act will assist work- bankruptcy can wipe out their debts and get jobs. ing families with finding credit coun- a ‘‘fresh start.’’ The bill would impose a In fact, what GM wants to do is take selors that will help, rather than ex- means test: Debtors who earn less than the our tax dollars and create jobs in China ploit, them. median income in their state—about 80 per- by building a new car, a car they will Yesterday, I filed an amendment to cent of those who file for bankruptcy—still then export back into the United the CARD Act to simplify the adminis- would be entitled to file under Chapter 7. But States for Americans to purchase. Let tration of the credit counseling referral those who earn more than that—and who me say that again. GM is taking U.S. provision. The amendment requires the have the ability to repay at least $6,000 over tax dollars, going to close American five years—would have to file under Chapter Federal Reserve Board to issue the 13, which requires a repayment plan. Experts auto plants, open new auto plants in guidelines for the development and estimate that means testing would affect no China, then sell those cars it produces maintenance by creditors of a toll-free more than 10 percent of consumer bank- back into the United States to Ameri- number to provide information about ruptcy filers. cans.

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 14, 2009 CONGRESSIONAL RECORD — SENATE S5485 The audacity of such a plan cannot to using those tax dollars to maintain Third, imposing position limits on be emphasized enough. In short, it is jobs and production at home. Today, I regulated markets to prevent any mar- outrageous. It appears that what is wrote Secretary Geithner, the Sec- ket player from amassing large posi- good for GM is no longer good for retary of the Treasury, urging the tions that can harm the market. I have America. This is a slap in the face to Obama administration, as part of the received in e-mail additional assur- American autoworkers, to American terms of further Government assist- ances from the administration that taxpayers, to American communities. ance, to require GM to invest in U.S. they believe these position limits It is a slap in the face to every auto- production. should be applied in the aggregate worker in Ohio, in neighboring Michi- The President’s Auto Task Force has across all contract markets to prevent gan, in every State where men and a difficult job. Its mission is to guide fraud and manipulation. women work hard and play by the rules GM toward long-term viability and to- Mr. Geithner’s announcement yester- and pay their taxes, not just States ward success. Given the number of auto day was truly historic. Americans have that produce autos, but the States—all manufacturing layoffs in my State, suffered through an era of deregulation 50 of our States—that produce auto given the sacrifices autoworkers and that is primarily the cause of this eco- parts, components and tires and glass their families continue to make to fa- nomic crisis. How did we get here and and door locks and all the other kinds cilitate the restructuring of GM, I do why is this historic? of things that go into cars. not see how the administration can, in A decade ago Congress passed, in the These funds, those auto funds that good conscience, provide taxpayer dark of night at the end of the Con- came from taxpayers, were meant to funds to support General Motors’ gress in 2000, a law known as the Com- rebuild our Nation’s middle class, not offshoring of auto production. modities Futures Modernization Act dismantle it, not dismantle the middle I yield the floor and suggest the ab- that provided ironclad protections class, not shut these plants and then sence of a quorum. from regulation for financial tools. One send jobs overseas. The PRESIDING OFFICER. The courageous regulator, then Commod- If GM officials think U.S. taxpayers clerk will call the roll. ities Futures Trading Commission will finance cars made in China while The assistant legislative clerk pro- Chairwoman Brooksley Born, warned American plants are closing, GM is ei- ceeded to call the roll. Congress and the financial community ther tone deaf or tunnel visioned. I Ms. CANTWELL. I ask unanimous that unregulated derivatives could would urge GM not to betray the work- consent that the order for the quorum cause potential serious dangers to the ing men and women of our Nation. We call be rescinded. economy. But some in Washington have the most talented labor force and The PRESIDING OFFICER. Without blocked her efforts, including Wall qualified autoworkers anywhere, bar objection, it is so ordered. Street and senior administration offi- none. DERIVATIVES REGULATION cials. I would invite GM officials to travel Ms. CANTWELL. Madam President, I One high-ranking Treasury official with me across Ohio; to Lorain, to rise to discuss what I hope will be a charged with pushing this deregulation Twinsburg, to Lordstown, all auto turning point on our road to economic bill through Congress was Gary plants, all auto cities. That is just in recovery. The Obama administration Gensler, a former high-ranking execu- northeast Ohio alone. All across our yesterday asked Congress to swiftly tive at Goldman Sachs. As Under Sec- State we have the greatest, most tal- pass sweeping and historic regulatory retary of the Treasury, Mr. Gensler ented labor force to build these cars. reforms on derivatives, credit default testified before Congress that he ‘‘un- We have the facilities to produce these swaps, commodities trading, and other ambiguously opposed’’ regulating the cars. sectors of the financial marketplace derivatives market. Mr. Gensler was The question is whether GM has any that collapsed last year under the wrong. For Brooksley Born’s courage commitment to our Nation, a nation weight of unrestrained speculation. whose taxpayers are working to rescue in standing up to powerful financial in- The road to this point has not been them. There is no excuse for GM using terests in proposing tougher rules, she easy. For months I have been urging taxpayer funds for Chinese imports, is being awarded the Profiles in Cour- the administration to move quickly to not when there are American workers age award by the John F. Kennedy ready to build these cars, when there propose strong regulatory controls on Foundation this year. With yesterday’s announcement, this are shut down or idled U.S. auto plants these markets, require transparency in administration embraces the reforms prepared to produce them. derivatives trading, and restrict mar- Smaller, more fuel-efficient vehicles ket manipulation. With the announce- that Brooksley Born argued we needed represent the future of the auto indus- ment yesterday by Treasury Secretary a decade ago. This was an uphill battle. try, and American workers can produce Geithner in a letter he sent to Senate There were too many people with a fi- and must produce those vehicles in the and House leaders, the administration nancial stake in the old, unrestrained United States. Ohio workers will not has come down decisively on the side of trading system. But it was because of stand idly by while GM sends these imposing order on a marketplace whose my concern that the President’s com- jobs and our tax dollars overseas to a collapse made this current recession so mitments to government reform and nation with little or no labor standards much deeper and more painful for the increased transparency would be over- and woefully weak safety standards. average American than it needed to be. shadowed by those willing to take a go- Interestingly, when you think about The administration clearly supported slow approach to regulatory reform the safety of these cars that may, in in writing bringing the unregulated that I placed a hold on the President’s fact, be built by GM in China and sent ‘‘dark’’ over-the-counter derivative nomination of Gary Gensler to be back to the United States, think about markets under full regulation for the Chairman of the Commodities Futures some of the practices in other con- very first time. The administration has Trading Commission. In my view, Mr. sumer products. Think about what hap- correctly identified the top three key Gensler helped perpetuate the lax regu- pened with contaminated products, goals of regulatory reform in the un- lation that contributed to our current contaminated ingredients that went regulated over-the-counter derivatives economic crisis while he was Under into Heparin, a blood-thinning drug market. First, transparency on all Secretary of Treasury during the latter that came back and killed some 100 dark markets. All derivative trans- years of the Clinton administration. Americans because of contaminated in- action dealers will be brought under While Mr. Gensler has recently stat- gredients, or think about Hasbro toys, prudential regulation and supervision ed he supports stronger regulatory which were outsourced to China, where which means capital adequacy require- rules for financial markets, in 2000, he those Chinese subcontractors put lead- ments, antifraud and antimanipulation supported legislation that provided based paint on these toys. They came authority, and very clear transparency ironclad protections against regulation back to the United States and had and reporting requirements. of financial products such as credit de- toxic parts-per-million amounts of lead Second, all standardized trading of fault swaps and derivatives. I hardly in the paint and on those toys. physical commodities and other deriva- need to remind my colleagues of the If GM wants to receive more funds tives will finally be required to be trad- disastrous results of that course of ac- from U.S. taxpayers, it must commit ed on fully regulated exchanges. tion.

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5486 CONGRESSIONAL RECORD — SENATE May 14, 2009 The world of derivatives and credit to protect the American people from ate large exposures to counterparties should default swaps is foreign to most Ameri- the consequences of unrestrained spec- be subject to a robust and appropriate re- cans. The vulnerability of these mar- ulation. Our constituents are justifi- gime of prudential supervision and regula- tion. Key elements of that robust regulatory kets to rampant speculation and the ably angry, because they have seen regime must include conservative capital re- complex set of regulatory structures millions of jobs and trillions of dollars quirements, business conduct standards, re- needed to address the problems are not in savings evaporate while speculators porting requirements, and conservative re- easy to grasp, even for insiders of the who aggravated the crisis floated away quirements relating to initial margins on financial industry. But my constitu- on golden parachutes. counterparty credit exposures. Counterparty ents in Washington State know all too Undoubtedly, in the weeks to come, risks associated with customized bilateral well the consequences of inaction and Wall Street interests will have a lot to OTC derivatives transactions that would not say about regulatory reforms. They be accepted by a CCP would be addressed by lax oversight. To us, the financial this robust regime covering derivative deal- meltdown is not just an object lesson should say it to the average American ers. in greed and avarice playing out on the who has been taking a crash course in The OTC derivatives markets should be other coast; it is an issue that has af- the financial crisis over the past year. made more transparent by amending the fected our daily lives. We remember Our obligation is not to these specu- CEA and the securities laws to authorize the when the lights went out over the en- lators. It is to the people who work CFTC and the SEC, consistent with their re- spective missions, to impose recordkeeping ergy crisis brought on by Enron’s pred- hard, whose ingenuity and extraor- dinary productivity have provided the and reporting requirements (including an atory speculation that threw the west- audit trail) on all OTC derivatives. Certain ern power grid into disarray. This per- lift that has made our economy the of those requirements could be deemed to be fect storm—a combination of drought, envy of the world. It is now our time to satisfied by either clearing standardized botched regulation, and Enron’s mar- do our job to put in the robust reforms transactions through a CCP or by reporting ket manipulation—cost west coast con- that will make their hard work pay off customized transactions to a regulated trade sumers more than $40 billion, and it in the days ahead. repository. CCPs and trade repositories took years to unravel the mess. I ask unanimous consent that Treas- should be required to, among other things, ury Secretary Timothy Geithner’s let- make aggregate data on open positions and The rules of the financial game may trading volumes available to the public and be esoteric, but the consequences of a ter be printed in the RECORD. There being no objection, the mate- to make data on any individual counter- financial meltdown are well understood party’s trades and positions available on a by my constituents. It is because of my rial was ordered to be printed in the confidential basis to the CFTC, SEC, and the involvement in bringing Enron’s specu- RECORD, as follows: institution’s primary regulators. lative schemes to light and seeing the DEPARTMENT OF THE TREASURY, Market efficiency and price transparency Washington, DC, May 13, 2009. type of business abuse in the financial should be improved in derivatives markets Hon. HARRY REID, by requiring the clearing of standardized markets that I am determined to take U.S. Senate, contracts through regulated CCPs as dis- steps to ensure that such abuse does Washington, DC. cussed earlier and by moving the standard- not happen again. I am glad President DEAR SENATOR REID: In late March I laid ized part of these markets onto regulated ex- Obama has listened to those on Capitol out in congressional testimony a broad changes and regulated transparent electronic Hill and those within his own adminis- framework for regulatory reform. As I indi- trade execution systems for OTC derivatives cated then, one essential element of reform and by requiring development of a system for tration who believed strongly that bold is the establishment of a comprehensive reg- and timely action was critical to en- timely reporting of trades and prompt dis- ulatory framework for over-the-counter semination of prices and other trade infor- sure stability of our financial markets. (OTC) derivatives, which under current law mation. Furthermore, regulated financial in- I continue to have concerns about Mr. are largely excluded or exempted from regu- stitutions should be encouraged to make Gensler’s appointment to head the lation. Since then, the Treasury Department greater use of regulated exchange-traded de- agency responsible for regulating has been consulting with the Commodity Fu- rivatives. Competition between appro- swaps and other derivatives whose col- tures Trading Commission (CFTC), the Secu- priately regulated OTC derivatives markets lapse amid unrestricted speculation rities and Exchange Commission (SEC), and and regulated exchanges will make both sets other federal regulators regarding the design caused so much damage to the econ- of markets more efficient and thereby better of such a framework. Today I am writing to serve end-users of derivatives. omy. But in light of the administra- follow up with further details on the amend- Market integrity concerns should be ad- tion’s significant and potentially his- ments to the Commodity Exchange Act dressed by making whatever amendments to toric stand on new controls over deriv- (CEA), the securities laws, and other rel- the CEA and the securities laws which are ative markets, I am prepared to lift my evant laws that I believe are needed to en- necessary to ensure that the CFTC and the hold on his confirmation and, instead, able the government to regulate the OTC de- SEC, consistent with their respective mis- focus on ensuring that the legislation rivatives markets effectively for the first sions, have clear, unimpeded authority to po- time. we pass includes the recommendations lice fraud, market manipulation, and other Government regulation of the OTC deriva- market abuses involving all OTC derivatives. the administration has made. tives markets should be designed to achieve The CFTC also should have authority to set I say that I hope the administration’s four broad objectives: (1) preventing activi- position limits on OTC derivatives that per- new policy will become a turning point, ties in those markets from posing risk to the form or affect a significant price discovery because we have more work to do to financial system; (2) promoting the effi- function with respect to regulated markets. make sure these concepts become law. ciency and transparency of those markets; Requiring CCPs, trade repositories, and The Treasury Department announce- (3) preventing market manipulation, fraud, other market participants to provide the and other market abuses; and (4) ensuring CFTC, SEC, and institutions’ primary regu- ment was not a piece of legislation but, that OTC derivatives are not marketed inap- rather, a policy outline, a statement of lators with a complete picture of activity in propriately to unsophisticated parties. To the OTC derivatives markets will assist the kind of bill the White House would achieve these goals, it is critical that similar those regulators in detecting and deterring support. It is now up to us in Congress products and activities be subject to similar all such market abuses. to turn this into law. I am committed regulations and oversight. Current law seeks to protect unsophisti- to working with Senate leadership to To contain systemic risks, the CEA and cated parties from entering into inappro- ensure that the resulting legislation the securities laws should be amended to re- priate derivatives transactions by limiting quire clearing of all standardized OTC de- closes loopholes and that we get about the types of counterparties that could par- rivatives through regulated central counter- ticipate in those markets. But the limits are making sure that the previously poorly parties (CCPs). To ensure that this measure not sufficiently stringent. The CFTC and designed controls are eliminated. is effective, regulators will need to take SEC are reviewing the participation limits Where necessary, we must be willing steps to ensure that CCPs impose robust in current law to recommend how the CEA to go even further than the administra- margin requirements and other necessary and the securities laws should be amended to tion in crafting a bill that puts an end risk controls and to ensure that customized tighten the limits or to impose additional to destructive and predatory forms of OTC derivatives are not used solely as a disclosure requirements or standards of care speculation. But I applaud the bold po- means to avoid using a CCP. For example, if with respect to the marketing of derivatives sition outlined in the Treasury Sec- an OTC derivative is accepted for clearing by to less sophisticated counterparties such as one or more fully regulated CCPs, it should small municipalities. retary’s letter to House and Senate create a presumption that it is a standard- I am confident that these amendments to leadership yesterday. ized contract and thus required to be cleared. the CEA and the securities laws and related The idea here is not to impose regu- All OTC derivatives dealers and all other regulatory measures will allow market par- lation for regulation’s sake. The idea is firms whose activities in those markets cre- ticipants to continue to realize the benefits

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 14, 2009 CONGRESSIONAL RECORD — SENATE S5487 of using both standardized and customized give State governments the ability to to faraway credit card lenders gouging derivatives while achieving the key public go after the most dangerous trap of all: their citizens. As a former State attor- policy objectives expressed in this letter. I outrageous and unjustifiable interest ney general who was closely involved look forward to working with Congress to rates. in consumer protection issues, I feel shape U.S. legislation implementing these measures. We will need to take care that in I have heard so many stories from strongly that States have an important doing so we do not call into question the en- countless Rhode Islanders: A missed role to play in protecting their citizens forceability of OTC derivatives contracts. We payment or a late payment turned a from abusive and heavy-handed busi- also will need to work with authorities reasonable interest rate into a 25-per- ness practices. This amendment would abroad to promote implementation of com- cent or 35-percent penalty rate, and a acknowledge and strengthen that role. plementary measures in other jurisdictions, family suddenly finds itself in a hole it Mr. DODD. Madam President, would so that achievement of our objectives is not can’t climb back out of. the Senator yield for an observation? undermined by the movement of derivatives Professor Ronald Mann of Columbia activity to jurisdictions without adequate University has called this credit card Mr. WHITEHOUSE. I gladly yield to regulatory safeguards. business tactic the ‘‘sweat box.’’ Credit the distinguished chairman of the Sincerely, Banking Committee. TIMOTHY F. GEITHNER. card companies have found it profit- Mr. DODD. I thank the Senator for Ms. CANTWELL. I suggest the ab- able to hit their most distressed cus- tomers with penalty rates and fees that raising this issue, and I appreciate the sence of a quorum. time he has put into this and the effort The PRESIDING OFFICER. The are designed to sweat out of those cus- he has expended for what he is trying clerk will call the roll. tomers the maximum monthly pay- to accomplish. I know his constituents The assistant bill clerk proceeded to ments before the inevitable bank- and mine suffer, as all of us do, from call the roll. ruptcy filing. Mr. LEVIN. Madam President, I ask Prior to 1978, all the way back to the abusive interest rates and fees and be- unanimous consent that the order for founding of the Republic, States had lieve that broader interest rate reform the quorum call be rescinded. the ability to prohibit excessive inter- is something we in the Senate should The PRESIDING OFFICER. Without est rates and to protect their citizens. carefully consider. In fact, a good part objection, it is so ordered. It is part of our national history. That of this legislation is designed to do ex- Mr. LEVIN. Madam President, it was changed following a U.S. Supreme actly that. my intention to call up two first-de- Court decision in 1978: Marquette Na- The Senator’s amendment goes be- gree amendments at this time: Amend- tional Bank of Minneapolis v. First of yond the credit card reform, however, ment No. 1094, which is an amendment Omaha Service Corp. and would affect many varieties of con- that is cosponsored by Senator Marquette did not seem like a big sumer lending beyond just credit cards. MCCASKILL and Senator COLLINS; and case at the time—not a case that I, therefore, would inquire of the Sen- then it was my intent to call up would, in practice, end one of the sov- ator from Rhode Island if he would be amendment No. 1095. Both of these ereign State’s most basic and ancient willing to withhold his amendment and amendments are germane amendments. authorities—to protect their citizens. defer consideration of the issue as we I understand that if I attempted to call In Marquette, the Supreme Court in- are preparing to take up broader finan- them up now and set them aside, there terpreted the word ‘‘located’’—one cial regulatory reform later this year; would be an objection. So I will not do word—in the Civil War-era National in fact, within the next few months. that at this time, but it is my intent to Bank Act as giving regulatory author- In the interim, I wish to assure the call up these, either before cloture or ity over a loan to the States that was Senator from Rhode Island, Mr. the primary place of business of the postcloture, because they are germane WHITEHOUSE, that he has my personal amendments. I just wish to alert our bank, as opposed to the State that was commitment that the Banking Com- colleagues it is our intent to call up the location of domicile of the con- mittee, which I chair, will take a care- these two amendments. sumer. It seemed like a technical case, ful look at his proposal. We have held I note the absence of a quorum. but the meaning of this one-century- a major series of hearings on regu- The PRESIDING OFFICER. The old word defined that way has had the latory modernization, we are planning clerk will call the roll. effect of crippling the ability of States a number of others, and this subject The legislative clerk proceeded to to effectively police usurious lending will be an appropriate one for consider- call the roll. practices by out-of-State banks. ation in these hearings during the com- Following Marquette, credit card Mr. WHITEHOUSE. Madam Presi- mittee’s consideration of related legis- lenders realized they could avoid State dent, I ask unanimous consent that the lation. Perhaps the Senator from law consumer protections by reorga- order for the quorum call be rescinded. Rhode Island can recommend a witness The PRESIDING OFFICER. Without nizing as national banks and operating or witnesses—I certainly know of sev- objection, it is so ordered. their businesses out of a handful of eral—who would like to testify, includ- Mr. WHITEHOUSE. Madam Presi- States that either lacked meaningful ing himself or other Members who are dent, I rise to speak on an amendment interest rate restrictions or were will- cosponsors of his amendment, or like that I intend to offer, cosponsored by ing to toss out their consumer protec- many of us who share his concern Senators DURBIN and SANDERS, which tion laws in order to attract this new about the Marquette decision and what would complement the Credit Card Act business. Thus began the proverbial it has done in terms of usury laws. by restoring to each of the 50 States race to the bottom. Today, it is un- the power to enforce maximum interest usual to find a credit card lender not I often point out that both in the Old rates against out-of-State lenders. I based in one of the two or three States Testament and the New Testament, urge my Republican colleagues to at- that have turned weak consumer pro- while I don’t claim to be a Biblical tend to this as well because I know tection into a profitable industry. scholar, there was nothing that more they have taken a particular interest My amendment and the bill on which outraged Jesus Christ than the money over the years in the sovereign power it is based, S. 255, would amend the changers in the New Testament. Cer- of the State, what a constitutional Truth in Lending Act to legislatively tainly, there are plenty of examples in scholar would call the Doctrine of Fed- reverse the Marquette decision, restore the Old Testament of usurious lending eralism, and this is certainly an impor- the historic power of the States, and to practices. It is as old as Biblical times, tant step in that direction. make clear that each State has the the admonition regarding charging The bill we are debating this week right to protect its citizens with inter- outrageous interest rates. We have will make enormous advances in ban- est rate restrictions on consumer lend- rates today, as I have said before, that ning some of the most egregious credit ing no matter where the lender chooses would make organized crime blush if card tricks and traps that consumers to locate their physical office. they were to see them. face out there. I commend the distin- If enacted, Rhode Island, Con- Anyway, the Senator has proposed a guished chairman for his heroic, pa- necticut, and other States could, once reform of our system of banking regu- tient, determined work in bringing us again, as they did for decades—for cen- lation with wide-reaching con- to this point. I believe we also need to turies before Marquette—say ‘‘enough’’ sequences, and the proposal deserves

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5488 CONGRESSIONAL RECORD — SENATE May 14, 2009 the full vetting of the Banking Com- get around to the principal. The sad- these insecure debt.’’ He said, ‘‘Yes, mittee. I assure him we will have a full dest part of the story is how hard it they are very good risks.’’ I was think- vetting. was for me to pay off the cards. They ing: what planet is he on? I have col- I ask my colleague and friend from didn’t want me to pay them off. I re- lege students. They are no more a good Rhode Island whether he would be will- member being on a phone call for 3 risk than someone who has a horrible ing to entertain this proposal and defer hours, and I had been to several coun- credit rating. They send these cards to this matter until we deal with a larger tries by the time the call was con- kids because they know their parents, set of issues and to also confirm for cluded. I was told that it was impos- if they are in college, don’t want them him my similar concern that he has sible for me to send a payment to pay to get into trouble and they will bail raised and would have raised with this off the card the same month. It had to them out if they get in too deep. They amendment. be sent in a separate payment. We were want to hook them into the pattern, Mr. WHITEHOUSE. Madam Presi- trying to pay off the card. They didn’t charging big, paying interest only, and dent, I thank the chairman of the want it. One of my favorites is that she being on line to them for the principal Banking Committee for his offer. With made a payment on a card, and I paid for the rest of their lives. this understanding, I will agree to off the balance. Then a bill came, and We have work to do on this bill. I withhold on my amendment on this it was a negative balance. They owed hope my colleagues on the other side of particular piece of legislation. us money. But you are not going to be- the aisle join us quickly in getting to a I believe we need to look at broader lieve it, but, again, they owed us point where we can bring it to a final vote. It will stop many of these abusive interest rate reform, and I appreciate money, and guess what they had done. behaviors—the ability to raise the in- the commitment of the distinguished They charged us interest. I called this terest rate because maybe you missed a Banking Committee chairman to look person on the phone and said, ‘‘I am utility bill by accident 1 month, or the at the Marquette issue in that context. trying to figure this out. You owe us practice of the trailing interest, where I also wish to applaud the chairman for money and there is a charge for inter- you find the credit card company owes developing the legislation we are de- est on the bill.’’ That is when I began you money and they still charge you bating. This is one of those areas where to learn the reality of ‘‘trailing’’ inter- interest. There are 3 amendments that wisdom accrued over years of legisla- est. It was mind boggling to me, the I worked on with Senators LEVIN and tive experience allows us to expand the tricks and the traps that were embed- realm of the possible, and of course leg- COLLINS. One is no over-the-limit fee. If ded in these credit card agreements. they let you go over the limit, they islation is the art of the possible. We got an e-mail from a constituent. should not charge you a fee. And no in- Through his wisdom, through his expe- Actually, we have gotten thousands of terest on fees. And a very important rience, he has been able to get to the them, especially in the last 6 months. amendment that we can do on credit very outermost bounds of the possible This letter says the following: on this legislation and perhaps even card data collection so we have more The reason I am contacting you is because information about what the interest move those outermost bounds out a lit- of a problem with Bank Corp. I received sev- tle bit. So I applaud the chairman for eral emails from Bank Corp [asking me] to rates are we are paying in America. The irony of these spikes in interest this extraordinary accomplishment. apply for a credit card. I eventually did. The rates for good credit customers is that The Credit Card Act will go a long way credit card interest rate was to be a fixed this has occurred at a time when inter- in cleaning up the practices of unscru- 7.99 percent. . . . After the card was ap- proved, the interest rate was 7.99 percent for est rates in our country are at a his- pulous credit card lenders, and the Sen- several months. Then the rate was raised to toric low. Ben Bernanke used about all ators from Connecticut and Alabama 23 percent and, as of the July, 2008 state- the leverage he could to help our econ- deserve high praise for their hard work ment, the interest rate was raised to 35.49 omy by lowering the interest rate, and in bringing us to this point. percent. I called Bank Corp and spoke with lower the interest rate, and lowering I thank both my colleagues and I Erin, the representative that answered the the interest rate, and these companies yield the floor. phone. After being put on hold for [a long pe- can borrow money at very low rates. Mrs. MCCASKILL. Madam President, riod of time], I was told that my account was Yet, to the consumer right now, those I congratulate the chairman of the in good standing. The payments had been interest rates are getting hiked and Banking Committee for daring to go made on time. She said Bank Corp had changed their lending practices and that was hiked and hiked—even when the person where no one was willing to go for a the reason for the interest hike. I was told with the credit card has no indication long time; that is, regulating the credit there was no lower rates available, even that they present any kind of financial card industry. I have learned about though my account was in good standing. I risk to that credit card company. some of the tricks of the credit card in- was also told there was nothing I could do to We wring our hands here about what dustry the hard way. My father had a change this and there was no way to protest we can do to help the people we work the interest hike. significant and serious and protracted for. We know people are hurting now. I illness, and mom was trying to get This man asked me, ‘‘Is this legal?’’ am not sure there is any piece of legis- through it without burdening any of Sadly, we had to tell him that it was lation that is more important to the us. Without any of us realizing it, she every bit legal. people at home than this credit card got in a hole with credit card compa- I understand the risk of unsecured bill, bringing to heel these companies nies. Once I figured out that she had debt. I understand that these banks are who are taking advantage of an unlevel gotten into the hole, I set about the trying to get credit to people. But one playing field, which is strewn with all business of trying to help. of my favorite parts of the hearing we kinds of information that is too dif- I have a law degree. I am not a shy had on this subject was in Senator ficult to even understand. Let’s keep it person. I am someone who is willing to LEVIN’s Permanent Subcommittee on simple and straightforward and make say what I think. I helped write law at Investigations, when I asked one of the sure the rules are available for all peo- the State level, and I think I under- credit card executives about the fact ple to understand, and let’s make sure stand contract law. As I began to get that they want to give these cards to they are not engaged in the kind of through all the fine print and deal with college students. I am not lying about practices that caused my mother so the credit card companies that she was this; this was actual testimony given many sleepless nights. indebted to, I became more and more in this hearing. I asked him about the I yield the floor. frustrated. I began to realize what has fact that they were sending cards to The PRESIDING OFFICER. The Sen- happened with unsecured debt in Amer- college students. I was trying to get to ator from Louisiana is recognized. ica through credit card companies. the bottom of the practice where they AMENDMENT NO. 1079 There is a lot of bait and switch that were doing kickbacks to colleges in re- Ms. LANDRIEU. Madam President, I goes on. There is a desire to get hold of turn for their lists so that they could come to the floor to speak about one of the credit card customer who never solicit the students, give them credit the pending amendments, No. 1079. In a pays the principal. My mom was a cards. My favorite response was when I few minutes, I am going to make a mo- dream customer. She paid like clock- asked, with as much sincerity as I tion on that amendment. work, in terms of the minimum pay- could muster, ‘‘I guess you find these I did not get to hear all of what the ment, but never quite had enough to college students a good risk for all wonderful Senator and colleague from

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 14, 2009 CONGRESSIONAL RECORD — SENATE S5489 Missouri said, but I take it that she, others are only 30- or 60-day loans. It is lowing them to double-charge me if I like I, supports the underlying bill. I small, but it is important. We hope am paying down $20,000 on my $25,000 can appreciate the need for this con- with your leadership, Madam Presi- balance. Thank you, because I didn’t sumer protection. As chairman of the dent, and that of the Senator from get a penny from the TARP money, but Small Business Committee, I have been Maine, we can get this number up. at least I am getting some help hearing literally for months, as has the The point of this discussion is this through this consumer relief bill. occupant of the chair, who has sat number—60 percent: Small businesses As I said, the National Federation of through hearings with me—we have in Louisiana, from New Orleans, to Al- Independent Business, the National heard the tragic stories of small busi- exandria, to Shreveport—small busi- Small Business Association, the Petro- nesses that have done everything ness people I see when I am shopping at leum Marketers Association of Amer- right—businesses that had excellent Costco or at Sam’s Club, standing in ica, the Service Employees Inter- business models, people who have been line, and I know it is not a family be- national Union, the Small Business in business for four decades or longer, cause they have four dozen oranges. No Majority, and the Hispanic Chamber of businesses that have never missed a family eats that many oranges in a Commerce, the Women’s Chamber of credit card payment. You have heard week, so you know they are buying for Commerce, and the Black Chamber of their pleas to us to give them some re- their small business or restaurant or Commerce have all endorsed this bill. lief. for their corner store. So we know that We haven’t heard yet from the U.S. The consumers generally have said these small businesses are relying more Chamber, but I am hoping they will the same. The wonderful thing is that and more on credit cards. step forward—at least the small busi- this underlying bill gives some relief to In this bill we are voting on, there is ness section of the U.S. Chamber. I un- consumers, to personal credit card- no protection for them—zero. This bill derstand they represent large banks, holders. I commend Senator DODD and only protects personal credit cards, not credit card-issuing companies, so it is Senator SHELBY for bringing this bill business credit cards. So the Landrieu- tough for them. But somebody has to to the floor. It only got out of this Snowe amendment, cosponsored by the speak up for small business, and I hope Banking Committee, which is tough to occupant of the chair—and I will get that right now my colleagues will con- get any pro-consumer legislation out the list of others in a moment—it was sider this amendment. of, unfortunately, by only one vote, I cosponsored by several Members of the Again, I am going to have to call it understand. But they got it to the Senate, and they are Senators CARDIN, up for action now and actually move to floor. It is a very important bill. Peo- SHAHEEN, BROWN, CANTWELL, INOUYE, table it, and when I do that, we will not ple cannot have their interest rates KLOBUCHAR, SNOWE, COLLINS, and I be able to have any discussion on this raised without notice. They cannot think others will be joining in support because that motion is not debatable. have their balances double charged. In of this amendment. We have decided to That is why I am speaking about it other words, right now, today, if you offer an amendment that simply says now. But at least we will get on the owed $5,000 on your credit card and you the underlying safeguards for holders record how people feel about this, and cashed in your savings bonds and ev- of personal credit cards should simply I am hoping we can get a substantial erything else and paid $4,500 on that extend to businesses of 50 employees or vote. balance to get it down, under the cur- less, up to $25,000 on their business I have decided that even if it is just rent law, credit card companies can card, because there are many people my vote, and the cosponsors and Sen- still charge you the full interest on who carry a personal card for personal ator SNOWE, at least the small business $5,000. That is wrong. These same com- business. Of course, they may carry a people in America will know there are panies are receiving billions and bil- business card for business-related busi- some people here who understand they lions of taxpayer dollars so they can ness. deserve the minimal protections this turn around and fleece the people who I know we have to give consumers re- bill provides, particularly at this time, are sending them the tax dollars to bail lief, but I am here to say, as the chair- and that in the next year or two, or them out. It is unconscionable, truly. man of the Small Business Committee, three, four, or five—until we get on So the committee acted. They did the if we don’t give our small businesses safe ground—we need to be doing ev- right thing. They extended these pro- some relief, we are not going to have erything we can to help small busi- tections to consumers. an economy to depend on because if we nesses because without them, there But there were some potential juris- are looking for people to create jobs— will be no recovery. It is not the large dictional questions, or perhaps an over- which I think is what the President is businesses that are going to create sight, that the bill does not protect calling on us to do—those jobs are these jobs. They are going to contract. holders of business credit cards. Twen- going to be created by the small busi- They are going to redesign themselves. ty-five years ago, this wouldn’t have nesses of America. That is why in this They are going to contract until things been an issue, because most people who debate the National Federation of Inde- are safe. They are going to poke their were building a business, or financing pendent Businesses—not a bastion of head out of that shell when the way is one, had other avenues of capital. liberalism by any means—is supporting clear. The people who are going to run You can see on this chart the trend this bill, and the American Society of out in the line of fire are the small in credit card use. In 1993, 16 years ago, Travel Agents, the American Beverage businesses these people represent. They 16 percent of business owners said they Licensees, the Consumer Federation of are the ones who are going to say: No, used credit cards to finance their oper- America, the Food Marketing Insti- I am not going down. I am going to ations. In that 16 years, it has gone to tute, the National Association for the hire. I am going to keep moving for- 60 percent—from 16 percent to 60 per- Self-Employed, representing tens of ward because I know my idea is good or cent. It has become a source of capital millions of self-employed individuals— because I know when we come out of and cashflow, a tool, for small busi- and they find it ironic that we say we this recession, I will be able to make it. ness. are trying to get help to the little guy These are the people on whom we will Here again is another chart. We have and we say we are trying to get help build this recovery, and these are the learned this in our hearings we have from Wall Street to Main Street. Yet people who need help today. We don’t had. Sources of small business financ- every time there are amendments on need to study it for 10 years or look at ing in 2009: Credit cards, 59 percent, the floor to actually do that, they it for 5 years. These organizations rep- just about 60 percent; bank loans, 45 never seem to be able to pass. resent the millions of businesses that percent; vendor credit, 30 percent; used I know there are arguments that say: need help today. So on behalf of this no financing—cash or savings—19 per- Well, we don’t know what the effect of coalition, I think the facts are on our cent; private loans through a friend or this amendment will be. I can tell you side. family, 19 percent; and SBA loans, 5 what the effect will be. The small busi- This is not an anti-credit card com- percent. That is an important part, al- nesses in America, the 20 million that pany amendment, this is a pro-small though it is small, which helps to fi- will be affected by this, will say: Thank business amendment. I know people nance. It is long term, I might say; our you for not allowing my rates to go up have to make money. Everybody has to loans are 20, 25, 30 years. Some of these without notice. Thank you for not al- make money. And everybody is trying

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5490 CONGRESSIONAL RECORD — SENATE May 14, 2009 to do what they can. But there is no ex- Senator SNOWE, and the help of, I hope, abuses. However, as drafted, the meas- cuse right now, when small businesses the vast majority of the members of ure would leave small businesses out in have to rely—as I said, 60 percent of our committee, both Democrats and the proverbial cold. Accordingly, the our small businesses—and this is an av- Republicans—I hope we will stand to- amendment we are filing today would erage. In some States, it probably gether to present at that time legisla- extend the protections in both the could be up to 70 percent of small busi- tion that can provide real relief to Truth in Lending Act as well as the bill nesses. In some States, maybe it is small businesses that need all the help we are considering today to any credit below 50 or 45. But it is still a signifi- they can get. card used by the 26.6 million small cant number of businesses using credit We are not asking for artificially low businesses with 50 or fewer employees. cards to help finance their business. rates to be set. We are not asking to tie I would like to thank Senators BROWN, Let’s give them a little help today. credit card companies’ hands in the CANTWELL, COLLINS, CARDIN, INOUYE, So I move to call up and I ask for the event that small businesses renege on KLOBUCHAR and SHAHEEN for cospon- yeas and nays on amendment No. 1079. their payment plans or are late paying. soring our amendment. I further move to table the amend- We are just saying, if you are a busi- Although we will undoubtedly debate ment. ness operating out there and you have how broadly they should be written, The PRESIDING OFFICER. Is there paid your bills on time, you are paying the provisions the CARD Act con- objection? your credit cards, you are meeting templates would provide vital safe- Ms. LANDRIEU. Madam President, I your obligations, that your rates can- guards to consumer credit cards. No withdraw the request, and I ask for not arbitrarily be raised. longer could credit card companies ar- regular order on amendment No. 1079. We understand transactions and con- bitrarily raise interest rates on out- The PRESIDING OFFICER. The tracts between business people. This is standing balances at any time for any amendment is now pending. not the Government stepping in to try reason or increase them on future pur- Ms. LANDRIEU. Madam President, to negotiate. This is simply a level chases without sufficient notice. Unbe- in order for me to get a vote on this playing field between consumers and lievably, the Pew Charitable Trusts in amendment, I am going to have to ask small businesses. its report, Safe Credit Card Standards, for the amendment to be tabled. I Again, because 69 percent of busi- found that ‘‘93 percent of cards allowed would like to ask for the amendment nesses in America today depend on the issuer to raise any interest rate at to be tabled. Of course, I will be voting credit cards to finance their oper- any time by changing the account not to table it and will be asking for ations, I am here to say, and our com- agreement.’’ Should they choose to the yeas and nays. mittee will be back saying to the Mem- carry a balance, once this bill is en- The PRESIDING OFFICER. Is there a bers of the Senate, we must get our acted into law, people will have cer- sufficient second on the motion to eyes on small business, on their access tainty with respect to how much inter- table? to credit, on their ability to survive so est they will pay on their purchases At the moment, there is not. this recovery can take root, and we can and will not go to bed one night think- The motion to table is not debatable. create the kinds of jobs that will be ing they have a 10-percent rate only to Those in favor, say aye. necessary. wake up facing a 32-percent rate. Ms. LANDRIEU. Madam President, I I am sorry because of the time con- Additionally, this bill will prevent suggest the absence of a quorum. straints and the unwillingness of some credit card companies from engaging in The PRESIDING OFFICER. The here to be cooperative. But I thank the other abusive practices, such as ‘‘two- clerk will call the roll. chair of the committee, Senator DODD, cycle’’ billing whereby a company as- The assistant legislative clerk pro- for allowing our committee to have ju- sesses interest not only on the balance ceeded to call the roll. risdiction. I can promise, as the chair for the current billing cycle, but also Ms. LANDRIEU. Madam President, I of that committee, this amendment on the balance for days in the pre- ask unanimous consent the order for will be on the bill when our bill comes ceding billing cycle. Moreover, the bill the quorum call be rescinded. to the floor for consideration and we before the Senate will put an end to The PRESIDING OFFICER. Without will get a vote. If people want to vote schemes that allow credit card compa- objection, it is so ordered. against our amendment—something nies to apply the entirety of a payment Ms. LANDRIEU. Madam President, may not be exact—fine. Let them vote to balances with the lowest interest at this time I would like to remove my against it. But I want the record to be rates and, thereby, help families, which motion to table amendment No. 1079, clear that there are a number of Mem- today have an average credit card bal- but I would like it to remain pending. bers of the Senate, hopefully a major- ance of nearly $10,700 and are strug- The PRESIDING OFFICER. The mo- ity, who believe the same protections gling to stay afloat, emerge from a vi- tion to table is withdrawn. extended to consumers for their credit cious cycle of debt. Finally, we will en- Ms. LANDRIEU. I understand the cards would be extended to businesses sure that customers have 21 days to amendment will still be pending. But in America, small businesses—those pay a bill once it is sent so that they when cloture is invoked, unfortu- with 50 employees or less—with at have sufficient time to make a pay- nately, this amendment is going to fall least a $25,000 limit on their credit ment. because it is not germane to the bill so card. It is not going to be every busi- While this legislation would take we will not be able to have a vote on ness in America that will get covered, great strides to shield consumers from this amendment, which was my hope. but it is the small businesses that are abusive practices, it does not extend But because of time constraints and be- having the most difficult time. these safeguards to our Nation’s small cause of the difficulty of getting Mem- I yield the floor. business owners who use credit cards to bers to the floor for the procedures Ms. SNOWE. Madam President, I rise purchase goods and services, make pay- that we would have to go through to today to join my good friend Senator roll, and ultimately create 75 percent have a vote, I am happy to report that LANDRIEU, the chair of the Senate Com- of this Nation’s net new jobs. The fact the chairman of the committee has mittee on Small Business and Entre- is according to the National Federation agreed to allow our committee, Small preneurship, on an amendment address- of independent Business’—NFIB’s—Ac- Business, to have jurisdiction over this ing a key deficiency in the Dodd-Shel- cess to Credit poll published in 2008, 85 matter. by substitute, or Credit Card Account- percent of small business owners have We will, in the next few weeks, be ability Responsibility and Disclosure— one or more credit cards that they use putting together a bill on the Small CARD—Act, currently pending before for business purposes. NFIB data also Business Administration Reauthoriza- the body. revealed that 74 percent of small busi- tion, which we have to do by matter of I congratulate Senate Banking, ness owners use at least one business course and responsibility. I appreciate Housing, and Urban Affairs Committee credit card, while 39 percent use at Senator DODD agreeing to acquiesce to Chairman DODD and Ranking Member least one personal card. allow our committee to have jurisdic- SHELBY for their stalwart efforts to Yet the bill before the Senate amends tion over this narrow matter. I intend, bring this critical bill to the floor to the Truth in Lending Act, which ap- with the help of my ranking member, protect consumers from credit card plies only to ‘‘consumer’’ transactions

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 14, 2009 CONGRESSIONAL RECORD — SENATE S5491 that are defined as ‘‘one in which the percent of small businesses were given Reinvestment Coalition, National Con- party to whom credit is offered or ex- less than three weeks notice to make a sumer Law Center, on behalf of its low tended is a natural person, and the credit card payment on at least one oc- income clients, Petroleum Marketers money, property, or services which are casion, providing compelling evidence Association of America, Service Em- the subject of the transaction are pri- that action must be taken. ployees International Union, U.S. His- marily for personal, family, or house- I would also like to mention that panic Chamber of Commerce, U.S. hold purposes.’’ The measure does not other survey results bolster the NFIB’s PIRG, and the U.S. Women’s Chamber protect our Nation’s small business conclusions. For example, the NSBA’s of Commerce. owners—many of whom, as I just men- 2009 Small Business Credit Card Survey I ask my colleagues to join us and tioned—utilize credit cards to finance found that 57 percent of small business the groups I have just mentioned to routine transactions. owners reported receiving their bill too support this targeted and common- First and foremost, the protections close to the due date to mail it and sense amendment that would allow en- in the bill would not extend to entre- have it be received on time. Incredibly, trepreneurs to focus on what they do preneurs who make purchases for their 33 percent of respondents reported re- best; namely, creating new jobs. enterprises using a small business cred- ceiving their credit card statement The PRESIDING OFFICER. The Sen- it card. Even more troubling is that, in after its due date! That practice is sim- ator from New Mexico is recognized. many cases, the small business credit ply outrageous, and it must be stopped! Mr. UDALL of New Mexico. Madam cards are, like consumer cards, issued To ensure that small businesses are President, I thank Chairman DODD for based on the personal credit history of not shortchanged and are adequately his hard work on this legislation. He the card holder. Thus, although the protected, the amendment Senator deserves a great deal of applause and two types of cards are in many in- LANDRIEU and I are offering today congratulations for putting the issue stances indistinguishable, two different would amend the definition of ‘‘con- on Congress’ agenda and for producing sets of rules and protections can apply. sumer’’ in the Truth in Lending Act to a very strong bill. Second, and although there is some include any small business having 50 or Nobody in this body or in this coun- debate among experts on this point, fewer employees. Accordingly, our try needs to be told about the effect of there is concern that the safeguards in amendment would have two beneficial subprime mortgages on America’s fam- the CARD Act may not apply if an in- effects: ilies. We have seen the impact that dividual made a significant amount of First, it would extend all of the safe- unsustainable mortgage debt has had business purchases on a consumer cred- guards in the bill before us to small on our economy, and we know the pain it card. The reason is that the Truth in businesses with 50 or fewer employees it has caused. But while mortgage debt Lending Act only protects purchases regardless of whether they use a con- grew by 200 percent over a quarter cen- made on consumer cards primarily for sumer of business credit card to make tury, credit card debt grew by more personal, family, or household pur- purchases. Small businesses would, than 350 percent. Studies suggest that poses, and it is unclear at what point therefore, be free from worries about credit card debt plays an even larger businesses purchases would cease to any time interest rate increases and role than mortgages in causing per- qualify for protections if made on con- other abuses from which Americans sonal bankruptcies. sumer credit cards. To protect small have suffered from for far too long. Even the explosion in mortgage debt businesses with 50 or fewer employees, Second, the bill would extend protec- has a lot to do with credit cards. Many the Senate should clarify that pur- tions already included in the Truth in Americans took predatory mortgages chases made on behalf of an enterprise Lending Act to small businesses. As a because they needed a way out of the using a consumer card will receive the result, irrespective of whether they use massive credit card debt. A mortgage protections in this bill. a consumer or business card, our small might have done them in, but their Omitting 26.6 million of this Nation’s firms would now be entitled to receive story started with a credit card. job-creating small businesses from meaningful disclosures that will enable Credit card debt is more than an eco- credit card protections could have ex- them to understand the terms of credit nomic issue, it is a families issue and a tremely serious consequences, particu- being offered and to compare one credit children issue. The explosion in credit larly at a time in which we are count- product to another. Such required dis- card debt has taken a toll on all Ameri- ing on our small employers to lead us closures include the finance charge, an- cans, but children have been hit the out of the most devastating economic nual percentage rate, any charges that hardest. In 2004, families with minor recession since the Great Depression. may be imposed, and a statement of children were more than three times as Indeed, as Todd McCracken, the presi- billing rights. Our entrepreneurs likely to file for bankruptcy as their dent of the National Small Business should be focused on creating jobs in- childless friends, and more children Administration, NSBA, testified on stead of having to try to navigate very lived through their parents’ bank- March 19 before the Senate Committee complicated credit card terms that are ruptcy than their parents’ divorce. on Small Business and Entrepreneur- buried in fine print. We know bankruptcy has a dev- ship, on which I serve as ranking mem- America’s small businesses—the en- astating impact on families. Children ber, the credit card companies are gine that drives our Nation’s econ- in bankrupt families lose the comfort abusing small firms. In fact, Mr. omy—deserve to be protected from po- of a stable home. They can lose their McCracken wrote in his testimony, tential credit card abuses that could ability to go to college. They might ‘‘Imagine trying to run a business cripple their operations. Their business even lose more. Credit counselors re- when one’s carefully-constructed busi- plans should no longer be subject to port that families struggling with ex- ness plan is upended by a retroactive the whims and arbitrary rate increases cessive debt are more likely to experi- interest rate hike. How can a small- of the credit card companies. ence domestic abuse. business owner be expected to main- In closing, I am pleased to report The explosion in credit card debt in tain—let alone grow—her business that the following organizations have this country was not the result of reck- when the capital she has already used endorsed the Landrieu-Snowe amend- less spending by American families. is no longer subject to the 12 percent ment: the National Federation of inde- Family spending on luxuries is roughly interest rate she agreed to but an egre- pendent Business, National Small Busi- what it was 30 years ago. The face of giously punitive 32 percent?’’ ness Association, American Beverage debt in this country is not an irrespon- These abuses are not just isolated in- Licensees, American Society of Travel sible teenager but is a mother in over cidents; they really do occur. To quan- Agents, Center for Responsible Lend- her head. Nor is our debt problem sim- tify what small businesses are facing, ing, Consumer Action, Consumer Fed- ply a matter of supply and demand. the NFIB’s Credit Card survey found eration of America, De¯mos: A Network American consumers have not suddenly that excluding cases involving an in- for Ideas & Action, Food Marketing in- decided they liked high fees, harsh pen- troductory offer, 20 percent of small stitute, National Association of College alties, and skyrocketing interest rates. business owners saw the interest rate Stores, National Association for the These expensive provisions are hidden on their outstanding balances in- Self-Employed, National Association of in the fine print of card applications creased at least once. Furthermore, 25 Theatre Owners, National Community mailed to vulnerable communities.

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5492 CONGRESSIONAL RECORD — SENATE May 14, 2009 Card companies call this outreach. I was well intentioned. I know there already passed, that we all benefit in call it deception. were good reasons, good national rea- certain ways, to let us in the State of The reforms we are considering will sons and good financial reasons and a Arkansas have the full benefit. The not disrupt the system. They cannot lot of good reasons to do that. How- Governor supports this, and members stop credit card companies from pro- ever, what that act did is it preempted of the legislature support this. They viding credit. Any company that wants the Arkansas State Constitution by have asked us to do this for the people to help consumers live within their permitting in-state banks to charge of the State of Arkansas. means has nothing to fear from this the same rate of interest as the home People need to understand what this legislation. Any company that wants State of any out-of-State bank that amendment will do. It will permit the to offer a service to American con- has a branch in that State. It was not current interest rate not to exceed— sumers has nothing to fear. But if you specifically designed for or against Ar- once this is passed, the interest rate are planning to mislead consumers, kansas, but it was in the bill, it was in cannot exceed 17 percent. We are not this bill will stop you. If you are plan- the law, and it has been the law since talking about taking the usury rate ning to offer low rates and charge high 1999. What that did is it, in effect, na- completely out of our State law; we are ones, we will stop you. If you are plan- tionalized the usury rate for banks. Ar- talking about giving us some tem- ning to trick customers into paying kansas banks can now charge a higher porary relief, up to 17 percent. Again, fees and penalties, we will stop you. If interest rate than they could before when it comes to some of the financing you are planning to profit from the Gramm-Leach-Bliley. vehicles, such as student loans and misery of American families, we will The injustice occurs when you look bonds of various types, this is crucial stop you. Frankly, it is about time. at the lending institutions that are not to letting investment happen in our Before I close I wish to quickly ad- banks—maybe the State Student Loan State. dress an amendment offered by the sen- Authority, maybe captive finance com- There is precedent for this. Congress ior Senator from Colorado. The amend- panies, maybe other types of lenders enacted, several years ago, laws that ment requires that Americans request- that are not banks. What has happened preempted Arkansas’ usury provision ing their credit report also receive is it has worked a hardship, and some for, as I mentioned before, the banking their credit score. For 6 years, credit of those lenders cannot do business in industry and for some other businesses. agencies have violated the intent of Arkansas; they cannot afford to. So So we have done this before. Again, I Congress by failing to provide this in- many small businesses, family-owned am not sure those laws just affected formation. Legislation passed 6 years businesses such as car dealers and fur- Arkansas; they probably affected a lot ago required them to provide one credit niture retailers, cannot finance their of States. But basically, right now Ar- report each year for free, but these goods to Arkansas consumers. The Ar- kansas is the only State left that needs credit reports do not have to include kansas consumer, if they can do it, some relief under the current situation the one piece of information that is maybe goes to a bank or a credit union in which we find ourselves. crucial and easiest to understand—the or some other lending institution, in The way it works right now, to let customer’s credit score. The Mark many cases paying a pretty high inter- you all know, in our State, the limit Udall amendment will help Americans est rate in order to get the money to do for usury—an interest rate in our State manage their credit without burdening business. This hurts the Arkansas busi- is 5.5 percent. And 5.5 percent is a very credit agencies or anybody else. It is a ness community. It hurts the Arkansas low rate. It is a historically low rate. good idea. I support it. I encourage all economy. But it is because the Fed rate and some my colleagues to support it. Right now, what has happened is, of the other things have gone so low. I yield the floor. given the stimulus bill—there are Our rate is tied to those Fed rates, I suggest the absence of a quorum. many financing tools in the stimulus those national rates. Again, in a good The PRESIDING OFFICER. The bill for constructing roads and schools, economy, in most years that makes clerk will call the roll. for building renewable energy projects, sense, but right now it does not. The bill clerk proceeded to call the the Build America Bonds, et cetera. So what Senator LINCOLN and I are roll. But Build America Bonds are not avail- respectfully asking our colleagues to Mr. PRYOR. Mr. President, I ask able in our State because of the lack of do is support her amendment, allow it unanimous consent that the order for competitiveness in the bond market. to become law, allow Arkansas this the quorum call be rescinded. Again, it is our interest rate. temporary relief, not just to benefit The PRESIDING OFFICER (Mr. Given the financial times we are in, from the stimulus bill we have already BEGICH.) Without objection, it is so or- we find we are put at a disadvantage. passed but also to benefit from—or at dered. No one intended this. Congress never least find some relief in this very tight Mr. PRYOR. Mr. President, I ask did, the White House never did, the economy, to ease some credit in our unanimous consent to speak for 10 min- Congress back in 1999 did not want this State, to help the recovery in our State utes as in morning business. to happen. But it is where we find our- as we are hoping to find in every other The PRESIDING OFFICER. Without selves today. State in the Union. objection, it is so ordered. The people of Arkansas have once With that, I ask that when we do AMENDMENT NO. 1124 again decided to put this issue on the vote on the Lincoln amendment, we Mr. PRYOR. Mr. President, I rise to ballot, and they are going to do it. It would all support it and that we would offer my support for the amendment on has been referred out to the people. help relief come to all 50 States, not usury from my colleague from Arkan- The legislature made that decision. It just 49 States. Again, this is tem- sas, Senator LINCOLN. As some of you is on the ballot. The problem is, it is porary. It caps the interest rate at 17 know—not all but some of you—Arkan- not until November 2010. So we have a percent, which by most standards is a sas has a very strict usury limit in its year and a half to try to struggle very reasonable cap. It is something State constitution, and it is been there through this economy with this very that will allow the credit to flow in our for a long time. In fact, it used to be difficult, very adverse usury limit in State and will allow student loans, the even more restrictive. Back in the our State. Build America Bond Program to have 1980s, the people went to the ballot box, What we are asking, what Senator the full effect they need to have here in and they changed the constitution and LINCOLN and I are asking, given this Arkansas. made it much less restrictive than it amendment, is that we get temporary With that, I thank my colleagues for was originally, but it is still very re- relief only through November 2010. their attention. strictive by national standards. But This is just about an 18-month fix, to Mrs. FEINSTEIN. Mr. President, I what has happened nationally has give us some relief during this time, rise today on behalf of myself and Sen- changed things in Arkansas and put get the credit flowing in our State the ators CORKER, CASEY, GRASSLEY, Arkansas at a disadvantage. way it has been able to flow in other KERRY, LEVIN, MENENDEZ, and KOHL, to I know there have been bills here like States, and let us take advantage of speak about our amendment to the Gramm-Leach-Bliley Financial the stimulus bill, the stimulus pack- strengthen the underlying bill’s protec- Modernization Act in 1999. I know it age, the America Recovery Act we have tions for young consumers, and help

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 14, 2009 CONGRESSIONAL RECORD — SENATE S5493 address the growing problem of college With credit card companies aiming When used responsibly, credit cards student indebtedness. their marketing more and more at stu- are convenient, and provide purchasing During this severe economic crisis dents, we are seeing colleges and uni- power that otherwise may not be avail- and credit crunch, many Americans— versities increasingly entering partner- able. especially college students with lim- ship agreements with these companies. But many students begin using credit ited incomes—find themselves relying These agreements produce millions cards with highly unfavorable terms, on credit cards more than ever before. in revenue for colleges and univer- and end up ruining their credit. Our amendment will place common- sities, while banks get exclusive mar- Shining a light on the agreements be- sense restrictions on credit card mar- keting access and student contact in- tween universities and credit card keting to college students; provide for formation. issuers not only makes good sense. It increased transparency in university As State funding shrinks for public may also act as a deterrent to deals marketing deals with credit card universities, such deals grow. with highly unfavorable terms for stu- issuers; and, protect students from We don’t know much about the dents. some common credit traps. agreements between credit card compa- Parents, students and the public This amendment achieves four essen- nies and universities. But we do know should be aware of what kind of deals tial objectives. It will: (1) prohibit that schools often receive large cash are in place and why they exist. credit card companies from offering payments in exchange for providing Also, this amendment will address gifts to students in exchange for com- students’ personal information, includ- the incentive of the free gift for signing pleting credit card applications; (2) re- ing permanent addresses, e-mail ad- up for a credit card. Too often, stu- quire universities to publicly disclose dresses and phone numbers. dents sign up for credit cards to receive marketing agreements made with cred- This enables companies to target stu- a free gift, and then have difficulty it card issuers; (3) require credit card dents with precision. canceling the card, or may face hidden Some contracts even pay universities companies to report how much money fees and charges. if students have a balance on the card they are giving to schools and alumni I urge my colleagues to join us in after 12 months, which suggests some associations through these agreements, putting in place these commonsense re- universities stand to profit from the and what they receive from the univer- strictions to protect college students debt carried by their students. sities in exchange; and, (4) call upon across this Nation. the Government Accountability Office The sheer scale of these contracts is astounding: Michigan State has an $8.4 Mr. President, I would like to say a to study the extent of these deals and word about the minimum payment dis- their impact on student credit card million contract with Bank of Amer- ica; and, the University of Tennessee closure provisions in this bill. debt. When we considered the Bankruptcy The growing reliance of college stu- has a $10 million contract with Chase. Bank of America has agreements Abuse Prevention and Consumer Pro- dents on credit cards, and the stag- tection Act in 2005, we said that our gering credit card debt that many stu- with nearly 700 colleges and alumni as- goal was to balance fairness, and re- dents accumulate by the time they sociations. sponsibility. I agreed with this goal, graduate, underscores the need for this Virtually every major university but in the end, I voted against the bill amendment. boasts a multimillion-dollar affinity According to a report released earlier relationship with a credit-card com- because I did not believe it achieved this year by Sallie Mae: 84 percent of pany. that balance. all undergraduates have at least one It is vital that schools make these Since that time, I have continued to credit card; the average student has agreements public. say that we need to do more to protect more than four credit cards; 9 out of 10 Colleges should not encourage their Americans from abusive credit prac- college students use credit cards for di- students to sign up for products with tices and to ensure that consumers rect educational expenses, and 30 per- high interest rates and fees that could have the information they need to cent charge some tuition to their get them bogged down in debt. make good, informed financial deci- These arrangements can get stu- cards; the average balance for these sions. dents, who are just starting out, into students is $3,173—and 82 percent of In every Congress since 2005, I have deep trouble that can stay with them college students carry a balance each introduced a bill to require credit card for decades. companies to disclose what the real fi- month which requires them to pay fi- This is shameful. nance charges. Nearly one in five col- nancial effects are when a consumer The underlying bill provides much- makes only the minimum monthly lege seniors hold $7,000 or more in cred- needed safeguards for young con- it card debt. payment on her credit card balance sumers, who too often do not have the each month. A study by U.S. Public Interest Re- financial knowledge and experience to search Group found that college stu- I am very pleased that Senators manage their credit wisely. DODD and SHELBY have included simi- dents’ credit card balances have soared I commend Chairman DODD and 134 percent in the past 10 years. lar provisions in the credit card bill Ranking Member SHELBY for their that we are considering today. The study also found that 76 percent leadership in crafting this well-bal- of college students reported stopping at The bill requires that all credit card anced legislation. statements include a general warning a table on or near campus advertising Under this bill, issuers are required about the effects of making minimum credit cards, and that nearly a third of to obtain a cosigner or income verifica- payments, personalized information students were offered a free gift in ex- tion for anyone under age 21 that ap- showing a cardholder exactly how change for signing up. plies for a credit card. Credit card companies lure cash- And, prescreened offers of credit to much it will cost and how long it will strapped students with all kinds of of- young consumers under age 21 will be take to pay off their balance if they fers. Free food. T-shirts—the most- limited. make only the minimum payment each common inducement. Frisbees. Candy. Issuers also will not be allowed to in- month, and a phone number that con- Even iPods. All for filling out a credit crease the credit limit on accounts sumers can call to get a reliable credit card application. where a cosigner—such as a parent or counseling referral. More than a dozen States currently guardian—is liable unless the cosigner I am confident that these warnings restrict credit card marketing on col- authorizes the increase. will make a significant difference for lege campuses. These provisions will play an impor- consumers. In California, credit-card marketers tant role in protecting college stu- I think we are all familiar with min- can’t lure students with free gifts; in dents, and all young consumers, from imum monthly payments—this is the Oklahoma, colleges can no longer sell deceptive practices. amount listed at the top of your credit student information for credit-card Our amendment will enhance these card statement that you have to pay marketing purposes; and, in Texas, on- protections. each month to avoid a fee. campus credit-card marketing may Developing good credit is essential, What people are less familiar with only occur on limited days in certain and it is difficult to develop good cred- though, is the effect of these minimum locations. it without holding credit cards. payments.

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5494 CONGRESSIONAL RECORD — SENATE May 14, 2009 Let me give you an example. In No- The bill clerk proceeded to call the economic recovery efforts now being vember 2008, according to USA Today, roll. implemented. the average American had $10,678 in Mr. REID. Mr. President, I ask unan- I want to once again commend Sen- credit card debt. imous consent that the order for the ator GRASSLEY, our lead cosponsor, for Now let’s take a family holding that quorum call be rescinded. his leadership at every stage in this amount of debt at this week’s average The PRESIDING OFFICER. Without process. He helped to write this legisla- interest rate of 10.78 percent. If that objection, it is so ordered. tion and to manage it on the Senate family consumer made only a 2 percent Mr. REID. Mr. President, I ask unan- floor, where it ultimately passed 92 to minimum payment on their bill each imous consent that no further amend- 4. He also worked tirelessly to make month, it would take them over 28 ments be in order, except a managers’ important and difficult compromises years and a total of $19,144 to pay that amendment, which has been cleared by with Senate and House leaders, which card off. And that is assuming they the managers and leaders, and that at was crucial to crafting a consensus a didn’t ever charge another penny to 10 a.m. Tuesday, May 19, the Senate re- bill that could pass both Houses. He the card—no cash advances, no gas pur- sume consideration of H.R. 627, and has once again proven his dedication to chases, no trips to the mall. proceed to vote on the motion to in- protecting taxpayer funds by deterring, In the end, the consumer would have voke cloture on the Dodd-Shelby sub- investigating, and prosecuting fraud. paid $8,466 in interest on slightly over stitute amendment No. 1058; that if clo- I thank Majority Leader HOYER and $10,000 in debt. ture is invoked on the substitute the House leadership, as well as Chair- And 10.78 percent is a relatively low amendment, then the Senate proceed man CONYERS, Ranking Member SMITH rate for many Americans. Interest to consider any pending germane and Congressmen BERMAN and SCOTT rates around 20 percent are not uncom- amendments; that upon disposition of on the House Judiciary Committee, for mon, and penalty interest rates can those amendments, all postcloture working with us to promptly pass this reach as high as 32 percent. time be yielded back; the substitute bill in the House with minimal changes Consumers need to know how these amendment, as amended, be agreed to, and a number of helpful additions. The amounts add up. new ranking member of the Senate Ju- Let me tell you one more troubling the bill, as amended, be read a third diciary Committee, Senator SESSIONS, thing about minimum payments. In time, and the Senate then proceed to was also very important and supportive December, the Economist reported on a vote on passage of the bill; that the cloture motion with respect to H.R. 627 in those negotiations. study done on these requirements. I thank our many cosponsors for In the study, a psychologist at a Brit- be withdrawn. their steadfast support for this effort. ish university gave 413 people fake The PRESIDING OFFICER. Without Senators KAUFMAN and KLOBUCHAR credit card bills. All of the bills said objection, it is so ordered. have worked particularly hard to en- the person owed about $650 total, but f sure that this important fraud enforce- half of them listed a minimum pay- FRAUD ENFORCEMENT AND ment bill becomes law, and I thank ment of around $8. The other half made RECOVERY ACT OF 2009 them for their efforts. Senator KAUF- no mention at all of a minimum pay- MAN has spoken and written about the ment. Mr. REID. Mr. President, I ask unan- need for fraud enforcement all year. We What the study found was that when imous consent that the Chair lay be- have been joined by a growing bipar- the minimum amount was listed, peo- fore the Senate a message from the tisan group of cosponsors that now ple were inclined to pay less of their House with respect to S. 386, the Fraud stands at 28. And I thank our majority total bill. In fact, among people who Enforcement and Recovery Act. leader and our underappreciated cloak- chose not to pay their full balance, There being no objection, the Pre- room and floor staff for all that they people paid 43 percent less when they siding Officer laid before the Senate have done on this bill. saw a minimum payment amount on the following message from the House Mortgage fraud has reached near epi- their bill. of Representatives: demic levels in this country. Reports of Behavioral economists describe this Resolved, That the bill from the Senate (S. mortgage fraud are up 682 percent over as a ‘‘nudge’’: By showing the min- 386) entitled ‘‘An Act to improve enforce- the past 5 years, and more than 2800 imum amount, the statement ment of mortgage fraud, securities fraud, fi- percent in the past decade. And mas- ‘‘nudged’’ the consumer to pay less nancial institution fraud, and other frauds sive, new corporate frauds, like the $65 than he or she would have otherwise. related to federal assistance and relief pro- Now obviously, this is good for the grams, for the recovery of funds lost to these billion Ponzi scheme perpetrated by frauds, and for other purposes’’, do pass with Bernard Madoff, are being uncovered as credit card company—the consumer amendments. ends up paying less each month but the economy has turned worse, expos- more in interest over time, and that’s Mr. LEAHY. Mr. President, today, ing many investors to massive losses. how the credit card companies make the Senate has passed the bipartisan We can now finally take action to bet- their profits. Fraud Enforcement and Recovery Act ter protect the victims of these frauds. But this is terrible for consumers, of 2009, S.386. This bill will soon be sent These victims include homeowners who who can end up underwater, with huge to the President to be signed into law. have been fleeced by unscrupulous balances owed, and not understand how The House passed this bill over- mortgage brokers who promise to help they got there. whelming just last week. This bill is a them, only to leave them unable to People need to know the effects of major step toward holding accountable keep their homes and in even further making minimum monthly payments, those who have caused so much damage debt than before. They include retirees and this bill will finally require credit to our economy. It will also help pro- who have lost their life savings in card companies to show them. tect our economic recovery efforts stock scams and Ponzi schemes, which I believe the disclosure requirements from the scourge of fraud. have come to light as the markets have in the bill will go a long way toward Our bill will strengthen the Federal fallen and corporations have collapsed. helping consumers make good financial Government’s capacity to investigate They also include American taxpayers decisions and helping them to avoid and prosecute the kinds of financial who have invested billions of dollars to ending up in bankruptcy. So I want to frauds that have so severely under- restore our economy, and who expect commend my colleagues, Senator DODD mined our economy and hurt so many us to protect that investment and and Senator SHELBY, for their hard hard-working people in this country. make sure those funds are not ex- work on the bill before us today. These These frauds have robbed people of ploited by fraud. warnings have been a long time in com- their savings, their retirement ac- This legislation will immediately ing, and I will be very pleased to see counts, their college funds for their give Federal law enforcement agencies them enacted into law. children, and their equity and have the tools and resources they need to I yield the floor, and I suggest the ab- cost too many people their homes. The combat fraud effectively. In the last 3 sence of a quorum. bill will help provide the resources and years, the number of criminal mort- The PRESIDING OFFICER. The legal tools needed to police and deter gage fraud investigations opened by clerk will call the roll. fraud and to protect taxpayer-funded the Federal Bureau of Investigation,

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 14, 2009 CONGRESSIONAL RECORD — SENATE S5495 FBI, has more than doubled, and the as well as the strong backing of the turn through fraudulent acts in finan- FBI anticipates that number may dou- Justice Department and the Obama ad- cial markets and the housing market ble yet again. Despite this increase, the ministration. As explained in the are held to account. That is why the FBI currently has fewer than 250 spe- Statement of Administration policy: Fraud Enforcement and Recovery Act cial agents nationwide assigned to fi- The Administration strongly supports en- is so needed. nancial fraud cases, which is only a actment of S. 386. Its provisions would pro- The bill has also received the support quarter of the number the Bureau had vide Federal investigators and prosecutors of the Fraternal Order of Police, the more than a decade ago at the time of with significant new criminal and civil tools Federal Law Enforcement Officers As- the savings and loan crisis. At the cur- and resources that would assist in holding sociation, the National Association of rent levels, the FBI cannot even begin accountable those who have committed fi- Assistant United States Attorneys, the nancial fraud. to investigate the more than 5000 mort- Association of Certified Tax Exam- gage fraud allegations referred by the Strengthening fraud enforcement is a iners, and Taxpayers Against Fraud. It Treasury Department each month. key priority for President Obama. Dur- was strongly endorsed by an editorial In the late 1980s and early 1990s, Con- ing the campaign, President Obama in The New York Times on April 18, gress responded to the collapse of the promised to ‘‘crack down on mortgage 2009. federally insured savings and loan in- fraud professionals found guilty of I thank Senators for joining with us dustry by passing legislation similar to fraud by increasing enforcement and to take decisive action to protect the bill we consider today, to hire pros- creating new criminal penalties.’’ And American families and our economy ecutors and agents. While the current the President made good on this prom- from fraud. financial crisis dwarfs in scale to the ise in his budget to Congress by calling Mr. REID. Mr. President, I ask unan- savings and loan collapse, we are for additional FBI agents ‘‘to inves- imous consent that the Senate concur poised to once again take decisive ac- tigate mortgage fraud and white collar in the House amendment with the tion. crime,’’ as well as hiring more Federal amendment which is at the desk; and At its core, the Fraud Enforcement prosecutors and civil attorneys ‘‘to that the motion to reconsider be laid and Recovery Act authorizes the re- protect investors, the market, and the upon the table; further, that the Sen- sources necessary for the Justice De- Federal Government’s investment of ate then concur in the title amend- partment, the FBI, and other inves- resources in the financial crisis, and ment. tigative agencies to respond to this cri- the American public.’’ The initial Sen- The PRESIDING OFFICER. Is there sis. In total, the bill authorizes $245 ate-passed recovery package included objection? million a year over the next 2 years to additional money for the FBI for this Without objection, it is so ordered. hire more than 300 Federal agents, purpose, but it was cut during the ne- The amendment (No. 1128) was agreed more than 200 prosecutors, and another gotiations that led to its passage. This to, as follows: 200 forensic analysts and support staff bill, the bipartisan Fraud Enforcement (Purpose: To modify the provision relating to rebuild our Nation’s ‘‘white collar’’ and Recovery Act, is our chance to au- to the issuance of subpoenas) fraud enforcement efforts. While the thorize the necessary additional re- On 31, line 13, after ‘‘the Commission’’ in- number of fraud cases is now sky- sources to detect, fight and deter fraud sert ‘‘, including an affirmative vote of at rocketing, we need to remember that that robs the American people and least one member appointed under subpara- graph (C) or (D) of subsection (b)(1)’’. resources were shifted away from fraud American taxpayers of their funds. investigations after 9/11. Today, the Strong support from the President and The title was amended so as to read: ranks of fraud investigators and pros- the Justice Department has been inte- ‘‘An Act to improve enforcement of mort- gage fraud, securities and commodities ecutors are drastically understocked, gral to making progress on this impor- and thousands of fraud allegations are fraud, financial institution fraud, and other tant bill. frauds related to Federal assistance and re- going unexamined each month. We This is and has been bipartisan legis- need to restore our capacity to fight lief programs, for the recovery of funds lost lation. Our cosponsors and our sup- to these frauds, and for other purposes.’’. fraud in these hard economic times, porters in both Houses of Congress f and this bill will do that. come from across the political spec- Fraud enforcement is an excellent in- trum—Democrats, Republicans, and WEAPONS ACQUISITION SYSTEM vestment for the American taxpayer. Independents. What we share is a com- REFORM THROUGH ENHANCING According to recent data provided by TECHNICAL KNOWLEDGE AND the Justice Department, the govern- mitment to fight fraud and the horrible costs it is imposing on hard-working OVERSIGHT ACT OF 2009 ment recovers more than $20 for every Mr. REID. Mr. President, I ask unan- dollar spent on criminal fraud litiga- Americans. I believe that our efforts are supported by most Americans. No imous consent that the Chair lay be- tion. Strengthening criminal and civil fore the Senate a message from the fraud enforcement is a sound invest- one should want to see taxpayer money intended to fund economic recovery ef- House on S. 454. ment, and this legislation will not only There being no objection, the Pre- pay for itself, but will bring in money forts diverted by fraud. No one should want to see those who engaged in mort- siding Officer laid before the Senate for the Federal Government. the following message from the House In addition, the Fraud Enforcement gage fraud escape accountability. Law of Representatives: and Recovery Act makes a number of enforcement agencies desperately need straightforward, important improve- the resources and tools in this legisla- Resolved, That the House insist upon its amendment to the bill (S. 454) entitled ‘‘An ments to fraud and money laundering tion. During these first months of the Act to improve the organization and proce- statutes to strengthen prosecutors’ dures of the Department of Defense for the ability to combat this growing wave of year, the Judiciary Committee has acquisition of major weapon systems, and for fraud. It also strengthens one of the concentrated on what we can do legis- other purposes.’’, and ask a conference with most potent civil tools we have for latively to assist in the economic re- the Senate on the disagreeing votes of the rooting out fraud in government—the covery. Already we have considered two Houses thereon. False Claims Act. The Federal Govern- and reported this fraud enforcement Mr. REID. Mr. President, I ask unan- ment has recovered more than $22 bil- bill, the patent reform bill, and worked imous consent that the Senate disagree lion using the False Claims Act since it to ensure that law enforcement assist- to the House amendment, agree to the was modernized through the work of ance was included in the economic re- request for a conference on the dis- Senator GRASSLEY in 1986, but this bill covery legislation. agreeing votes of the two Houses, and will make the statute still more effec- The recovery efforts are generating that the Chair be authorized to appoint tive. In fact, the amendments the signs of economic progress. That is conferees, and that the Senate Armed House made to the bill, after extensive good. That is necessary. But that is not Services Committee be appointed as input from Senator GRASSLEY and Con- enough. We need to make sure that we conferees. gressman BERMAN, strengthen the are spending our public resources wise- The PRESIDING OFFICER. Without False Claims Act further still. ly and that they are not being dis- objection, it is so ordered. The Fraud Enforcement and Recov- sipated by fraud. We need to ensure The Presiding Officer appointed Mr. ery Act has broad bipartisan support, that those responsible for the down- LEVIN, Mr. KENNEDY, Mr. BYRD, Mr.

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5496 CONGRESSIONAL RECORD — SENATE May 14, 2009 LIEBERMAN, Mr. REED, Mr. AKAKA, Mr. I cannot think of a better message to HONORING THE NATION’S PUBLIC NELSON of Florida, Mr. NELSON of Ne- the American people. I say that while SERVANTS braska, Mr. BAYH, Mr. WEBB, Mrs. my colleagues and the President would Mr. AKAKA. Mr. President, I rise MCCASKILL, Mr. UDALL of Colorado, like a bill, the people we represent today to commemorate this Nation’s Mrs. HAGAN, Mr. BEGICH, Mr. BURRIS, need a bill to provide economic relief many dedicated public servants. Mr. MCCAIN, Mr. INHOFE, Mr. SESSIONS, for them. That was the design of this As we confront the global outbreak Mr. CHAMBLISS, Mr. GRAHAM, Mr. legislation—to provide needed eco- of the 2009 influenza H1N1 virus, public THUNE, Mr. MARTINEZ, Mr. WICKER, Mr. nomic relief for millions of Americans, servants are on the front lines in a co- BURR, Mr. VITTER, and Ms. COLLINS who have watched rates and fees go ordinated Federal, State, and local conferees on the part of the Senate. through the ceiling. government response, working to pro- f This bill is not going to solve every vide the public with accurate, real time ORDER OF BUSINESS economic problem. For the first time information to reduce the possibility of further infection. At our borders and Mr. REID. Mr. President, there will that I know of in the history of the Congress, despite these cards being ports, Federal employees are moni- be no votes until Tuesday morning. toring incoming visitors for signs of ill- I suggest the absence of a quorum. available for half a century and more, ness. State and local health officials The PRESIDING OFFICER. The in some cases, we are taking a step to are monitoring, testing, and treating clerk will call the roll. reform an industry that, frankly, has The assistant legislative clerk pro- gotten out of control when it comes to people with suspected cases of the flu ceeded to call the roll. fees and rates, as we have witnessed virus. Mr. DODD. Mr. President, I ask unan- with 70 million accounts having inter- This effort is one of the many con- imous consent that the order for the est rates raised in the last couple of tributions hardworking, talented gov- quorum call be rescinded. years, and one out of every four fami- ernment employees make to improve The PRESIDING OFFICER. Without lies being adversely affected. our lives every day. They deliver our objection, it is so ordered. mail, care for our veterans, guard our Every member of the Chamber can prisons, protect our borders and com- f tell an anecdote about constituents munities, defend our country, and edu- CREDIT CARDHOLDERS’ BILL OF who have faced difficulties with credit cate our children. They influence the RIGHTS ACT OF 2009 card fees and interest rate hikes. I lives of people around the world as dip- Mr. DODD. Mr. President, before the think we are all pleased that we are fi- lomats, promoting peace, prosperity, leaders leave the floor, I thank the ma- nally doing something in a meaningful and democracy in conflicted regions, jority leader and the Republican leader way on this. It is not the end of the dis- and providing critical assistance to de- for their tremendous help in putting cussion. veloping and impoverished commu- this agreement together. I look for- There are a lot of other aspects of the nities. ward to a favorable vote on Tuesday. I industry that need reform as well. My In honor of these and many other un- wanted them to know how much I and colleagues are anxious to get to those, sung activities of public servants, I of- the consumers in this country appre- including the interchange issue, which fered an annual resolution, S. Res. 87, ciate immensely the work of the lead- retailers have talked to me about for which unanimously passed the Senate ers. I thank, particularly, the majority years. We can try to provide relief for on April 21, 2009, to recognize the dedi- leader, HARRY REID, for his involve- them. We don’t provide real relief in cated men and women who serve our ment to make it possible for us to get this bill, except a study that Senators country, honor those brave heroes who to this moment. I also include Senator CORKER, DURBIN, and others, including died in service to their country, and SHELBY and others. myself, want to be done to get answers encourage all Americans to consider a I hoped to be able to complete the on how to reform the interchange fees career in public service. bill today. Obviously, that didn’t hap- issue. I hope we can get answers to that Last week was Public Service Rec- pen. We have reached a framework by and talk about a legislative fix in that ognition Week. We set aside the first which we can vote on Tuesday. There area as well. This bill avoids that ques- full week of May to recognize and will be a managers’ amendment, and tion, not because we disagree with re- honor the accomplishments of Federal, we hope to be able to accommodate forming the interchange fee but we felt State, and local government employ- this agreement in that package. It it was more than we could take on with ees. Across the country, hundreds of doesn’t suggest that every amendment this bill. events took place in appreciation of will be agreed to. Where we can, we This bill only came out of the Bank- the millions of public servants who will try to do that. ing Committee with a 1-vote margin, 12 serve as the quiet bedrock of our Na- This is a strong bill. I thank the to 11. It is a very delicate balance. We tion’s workforce. This year’s celebra- members of the Banking Committee— needed to be careful not to tilt this leg- tion included a 4-day exhibition on the both Democrats and Republicans—who islation to such a degree that we would National Mall where more than 100 ci- worked on it. I am grateful to Senator have lost the opportunity to provide vilian and military Federal agencies SHELBY and his staff for bringing us to any reform at all. We are not poten- showcased their programs and initia- this moment in the hopes that on Tues- tates here; we have to work with each tives to the public. day we will have the final conclusion of In his 1961 inaugural address, Presi- other. We have done that in this case this effort. dent John F. Kennedy called on all and produced a very fine piece of legis- I thank the other body, as well, par- Americans to make a commitment to lation. ticularly Chairman BARNEY FRANK, public service. His call inspired a gen- from Massachusetts, for his leadership. I hope my colleagues will lend their eration to serve. President Barrack He has done a masterful job in the support to this legislation when we Obama again called for action in his in- other body in bringing Democrats and have the final consideration of it on augural address. Public interest in Fed- Republicans together with an over- Tuesday. eral Government jobs is increasing, but whelming vote in that Chamber in sup- we must ensure that Americans who port of credit card reform. We will talk f embrace a public service career are not over the weekend, as we usually do, to deterred by the lengthy and com- see if we cannot resolve any out- MORNING BUSINESS plicated hiring process. Last week, I standing issues that will allow this bill held a hearing on how to improve Fed- to quickly arrive on the President’s Mr. DODD. Mr. President, I ask unan- eral job recruitment so that we can desk. The President said he wants it imous consent that the Senate go into harness the renewed spirit of service before Memorial Day. I think we can do a period of morning business, with Sen- that President Obama has inspired. that. My hope is that we will complete ators permitted to speak therein for up There is no better time to rise to the the work on Tuesday and, by the end of to 10 minutes each. occasion and serve. next week, maybe we can send the bill The PRESIDING OFFICER. Without As a former teacher and a life-long to the President for his signature. objection, it is so ordered. public servant, I am proud to highlight

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 14, 2009 CONGRESSIONAL RECORD — SENATE S5497 the importance of Public Service Rec- Reverend Cornell was only the second Teamsters, I remain in admiration of ognition Week. This is a critical time Catholic priest to be elected to Con- Chuck’s strong sense of civic duty, his for our Nation, with many domestic gress when he represented Wisconsin’s unparalleled service to the labor move- and global challenges. Although we Eighth Congressional District from ment, and his tireless advocacy for have designated a week to honor gov- 1975 to 1979. Just as he did all his life, workers’ rights at the local, Sate, and ernment employees, I rise today to Reverend Cornell came to Washington national levels. I wish him many more stress the importance of remembering to fight for education and social justice years of continued community involve- the invaluable service of public serv- for the Wisconsinites he represented. ment and leadership.∑ ants throughout the year. Our way of But his greatest accomplishments f life—and the strength of our country may have come in the halls of St. Nor- TRIBUTE TO C. BRENT DEVORE would not exist without the work of bert College as he used history to help public employees. And so to all the guide young Wisconsinites to new lev- ∑ Mr. BROWN. Mr. President, today I dedicated men and women currently els of academic achievement. During honor the career of Dr. C. Brent serving our Nation, mahalo nui loa— his decades in the classroom, Reverend DeVore, the dean of higher education thank you very much—for all that you Cornell would bring history to life like presidents in central Ohio. For 25 do. no other. He brought out the best in his years, Dr. DeVore has served Otterbein Mr. President, I am including Direc- students with captivating lectures that College, its students, and the tor John Berry’s letter of support for displayed his tremendous knowledge, Westerville, OH, community. He retires Public Service Recognition Week with experience, and wit. His impact will at the end of this academic year. my statement and ask unanimous con- certainly be felt for years to come A son of Zanesville, OH, who earned sent that it be printed in the RECORD through the countless students he degrees from Ohio University and Kent following my remarks. taught and mentored. State University, Dr. Devore has dedi- There being no objection, the mate- Reverend Cornell stands out as a cated his professional life to improving rial was ordered to be printed in the towering figure in the history of north- higher education for America’s young RECORD, as follows: east Wisconsin. His influence on edu- people. cation and public service has left a OFFICE OF PERSONNEL MANAGEMENT, Dr. DeVore became president of Washington, DC, May 5, 2009. lasting mark on our State. Otterbein College in 1984. He helped de- Hon. DANIEL K. AKAKA, f velop the institution from a small, lib- Chairman, Subcommittee on Oversight of Gov- ADDITIONAL STATEMENTS eral arts college to a nationally ernment Management, the Federal Work- ranked, comprehensive college. Dr. force, and the District of Columbia, U.S. DeVore put Otterbein on stable finan- Senate, Washington, DC. DEAR MR. CHAIRMAN: I am writing to thank TRIBUTE TO CHUCK MACK cial footing, increasing the school’s en- you for your sponsorship of S. Res. 87, a reso- ∑ Mrs. BOXER. Mr. President, I am dowment by fifteenfold. He oversaw a lution expressing the sense of the Senate pleased and honored to pay tribute to transformation of the campus infra- that public servants should be commended Chuck Mack for his many years of structure, including the construction for their dedication and continued service to service to the International Brother- of new academic buildings, residence the Nation during Public Service Recogni- hood of Teamsters. halls, athletic facilities, and an expan- tion Week, May 4 through 10, 2009, and After 43 years of dedicated service, sion of the library. throughout the year. As you know, Public Service Recognition Mr. Mack is stepping down from his po- More importantly, Dr. DeVore helped Week, celebrated the first Monday through sitions as secretary-treasurer for the transform the human capital of the Sunday in May since 1985, is a time set aside International Brotherhood of Team- college. The graduate education pro- each year to honor the men and women who sters Local 70, and president of the gram was added in 1989, the graduate serve America as Federal, state and local Teamsters Joint Council 7. While Mr. nursing program in 1993, and the MBA government employees. Throughout the Na- Mack may be leaving his current lead- program in 1997. The number of faculty tion and around the world, public employees ership positions within the Teamsters, holding advanced degrees nearly dou- use the week to educate citizens about the he is by no means retiring. Instead, he bled. Student diversity increased, en- many ways in which government serves the people and how government services make is heeding the call of the Western Con- rollment doubled, retention rates life better for all of us. ference of Teamsters Pension Trust, soared, and the quality of incoming As the Director of the Office of Personnel where he will now serve as the co-chair students skyrocketed. Management (OPM), Public Service Recogni- of the organization. Throughout Dr. DeVore’s career, he tion Week is the perfect time to spread During his four-plus decades of serv- has worked to develop innovative and President Obama’s call to public service and ice to the Teamsters, Mr. Mack has comprehensive programs to encourage to recognize public employees. I am com- worked tirelessly to help negotiate young people to engage in community mitted to making the Federal government a first-class rights for bay area workers and volunteer service and oversaw the better place to work by speeding up the hir- ing process, increasing opportunities for vet- and their families. With a reputation creation of Otterbein’s Center for Com- erans, and implementing programs that help for integrity and hard work, Mr. Mack munity Engagement. In 2007, Otterbein employees balance work and family life. has provided the Teamsters with un- was one of only three schools across Thank you for your continued leadership paralleled leadership in major labor the country to receive the Presidential in recognizing the hard work of our public disputes in northern California Award for General Community Service servants during Public Service Recognition throughout his tenure. I particularly in the President’s Higher Education Week and I look forward to working with commend Mr. Mack for his efforts in Community Service Honor Roll. you to make the federal government a better place to work. advancing environmental justice issues While, Dr. DeVore’s leadership at Sincerely, for port communities throughout the Otterbein will be missed, his legacy JOHN BERRY, San Francisco bay area. will remain for generations. Dr. Director. As he transitions to his new position DeVore has made Otterbein College f as cochair of the Western Conference of better, he has made Ohio better, and he Teamsters Pension Trust, I applaud has made our Nation better. I wish him REMEMBERING REVEREND Mr. Mack’s continued involvement well and hope that his service to Ohio ROBERT CORNELL with the Teamsters Union. Unions pro- will continue in the next phase of his Mr. FEINGOLD. Mr. President, today vide valuable representation to Amer- outstanding career.∑ I pay tribute to the life of Rev. Robert ican workers and their families, and f Cornell, a great Wisconsin public serv- have worked to establish many of the ant and teacher. For most of his life, rights and privileges that we now take OHIO’S SMALL BUSINESS PERSON Reverend Cornell called northeast Wis- for granted—rights and privileges that OF THE YEAR consin his home—as a student at St. have helped millions of workers ∑ Mr. BROWN. Mr. President, today I Norbert Abbey, a Congressman, and a achieve the American dream. commemorate the work of Carla Eng, professor of history and government at After over four decades of service to president of Abstract Displays Incor- St. Norbert College. the International Brotherhood of porated, who has been named the Ohio

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5498 CONGRESSIONAL RECORD — SENATE May 14, 2009 Small Business Person of the Year for Idaho Attorney General’s Office for 3 sacrifices of all of America’s veterans, 2009 by the U.S. Small Business Admin- years, and then spent more than 40 and 5 years later his vision became re- istration. years in private practice. In his spare ality. The award recognizes Ms. Eng’s dedi- time, he served as Chancellor for the Before joining the West Hollywood cation to success, her passion for her Episcopal Diocese of Idaho, providing City Council, Mr. Guarriello worked to work, and her positive attitude. She is extensive legal services pro bono. provide affordable housing as a mem- among 53 top small business persons Allyn was a trial lawyer, and the ber of the board of directors of the who will be honored at the Small Busi- courtroom was his stage. His methods West Hollywood Community Housing ness Administration’s National Small were not always conventional. He had Corporation and the West Hollywood Business Week events. Ms. Eng’s com- his own vocabulary, and a way of com- Rent Stabilization Commission. pany is a premier designer and pro- municating that was sometimes hu- Mr. Guarriello also created the West ducer of dimensional solutions for morous, but always believable. Allyn Hollywood Children’s Summer Olym- trade show exhibits, events, environ- was a lawyer’s lawyer. He was a fellow pics, initiated a successful anti-drunk ments and for all face-to-face sales, of the prestigious American College of driving campaign, and formed the marketing, and corporate needs. Trial Lawyers. He served as Idaho’s Eastside Redevelopment Agency, which I commemorate the work of Carla representative to the Ninth Circuit was instrumental in the successful ne- Eng and congratulate her for receiving Commission, and was Idaho’s delegate gotiation of a plan to rehabilitate this prestigious award. She is a role to the American Bar Association House Santa Monica Boulevard. model for success and an inspiration to of Delegates. The Idaho State Bar hon- Sal Guarriello will be remembered by us all. I hope you will join me in wish- ored him in 2004 when he was named its his family, friends, and constituents as ing Carla the best of luck in her future Distinguished Lawyer, and in 2008 the a patriot, a public servant, and an ex- endeavors.∑ Idaho Judiciary named a courtroom in ceptional leader of the community.∑ f Boise after him. f Allyn was a lobbyist for both the in- 50TH ANNIVERSARY OF PLEASANT CONGRATULATING THE GEORGE- surance industry and the Idaho judici- VALLEY SCHOOL TOWN/SCOTT COUNTY CHAMBER ary. He was especially effective as a OF COMMERCE lobbyist because he never forgot a po- ∑ Mr. LIEBERMAN. Mr. President, I ∑ Mr. BUNNING. Mr. President, today I litical story or a point of Idaho trivia. wish today to honor Pleasant Valley congratulate the Georgetown/Scott As a lobbyist, he was generous with his Elementary School in South Windsor, County Chamber of Commerce, a non- humor and his story-telling. Shortly CT. Pleasant Valley, or ‘‘PV’’ as it is profit business organization that re- before his death, the Idaho legislature affectionately referred to by many in cently celebrated its 50th anniversary. honored him with Senate Concurrent South Windsor, will be celebrating its The Georgetown/Scott County Cham- Resolution No. 111, which commended 50th anniversary this June. To mark ber of Commerce was founded in 1959. him for his lifetime service to the leg- this momentous occasion, I feel it is The chamber promotes local businesses islative branch of the State of Idaho. fitting to reflect back on all this school and ensures that jobs stay in the But for all of Allyn Dingel’s many ac- has done for its students and its com- Georgetown and Scott County area. complishments, he will be remembered munity. During this uncertain economic time, most for his great compassion and his Pleasant Valley’s motto is ‘‘Pleasant organizations such as the Georgetown/ ability to find the good in people. It Valley School, a place to learn, to Scott County Chamber of Commerce was said that he never forgot, but he grow, and to care,’’ and many of the strive to ensure that local businesses always forgave. We can imagine him at students, parents, and faculty that continue to prosper. The chamber cele- the Pearly Gates telling St. Peter some have been involved with the school brated this distinct milestone at its an- long story about Idaho politics. We just would attest that it has more than suc- nual banquet on April 24, 2009, where hope those in line behind him were pa- ceeded in creating such an environ- current chamber president Christie tient as he tried to teach St. Peter the ment. For 50 years, Pleasant Valley Hockensmith expressed her optimism words to the Vandal fight song. has helped the children of South Wind- for the next 50 years. I am honored to reflect on Allyn sor develop a love of learning and dis- Again, I congratulate the George- Dingel’s wonderful, exemplary life, and covery while instilling in them the town/Scott County Chamber of Com- pleased to call him my friend. He was skills and work ethic needed to succeed merce on 50 years of service. I wish the an individual who made the most from in South Windsor’s excellent secondary chamber the best in the future and in the opportunities that presented them- schools. continued support of local businesses.∑ selves, and Idaho is better for that. My When Pleasant Valley first opened in f condolences go out to his family: his September 1958, it taught grades one beloved wife Fran, his sons and their through eight. While it was tough man- REMEMBERING M. ALLYN DINGEL, wives, Bryan and Valencia and Mike aging a large group of kids with such JR. and Lori, and his six grandchildren. ∑ large age differences, those who at- ∑ Mr. CRAPO. Mr. President, today I f tended or worked at the school during would like to honor a fellow Idahoan this time fondly recall basketball who served the Idaho legislature, the REMEMBERING SAL GUARRIELLO games, spelling bees, school plays, Idaho, judiciary, the Episcopal Diocese ∑ Mrs. FEINSTEIN. Mr. President, I dedicated teachers, and, of course, of Idaho and the Idaho State Bar with wish to honor the life of Sal Guarriello, friendships that would last a lifetime. honor, integrity, and good humor. M. a decorated veteran and an incredible Eventually, Pleasant Valley would be- Allyn Dingel, Jr., passed away at his public servant. come responsible for teaching students home in Boise, ID, on April 23, 2009 Mr. Guarriello was a beloved citizen in kindergarten up to the fifth grade, after a courageous battle with lung of West Hollywood, serving for 19 years and would always remain a vibrant, in- cancer. on its city council and for three terms novative place of learning. Allyn was born in Twin Falls, ID, as its mayor. During his nearly two Over the years, Pleasant Valley’s where he played baseball and was the decades on the council, he was a voice staff has consistently launched in- student body president at Twin Falls for the Russian, disabled, and LGBT spired new initiatives designed to con- High. He attended college at the Uni- communities, seniors, and veterans. nect with their students. In 1981, PV versity of Idaho, and continued to or- Mr. Guarriello received a Purple started the Read at Home Program, ganize spontaneous renditions of the Heart when he was wounded while serv- which was put together to encourage Idaho Vandal fight song, whether asked ing as an Army combat medic during students to read on their own. The to or not. World War II. For the rest of his life, theme for the program’s first year was Allyn attended New York University he strove to honor and represent the ‘‘footsteps to reading,’’ which allowed Law School, where he was one of the needs of his fellow veterans. In 1998, he students to post a paper foot on the top students and was a member of the proposed that a veterans’ memorial be school’s walls for every book they read. NYU Law Review. Allyn worked for the built in West Hollywood to honor the By the end of the year, students had

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 14, 2009 CONGRESSIONAL RECORD — SENATE S5499 managed to cover almost the entire emy in 1948 and graduating in 1952, MESSAGES FROM THE PRESIDENT school, including the principal’s office. when he received his commission as an Messages from the President of the In 1989, the school established the Spe- Ensign in the U.S. Navy. Following a United States were communicated to cial Friends Program—the first in brief tour on a destroyer during the the Senate by Mr. Williams, one of his South Windsor—to provide a safe set- Korean conflict, he entered flight secretaries. ting, counseling, and friendship to at- training in 1953, receiving his wings in f risk students and those students expe- March 1954. riencing sudden changes in their lives. EXECUTIVE MESSAGES REFERRED In the 1990–1991 school year, Nancy Over the course of his career, Captain As in executive session the Presiding Mason, the school nurse, and Priscilla Rivers distinguished himself in many Officer laid before the Senate messages Spencer, the school’s gym teacher, in- assignments as a naval aviator, missile from the President of the United troduced an inventive project designed project officer, flight deck officer, and States submitting sundry nominations to teach students about both geog- squadron operations officer. Subse- which were referred to the appropriate raphy and physical fitness. The stu- quent assignments were in naval avia- committees. dents were told that the school’s mas- tion on the west coast at San Diego, (The nominations received today are cot—Popcorn the Panther—was going Moffett Field, Monterey, Point Mugu, printed at the end of the Senate pro- to take a walking trip across the and Lemoore. During the Vietnam con- ceedings.) United States in which he would travel flict, Captain Rivers deployed on his a mile for every mile that each student last cruise from Alameda, CA, aboard f walked or ran. For the rest of the year, the USS Coral Sea, as a member of Air MESSAGES FROM THE HOUSE students were required to walk or run Wing 15, Attack Squadron 155. On Feb- At 11:41 a.m., a message from the at least half a mile during every recess ruary 11, 1965, he flew the first of 96 House of Representatives, delivered by period and were encouraged to walk combat missions over North Vietnam. Mr. Zapata, one of its reading clerks, more. Prizes were given to the class Tragically, on his 96th mission, he was announced that the House has passed and grade that contributed the most shot down and captured at Vinh, North the following bill, in which it requests miles to Popcorn’s journey. Through- Vietnam, where he was then held in the concurrence of the Senate: out the year, teachers would have captivity for 71⁄2 years. H.R. 2162. An act to designate the facility friends and family members who lived While a prisoner of war, POW, Cap- around the country send postcards of the United States Postal Service located tain Rivers kept his faith in God, coun- at 123 11th Avenue South in Nampa, Idaho, as ‘‘from Popcorn’’ so that students could try, and Navy, despite all the hardships the ‘‘Herbert A Littleton Postal Station’’. see the fruits of their efforts and learn facing him and his fellow POWs. His The message also announced that the about various regions of the country. steadfastness and devotion to others House has agreed to the following con- This successful program concluded was an inspiration to those fellow current resolution, in which it requests with a large welcome home ceremony POWs. In fact, shortly after he was the concurrence of the Senate: at the end of the school year, with sev- freed, as the guest of honor at a cele- eral students joining Popcorn, played H. Con. Res. 84. Concurrent resolution sup- bration of America’s independence in ably by an older student, for his final porting the goals and objectives of a Na- Nebraska’s Fourth of July capital city, tional Military Appreciation Month. walk back to school. At a time when much of our focus is which was also coincidentally his The message further announced that understandably on improving schools hometown of Seward, Captain Rivers the House has passed the following bill, that are not living up to standards, it expressed that deep down he and his with an amendment, in which it re- is important to take time out to recog- fellow POWs were always convinced quests the concurrence of the Senate: nize those schools that have consist- they would one day come home. S. 454. An act to improve the organization ently provided a quality education to After the tremendous sacrifice he had and procedures of the Department of Defense their students and that are constantly already endured, Captain Rivers con- for the acquisition of major weapon systems, and for other purposes. striving to find new ways to inspire tinued to serve the Navy until 1976. The students to reach new heights. For 50 end of his career included serving as The message also announced that the years, Pleasant Valley School of South the head of the Aircraft Survivability House insists upon its amendment to Windsor, CT, has been one of these and Vulnerability Branch of the Naval the bill (S. 454) to improve the organi- schools; providing students with the Air Systems Command, for which zation and procedures of the Depart- ideal setting in which to develop their VADM F.S. Petersen said, ‘‘It was ment of Defense for the acquisition of abilities, meet friends, and cultivate through Captain Rivers’ personal fore- major weapon systems, and for other new interests. It truly is a place to thought and initiative that this impor- purposes, and asks a conference with learn, to grow, and to care. I congratu- tant aspect of Naval Aviation came to the Senate on the disagreeing votes of late all of Pleasant Valley’s students, fruition.’’ the two Houses thereon; and appoints alumni, faculty, parents, and volun- the following Members as the managers CAPT Wendell B. Rivers passed away teers on a remarkable 50 years and of the conference on the part of the in his home on May 9, 2009, at the age look forward to seeing how they tackle House: Messrs. SKELTON, SPRAT, ORTIZ, of 80. Over the course of his career, the challenges of the future. Their TAYLOR, ABERCROMBIE, REYES, SNYDER, Captain Rivers received numerous dedication is truly an inspiration and SMITH of Washington, Ms. LORETTA commendations, decorations, and med- should serve as an example to us all.∑ SANCHEZ of California, Mr. MCINTYRE, als, including the Silver Star, Legion Mrs. TAUSCHER, Messrs. BRADY of Penn- f of Merit with Star, Bronze Star, Dis- sylvania, ANDREWS, Mrs. DAVIS of Cali- REMEMBERING CAPTAIN WENDELL tinguished Flying Cross, Vietnam Serv- fornia, Messrs. LANGEVIN, COOPER, B. RIVERS ice Medal with three Silver Stars, Navy ELLSWORTH, SESTAK, MCHUGH, BART- ∑ Mr. NELSON of Nebraska. Mr. Presi- Occupation Medal, World War II Vic- LETT, MCKEON, THORNBERRY, JONES, dent, today I wish to honor Navy CAPT tory Medal, China Service Medal, AKIN, FORBES, MILLER of Florida, WIL- Wendell B. Rivers, who passed away on United Nations Service Medal, and Ko- SON of South Carolina, CONAWAY, Saturday, May 9, 2009. rean Presidential Unit Citation. These HUNTER, and COFFMAN of Colorado. Wendell ‘‘Wendy’’ Rivers was born in awards reflect Captain Rivers’ bravery The message further announced that Seward, NE, on July 6, 1928. He grad- and selfless service toward the security pursuant to 20 U.S.C. 4412, and the uated from Seward High School in 1946, of our great country. The life and serv- order of the House of January 6, 2009, where he was senior class president, an ice of individuals such as Captain Riv- the Speaker appoints the following all-conference football and basketball ers represents an example of patriotism Member of the House of Representa- player, and an 880-yard track spe- we should all strive to emulate. I join tives to the Board of Trustees of the cialist. Upon graduation, Rivers en- all Nebraskans in mourning the loss of Institute of American Indian and Alas- listed in the U.S. Navy, receiving an Captain Rivers and offer my deepest ka Native Culture and Arts Develop- appointment to the U.S. Naval Acad- condolences to his family.∑ ment: Mr. LUJA´ N of New Mexico.

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5500 CONGRESSIONAL RECORD — SENATE May 14, 2009 At 4:30 p.m., a message from the nology and Logistics), transmitting, pursu- report of a rule entitled ‘‘Revenue Proce- House of Representatives, delivered by ant to law, a report entitled ‘‘Defense Ad- dure: United States and Area Median Gross Mrs. Cole, one of its reading clerks, an- vanced Research Projects Agency (DARPA), Income Figures’’ (Rev. Proc. 2009-27) received in the Office of the President of the Senate nounced that the House has passed the Strategic Plan, May 2009’’; to the Committee on Armed Services. on May 5, 2009; to the Committee on Finance. following bill, in which it requests the EC–1611. A communication from the Sec- EC–1621. A communication from the Chief concurrence of the Senate: retary of the Treasury, transmitting, pursu- of the Publications and Regulations Branch, H.R. 2346. An act making supplemental ap- ant to law, a six-month periodic report on Internal Revenue Service, Department of the propriations for the fiscal year ending Sep- the national emergency with respect to Treasury, transmitting, pursuant to law, the tember 30, 2009, and for other purposes. Burma that was declared in Executive Order report of a rule entitled ‘‘Guidance to Pol- icyholders Who Surrender or Sell Their Life f 13047 of May 20, 1997; to the Committee on Banking, Housing, and Urban Affairs. Insurance Contracts’’ (Rev. Proc. 2009-13) re- MEASURES REFERRED EC–1612. A communication from the Execu- ceived in the Office of the President of the Senate on May 5, 2009; to the Committee on The following bill was read the first tive Vice President and Chief Financial Offi- cer, Federal Home Loan Bank of Chicago, Finance. and the second times by unanimous transmitting, pursuant to law, the Bank’s EC–1622. A communication from the Chief consent, and referred as indicated: 2008 management reports; to the Committee of the Publications and Regulations Branch, H.R. 2162. An act to designate the facility on Banking, Housing, and Urban Affairs. Internal Revenue Service, Department of the of the United States Postal Service located EC–1613. A communication from the Sec- Treasury, transmitting, pursuant to law, the at 123 11th Avenue South in Nampa, Idaho, as retary of Energy, transmitting, pursuant to report of a rule entitled ‘‘Guidance to Inves- the ‘‘Herbert A Littleton Postal Station’’; to law, a report relative to the construction of tors Who Purchase Life Insurance Con- tracts’’ (Rev. Proc. 2009-14) received in the the Committee on Homeland Security and a Mixed Oxide Fuel Fabrication Facility Office of the President of the Senate on May Governmental Affairs. near Aiken, South Carolina; to the Com- 13, 2009; to the Committee on Finance. The following concurrent resolution mittee on Energy and Natural Resources. EC–1623. A communication from the Chief EC–1614. A communication from the Acting was read, and referred as indicated: of the Publications and Regulations Branch, Director, Office of Surface Mining Reclama- Internal Revenue Service, Department of the H. Con. Res. 84. Concurrent resolution sup- tion and Enforcement, Department of the In- porting the goals and objectives of a Na- Treasury, transmitting, pursuant to law, the terior, transmitting, pursuant to law, the re- report of a rule entitled ‘‘Update of Weighted tional Military Appreciation Month; to the port of a rule entitled ‘‘Pennsylvania Regu- Committee on the Judiciary. Average Interest Rates, Yield Curves, and latory Program’’ ((PA-148-FOR)(Docket No. Segment Rates’’ (Notice 2009-45) received in f OSM-2008-0014)) received in the Office of the the Office of the President of the Senate on President of the Senate on May 6, 2009; to the May 13, 2009; to the Committee on Finance. MEASURES PLACED ON THE Committee on Energy and Natural Re- CALENDAR EC–1624. A communication from the Chief sources. of the Publications and Regulations Branch, The following bill was read the first EC–1615. A communication from the Direc- Internal Revenue Service, Department of the and second times by unanimous con- tor, Regulatory Management Division, Envi- Treasury, transmitting, pursuant to law, the sent, and placed on the calendar: ronmental Protection Agency, transmitting, report of a rule entitled ‘‘Amortization and pursuant to law, the report of a rule entitled Reporting of Mortgage Insurance Premiums’’ H.R. 2346. An act making supplemental ap- ‘‘Texas; Final Authorization of State Haz- (RIN1545-BH84) received in the Office of the propriations for the fiscal year ending Sep- ardous Waste Management Program Revi- President of the Senate on May 13, 2009; to tember 30, 2009, and for other purposes. sion’’ (FRL-8901-1) received in the Office of the Committee on Finance. f the President of the Senate on May 11, 2009; EC–1625. A communication from the Chief of the Publications and Regulations Branch, EXECUTIVE AND OTHER to the Committee on Environment and Pub- lic Works. Internal Revenue Service, Department of the COMMUNICATIONS EC–1616. A communication from the Direc- Treasury, transmitting, pursuant to law, the The following communications were tor, Regulatory Management Division, Envi- report of a rule entitled ‘‘Use of Actuarial laid before the Senate, together with ronmental Protection Agency, transmitting, Tables in Valuing Annuities, Interests for Life or Terms of Years, and Remainder or accompanying papers, reports, and doc- pursuant to law, the report of a rule entitled ‘‘Approval and Promulgation of Air Quality Reversionary Interests’’ (RIN1545-BH96; uments, and were referred as indicated: Implementation Plans; Tennessee; Approval RIN1545-BI56)(TD 9448) received in the Office EC–1606. A communication from the Direc- of Revisions to the Knox County Portion’’ of the President of the Senate on May 13, tor, Regulatory Management Division, Envi- (FRL-8903-6) received in the Office of the 2009; to the Committee on Finance. ronmental Protection Agency, transmitting, President of the Senate on May 11, 2009; to EC–1626. A communication from the Acting pursuant to law, the report of a rule entitled the Committee on Environment and Public Assistant Secretary, Bureau of Legislative ‘‘Calcium Lactate Pentahydrate; Exemption Works. Affairs, Department of State, transmitting, from the Requirement of a Tolerance’’ (FRL- EC–1617. A communication from the Chief pursuant to the Arms Export Control Act, 8412-5) received in the Office of the President of the Publications and Regulations Branch, the certification of a proposed technical as- of the Senate on May 11, 2009; to the Com- Internal Revenue Service, Department of the sistance agreement for the export of tech- mittee on Agriculture, Nutrition, and For- Treasury, transmitting, pursuant to law, the nical data, defense services, and defense arti- estry. report of a rule entitled ‘‘Modification of Net cles in the amount of $100,000,000 or more with the United Kingdom; to the Committee EC–1607. A communication from the Direc- Operating Loss Carryback Election Under on Foreign Relations. tor, Regulatory Management Division, Envi- 1211 of American Recovery and Reinvestment ronmental Protection Agency, transmitting, EC–1627. A communication from the Sec- Tax’’ (Rev. Proc. 2009-26) received in the Of- retary of Health and Human Services, trans- pursuant to law, the report of a rule entitled fice of the President of the Senate on May 5, mitting, pursuant to law, two reports rel- ‘‘Candida oleophila Strain O; Exemption 2009; to the Committee on Finance. ative to national healthcare quality; to the from the Requirement of a Tolerance’’ (FRL- EC–1618. A communication from the Chief Committee on Health, Education, Labor, and 8412-9) received in the Office of the President of the Publications and Regulations Branch, Pensions. of the Senate on May 11, 2009; to the Com- Internal Revenue Service, Department of the EC–1628. A communication from the Mem- mittee on Agriculture, Nutrition, and For- Treasury, transmitting, pursuant to law, the bers of the Railroad Retirement Board, estry. report of a rule entitled ‘‘Sub-Issue Letter transmitting, pursuant to law, the Board’s EC–1608. A communication from the Direc- Rulings Under Section 355’’ (Rev. Proc. 2009- Congressional Justification of Budget Esti- tor, Regulatory Management Division, Envi- 25) received in the Office of the President of mates for Fiscal Year 2010; to the Committee ronmental Protection Agency, transmitting, the Senate on May 5, 2009; to the Committee on Health, Education, Labor, and Pensions. pursuant to law, the report of a rule entitled on Finance. EC–1629. A communication from the Direc- ‘‘Methoxyfenozide; Pesticide Tolerances for EC–1619. A communication from the Chief tor, Human Resources Management Office, Emergency Exemptions’’ (FRL-8410-3) re- of the Publications and Regulations Branch, Federal Trade Commission, transmitting, ceived in the Office of the President of the Internal Revenue Service, Department of the pursuant to law, a report relative to the im- Senate on May 11, 2009; to the Committee on Treasury, transmitting, pursuant to law, the plementation of an alternative rating and se- Agriculture, Nutrition, and Forestry. report of a rule entitled ‘‘Extension of Date lection procedure; to the Committee on EC–1609. A communication from the Sec- for Multiemployer Plans to Elect Relief Homeland Security and Governmental Af- retary of Defense, transmitting a report on under Sections 204 and 205 of WRERA’’ (No- fairs. the approved retirement of Lieutenant Gen- tice 2009-42) received in the Office of the EC–1630. A communication from the Chair- eral John F. Regni, United States Air Force, President of the Senate on May 5, 2009; to the man, Federal Accounting Standards Advi- and his advancement to the grade of lieuten- Committee on Finance. sory Board, transmitting, pursuant to law, a ant general on the retired list; to the Com- EC–1620. A communication from the Chief report entitled ‘‘Estimating the Historical mittee on Armed Services. of the Publications and Regulations Branch, Cost of General Property, Plant, and Equip- EC–1610. A communication from the Under Internal Revenue Service, Department of the ment: Amending Statements of Federal Fi- Secretary of Defense (Acquisition, Tech- Treasury, transmitting, pursuant to law, the nancial Accounting Standards 6 and 23’’; to

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 14, 2009 CONGRESSIONAL RECORD — SENATE S5501 the Committee on Homeland Security and *Charles A. Blanchard, of Arizona, to be By Mr. THUNE: Governmental Affairs. General Counsel of the Department of the S. 1044. A bill to preserve the ability of the EC–1631. A communication from the Sec- Air Force. United States to project power globally; to retary of the Federal Trade Commission, *Nomination was reported with rec- the Committee on Armed Services. By Mrs. LINCOLN: transmitting, pursuant to law, a report enti- ommendation that it be confirmed sub- tled ‘‘Annual Report on the Notification and S. 1045. A bill to amend the Internal Rev- Federal Employee Antidiscrimination and ject to the nominee’s commitment to enue Code of 1986 to allow employers a credit Retaliation Act of 2002: Fiscal 2008 (April respond to requests to appear and tes- against income tax for the costs of providing 2009)’’; to the Committee on Homeland Secu- tify before any duly constituted com- technical training for employees; to the rity and Governmental Affairs. mittee of the Senate. Committee on Finance. EC–1632. A communication from the Chair- By Mrs. LINCOLN: f man, Board of Governors of the Federal Re- S. 1046. A bill to amend the Internal Rev- serve System, transmitting, pursuant to law, INTRODUCTION OF BILLS AND enue Code of 1986 to extend the excise tax the Inspector General’s Semiannual Report JOINT RESOLUTIONS provisions and income tax credit for bio- for the six-month period ending March 31, diesel; to the Committee on Finance. 2009; to the Committee on Homeland Secu- The following bills and joint resolu- By Mr. MENENDEZ: rity and Governmental Affairs. tions were introduced, read the first S. 1047. A bill to promote Internet safety EC–1633. A communication from the Direc- and second times by unanimous con- education and cybercrime prevention initia- tor of Regulations Management, National sent, and referred as indicated: tives, and for other purposes; to the Com- mittee on the Judiciary. Cemetery Administration, Department of By Mr. REID (for Mr. ROCKEFELLER (for By Mr. HARKIN (for himself, Mr. KEN- Veterans Affairs, transmitting, pursuant to himself and Mr. LAUTENBERG)): NEDY, Mrs. GILLIBRAND, and Mr. law, the report of a rule entitled S. 1036. A bill to amend title 49, United REED): ‘‘Headstones and Markers’’ (RIN2900-AN29) States Code, to establish national purposes received in the Office of the President of the S. 1048. A bill to amend the Federal Food, and goals for Federal surface transportation Drug, and Cosmetic Act to extend the food Senate on May 5, 2009; to the Committee on activities and programs and create a na- Veterans’ Affairs. labeling requirements of the Nutrition La- tional surface transportation plan; to the beling and Education Act of 1990 to enable EC–1634. A communication from the Direc- Committee on Commerce, Science, and tor of Regulations Management, Veterans customers to make informed choices about Transportation. the nutritional content of standard menu Benefits Administration, Department of Vet- By Ms. LANDRIEU: erans Affairs, transmitting, pursuant to law, items in large chain restaurants; to the Com- S. 1037. A bill to amend the Omnibus Crime mittee on Health, Education, Labor, and the report of a rule entitled ‘‘Presumptive Control and Safe Streets Act of 1968 to pro- Service Connection for Disease Associated Pensions. vide adequate benefits for public safety offi- By Mr. DODD (for himself and Mr. with Exposure to Certain Herbicide Agents: cers injured or killed in the line of duty, and AL Amyloidosis’’ (RIN2900–AN01) received in SCHUMER): for other purposes; to the Committee on the S. 1049. A bill to authorize the Secretary of the Office of the President of the Senate on Judiciary. May 5, 2009; to the Committee on Veterans’ Homeland Security to waive certain provi- By Mrs. FEINSTEIN (for herself, Mr. sions of the pre-September 11, 2001, fire grant Affairs. LEAHY, Mr. SCHUMER, Mr. KENNEDY, EC–1635. A communication from the Direc- program, and for other purposes; to the Com- Mr. KOHL, Mrs. BOXER, Mr. DODD, Mr. tor of Regulations Management, Veterans mittee on Homeland Security and Govern- LIEBERMAN, Mr. BINGAMAN, Mr. FEIN- Health Administration, Department of Vet- mental Affairs. GOLD, Mrs. MURRAY, Mr. KERRY, Mr. erans Affairs, transmitting, pursuant to law, By Mr. REID (for Mr. ROCKEFELLER (for NELSON of Florida, Mr. KAUFMAN, Mr. the report of a rule entitled ‘‘Expansion of himself, Mr. KOHL, and Mr. LEVIN)): CASEY, Ms. CANTWELL, and Mr. Enrollment in the VA Health Care System’’ S. 1050. A bill to amend title XXVII of the LEVIN): (RIN2900–AN23) received in the Office of the Public Health Service Act to establish Fed- S. 1038. A bill to improve agricultural job eral standards for health insurance forms, President of the Senate on May 13, 2009; to opportunities, benefits, and security for the Committee on Veterans’ Affairs. quality, fair marketing, and honesty in out- aliens in the United States and for other pur- of-network coverage in the group and indi- EC–1636. A communication from the Boards poses; to the Committee on the Judiciary. of Trustees of the Federal Hospital Insurance vidual health insurance markets, to improve By Mr. KERRY (for himself, Mr. KEN- and Federal Supplementary Insurance Trust transparency and accountability in those NEDY, Mrs. GILLIBRAND, and Mr. Funds, transmitting, pursuant to law, the markets, and to establish a Federal Office of BAYH): Boards’ 2009 Annual Report and the 2009 An- Health Insurance Oversight to monitor per- S. 1039. A bill to provide grants for the ren- formance in those markets, and for other nual Report of the Board of Trustees of the ovation, modernization or construction of Federal Old-Age and Survivors Insurance and purposes; to the Committee on Health, Edu- law enforcement facilities; to the Committee cation, Labor, and Pensions. Federal Disability Insurance Trust Funds; to on the Judiciary. the Committee on Finance. By Mr. CASEY: By Mrs. HUTCHISON (for herself and S. 1051. A bill to establish the Centennial f Ms. STABENOW): Historic District in the Commonwealth of REPORTS OF COMMITTEES S. 1040. A bill to establish a demonstration Pennsylvania; to the Committee on Energy program requiring the utilization of Value- and Natural Resources. The following reports of committees Based Insurance Design in order to dem- By Mr. CONRAD (for himself and Ms. were submitted: onstrate that reducing the copayments or COLLINS): By Mr. INOUYE, from the Committee on coinsurance charged Medicare beneficiaries S. 1052. A bill to amend the small, rural Appropriations, without amendment: for selected medications can increase adher- school achievement program and the rural S. 1054. An original bill making supple- ence to prescribed medication, and for other and low-income school program under part B mental appropriations for the fiscal year purposes; to the Committee on Finance. of title VI of the Elementary and Secondary ending September 30, 2009, and for other pur- By Ms. MURKOWSKI (for herself and Education Act of 1965; to the Committee on poses (Rept . No. 111–20). Mr. BEGICH): Health, Education, Labor, and Pensions. S. 1041. A bill to amend the Oil Pollution f By Ms. MURKOWSKI: Act of 1990 to modify the applicability of cer- S. 1053. A bill to amend the National Law EXECUTIVE REPORTS OF tain requirements to double hulled tankers Enforcement Museum Act to extend the ter- COMMITTEES transporting oil in bulk in Prince William mination date; to the Committee on Energy Sound, Alaska; to the Committee on Com- and Natural Resources. The following executive reports of merce, Science, and Transportation. By Mr. INOUYE: nominations were submitted: By Mr. KOHL (for himself and Mrs. S. 1054. An original bill making supple- By Mr. LEVIN for the Committee on MCCASKILL): mental appropriations for the fiscal year Armed Services. S. 1042. A bill to prohibit the use of funds ending September 30, 2009, and for other pur- *Robert O. Work, of Virginia, to be Under to promote the direct deposit of Veterans poses; from the Committee on Appropria- Secretary of the Navy. and Social Security benefits until adequate tions; placed on the calendar. *Raymond Edwin Mabus, Jr., of Mis- safeguards are established to prevent the at- By Mrs. BOXER (for herself, Mr. sissippi, to be Secretary of the Navy. tachment and garnishment of such benefits; INOUYE, Mr. AKAKA, and Mrs. FEIN- *Thomas R. Lamont, of Illinois, to be an to the Committee on Finance. STEIN): Assistant Secretary of the Army. By Mr. GRAHAM: S. 1055. A bill to grant the congressional *Paul N. Stockton, of California, to be an S. 1043. A bill to require the United States gold medal, collectively, to the 100th Infan- Assistant Secretary of Defense. Trade Representative to negotiate a remedy try Battalion and the 442nd Regimental *Andrew Charles Weber, of Virginia, to be for the equitable border tax treatment on Combat Team, United States Army, in rec- Assistant to the Secretary of Defense for Nu- goods and services within the WTO by Janu- ognition of their dedicated service during clear and Chemical and Biological Defense ary 1, 2010, and for other purposes; to the World War II; to the Committee on Banking, Programs. Committee on Finance. Housing, and Urban Affairs.

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5502 CONGRESSIONAL RECORD — SENATE May 14, 2009 By Mr. VOINOVICH (for himself, Mr. United States Code, to reduce the min- S. 645 LIEBERMAN, and Mr. ISAKSON): imum distance of travel necessary for At the request of Mrs. LINCOLN, the S. 1056. A bill to establish a commission to reimbursement of covered beneficiaries name of the Senator from Washington develop legislation designed to reform tax of the military health care system for (Mrs. MURRAY) was added as a cospon- policy and entitlement benefit programs and sor of S. 645, a bill to amend title 32, ensure a sound fiscal future for the United travel for specialty health care. States, and for other purposes; to the Com- S. 484 United States Code, to modify the De- mittee on the Budget. At the request of Mrs. FEINSTEIN, the partment of Defense share of expenses By Mr. TESTER (for himself, Mr. WICK- names of the Senator from Illinois (Mr. under the National Guard Youth Chal- ER, Mr. CARDIN, and Mr. BROWN): BURRIS) and the Senator from New lenge Program. S. 1057. A bill to amend the Public Health Mexico (Mr. UDALL) were added as co- S. 653 Service Act to provide for the participation sponsors of S. 484, a bill to amend title At the request of Mr. CARDIN, the of physical therapists in the National Health name of the Senator from Hawaii (Mr. Service Corps Loan Repayment Program, II of the Social Security Act to repeal INOUYE) was added as a cosponsor of S. and for other purposes; to the Committee on the Government pension offset and Health, Education, Labor, and Pensions. windfall elimination provisions. 653, a bill to require the Secretary of By Mr. UDALL of Colorado (for him- S. 511 the Treasury to mint coins in com- self, Mr. BENNET, Mr. BOND, Mr. At the request of Mr. TESTER, the memoration of the bicentennial of the CHAMBLISS, Mr. CRAPO, Mr. TESTER, name of the Senator from Iowa (Mr. writing of the Star-Spangled Banner, and Mr. VITTER): HARKIN) was added as a cosponsor of S. and for other purposes. S. 1058. A bill to amend the Internal Rev- 511, a bill to amend part B of title S. 663 enue Code of 1986 to reduce the tax on beer to XVIII of the Social Security Act to At the request of Mr. NELSON of Ne- its pre-1991 level, and for other purposes; to braska, the name of the Senator from the Committee on Finance. provide for an exemption of pharmacies Vermont (Mr. LEAHY) was added as a By Mr. DEMINT: and pharmacists from certain Medicare S.J. Res. 16. A joint resolution proposing accreditation requirements in the same cosponsor of S. 663, a bill to amend an amendment to the Constitution of the manner as such exemption applies to title 38, United States Code, to direct United States relative to parental rights; to certain professionals. the Secretary of Veterans Affairs to es- the Committee on the Judiciary. tablish the Merchant Mariner Equity S. 529 Compensation Fund to provide benefits f At the request of Mr. LIEBERMAN, the to certain individuals who served in name of the Senator from Oregon (Mr. SUBMISSION OF CONCURRENT AND the United States merchant marine MERKLEY) was added as a cosponsor of SENATE RESOLUTIONS (including the Army Transport Service S. 529, a bill to assist in the conserva- The following concurrent resolutions and the Naval Transport Service) dur- tion of rare felids and rare canids by and Senate resolutions were read, and ing World War II. supporting and providing financial re- referred (or acted upon), as indicated: sources for the conservation programs S. 693 By Mr. MARTINEZ (for himself, Mr. At the request of Mr. HARKIN, the of countries within the range of rare MENENDEZ, Mr. GRAHAM, Mr. ENSIGN, name of the Senator from Virginia (Mr. Mr. NELSON of Florida, Mr. felid and rare canid populations and WARNER) was added as a cosponsor of S. VOINOVICH, and Mr. LUGAR): projects of persons with demonstrated 693, a bill to amend the Public Health S. Res. 149. A resolution expressing soli- expertise in the conservation of rare Service Act to provide grants for the darity with the writers, journalists, and li- felid and rare canid populations. brarians of Cuba on World Press Freedom training of graduate medical residents S. 535 Day and calling for the immediate release of in preventive medicine. At the request of Mr. SESSIONS, the citizens of Cuba imprisoned for exercising S. 733 name of the Senator from North Caro- rights associated with freedom of the press; At the request of Mr. ISAKSON, the considered and agreed to. lina (Mr. BURR) was added as a cospon- name of the Senator from Tennessee By Mrs. MURRAY (for herself and Ms. sor of S. 535, a bill to amend title 10, (Mr. CORKER) was added as a cosponsor CANTWELL): United States Code, to repeal require- of S. 733, a bill to ensure the continued S. Res. 150. A resolution commemorating ment for reduction of survivor annu- and celebrating the lives of Officer Kristine and future availability of life saving ities under the Survivor Benefit Plan trauma health care in the United Marie Fairbanks, Deputy Anne Marie Jack- by veterans’ dependency and indemnity son, and Sergeant Nelson Kai Ng who gave States and to prevent further trauma their lives in the service of the people of compensation, and for other purposes. center closures and downgrades by as- Washington State in 2008; considered and S. 546 sisting trauma centers with uncompen- agreed to. At the request of Mr. REID, the name sated care costs, core mission services, By Mr. BUNNING (for himself, Mr. AL- of the Senator from Texas (Mrs. and emergency needs. EXANDER, Ms. MURKOWSKI, Mr. BINGA- HUTCHISON) was added as a cosponsor of S. 738 MAN, Mr. UDALL of Colorado, Mr. S. 546, a bill to amend title 10, United At the request of Ms. LANDRIEU, the KENNEDY, Mr. VOINOVICH, Mr. REID, States Code, to permit certain retired Mr. CORKER, Mr. GRASSLEY, Mrs. name of the Senator from South Da- members of the uniformed services who MURRAY, and Mr. MCCONNELL): kota (Mr. THUNE) was added as a co- S. Res. 151. A resolution designates a na- have a service-connected disability to sponsor of S. 738, a bill to amend the tional day of remembrances on October 30, receive both disability compensation Consumer Credit Protection Act to as- 2009, for nuclear weapons program workers; from the Department of Veterans Af- sure meaningful disclosures of the to the Committee on the Judiciary. fairs for their disability and either re- terms of rental-purchase agreements, f tired pay by reason of their years of including disclosures of all costs to military service or Combat-Related ADDITIONAL COSPONSORS consumers under such agreements, to Special Compensation. provide certain substantive rights to S. 254 S. 611 consumers under such agreements, and At the request of Mrs. LINCOLN, the At the request of Mr. LAUTENBERG, for other purposes. names of the Senator from Mississippi the name of the Senator from Illinois S. 751 (Mr. COCHRAN) and the Senator from (Mr. BURRIS) was added as a cosponsor At the request of Mr. DURBIN, the Maine (Ms. COLLINS) were added as co- of S. 611, a bill to provide for the reduc- name of the Senator from Connecticut sponsors of S. 254, a bill to amend title tion of adolescent pregnancy, HIV (Mr. DODD) was added as a cosponsor of XVIII of the Social Security Act to rates, and other sexually transmitted S. 751, a bill to establish a revenue provide for the coverage of home infu- diseases, and for other purposes. source for fair elections financing of sion therapy under the Medicare Pro- S. 614 Senate campaigns by providing an ex- gram. At the request of Mrs. HUTCHISON, the cise tax on amounts paid pursuant to S. 476 name of the Senator from Alabama contracts with the United States Gov- At the request of Mrs. BOXER, the (Mr. SESSIONS) was added as a cospon- ernment. name of the Senator from Louisiana sor of S. 614, a bill to award a Congres- S. 752 (Ms. LANDRIEU) was added as a cospon- sional Gold Medal to the Women At the request of Mr. DURBIN, the sor of S. 476, a bill to amend title 10, Airforce Service Pilots (‘‘WASP’’). name of the Senator from Connecticut

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 14, 2009 CONGRESSIONAL RECORD — SENATE S5503 (Mr. DODD) was added as a cosponsor of gencies have meaningful and imme- tion proposing an amendment to the S. 752, a bill to reform the financing of diate access to medically necessary Constitution of the United States au- Senate elections, and for other pur- health care services. thorizing the Congress to prohibit the poses. S. 973 physical desecration of the flag of the S. 769 At the request of Mr. NELSON of Flor- United States. At the request of Mrs. LINCOLN, the ida, the name of the Senator from New AMENDMENT NO. 1058 name of the Senator from Mississippi York (Mrs. GILLIBRAND) was added as a At the request of Ms. KLOBUCHAR, her (Mr. COCHRAN) was added as a cospon- cosponsor of S. 973, a bill to amend name was added as a cosponsor of sor of S. 769, a bill to amend title XVIII title XVIII of the Social Security Act amendment No. 1058 proposed to H.R. of the Social Security Act to improve to provide for the distribution of addi- 627, a bill to amend the Truth in Lend- access to, and increase utilization of, tional residency positions, and for ing Act to establish fair and trans- bone mass measurement benefits under other purposes. parent practices relating to the exten- the Medicare part B program. S. 979 sion of credit under an open end con- S. 775 At the request of Mr. DURBIN, the sumer credit plan, and for other pur- At the request of Mr. VOINOVICH, the names of the Senator from Maine (Ms. poses. name of the Senator from Mississippi COLLINS) and the Senator from Con- AMENDMENT NO. 1059 (Mr. COCHRAN) was added as a cospon- necticut (Mr. LIEBERMAN) were added At the request of Mr. WHITEHOUSE, sor of S. 775, a bill to amend title 10, as cosponsors of S. 979, a bill to amend the name of the Senator from Illinois United States Code, to authorize the the Public Health Service Act to estab- (Mr. DURBIN) was added as a cosponsor availability of appropriated funds for lish a nationwide health insurance pur- of amendment No. 1059 intended to be international partnership contact ac- chasing pool for small businesses and proposed to H.R. 627, a bill to amend tivities conducted by the National the self-employed that would offer a the Truth in Lending Act to establish Guard, and for other purposes. choice of private health plans and fair and transparent practices relating S. 823 make health coverage more affordable, to the extension of credit under an At the request of Ms. SNOWE, the predictable, and accessible. open end consumer credit plan, and for names of the Senator from Louisiana S. 1012 other purposes. (Mr. VITTER) and the Senator from New At the request of Mr. ROCKEFELLER, AMENDMENT NO. 1060 Hampshire (Mr. GREGG) were added as the name of the Senator from New At the request of Mr. WHITEHOUSE, cosponsors of S. 823, a bill to amend the Hampshire (Mr. GREGG) was added as a the name of the Senator from Illinois Internal Revenue Code of 1986 to allow cosponsor of S. 1012, a bill to require (Mr. DURBIN) was added as a cosponsor a 5-year carryback of operating losses, the Secretary of the Treasury to mint of amendment No. 1060 intended to be and for other purposes. coins in commemoration of the centen- proposed to H.R. 627, a bill to amend S. 908 nial of the establishment of Mother’s the Truth in Lending Act to establish At the request of Mr. BAYH, the name Day. fair and transparent practices relating of the Senator from Arkansas (Mrs. S. 1023 to the extension of credit under an LINCOLN) was added as a cosponsor of S. At the request of Mr. DORGAN, the open end consumer credit plan, and for 908, a bill to amend the Iran Sanctions names of the Senator from West Vir- other purposes. Act of 1996 to enhance United States ginia (Mr. ROCKEFELLER), the Senator AMENDMENT NO. 1079 diplomatic efforts with respect to Iran from Florida (Mr. NELSON) and the Sen- At the request of Ms. LANDRIEU, the by expanding economic sanctions ator from California (Mrs. BOXER) were names of the Senator from Hawaii (Mr. against Iran. added as cosponsors of S. 1023, a bill to INOUYE), the Senator from Maine (Ms. S. 938 establish a non-profit corporation to COLLINS) and the Senator from Min- At the request of Ms. LANDRIEU, the communicate United States entry poli- nesota (Ms. KLOBUCHAR) were added as name of the Senator from Indiana (Mr. cies and otherwise promote leisure, cosponsors of amendment No. 1079 pro- LUGAR) was added as a cosponsor of S. business, and scholarly travel to the posed to H.R. 627, a bill to amend the 938, a bill to require the President to United States. Truth in Lending Act to establish fair call a White House Conference on Chil- S. 1026 and transparent practices relating to dren and Youth in 2010. At the request of Mr. CORNYN, the the extension of credit under an open S. 943 names of the Senator from Missouri end consumer credit plan, and for other At the request of Mr. THUNE, the (Mrs. MCCASKILL) and the Senator from purposes. name of the Senator from Indiana (Mr. Georgia (Mr. CHAMBLISS) were added as AMENDMENT NO. 1091 LUGAR) was added as a cosponsor of S. cosponsors of S. 1026, a bill to amend At the request of Mr. CARDIN, the 943, a bill to amend the Clean Air Act the Uniformed and Overseas Citizens names of the Senator from Nebraska to permit the Administrator of the En- Absentee Voting Act to improve proce- (Mr. JOHANNS) and the Senator from vironmental Protection Agency to dures for the collection and delivery of Louisiana (Ms. LANDRIEU) were added waive the lifecycle greenhouse gas marked absentee ballots of absent as cosponsors of amendment No. 1091 emission reduction requirements for overseas uniformed service voters, and intended to be proposed to H.R. 627, a renewable fuel production, and for for other purposes. bill to amend the Truth in Lending Act other purposes. S. 1027 to establish fair and transparent prac- S. 950 At the request of Ms. STABENOW, the tices relating to the extension of credit At the request of Mrs. LINCOLN, the names of the Senator from Pennsyl- under an open end consumer credit name of the Senator from Mississippi vania (Mr. CASEY) and the Senator plan, and for other purposes. (Mr. COCHRAN) was added as a cospon- from Michigan (Mr. LEVIN) were added AMENDMENT NO. 1095 sor of S. 950, a bill to amend title XVIII as cosponsors of S. 1027, a bill to amend At the request of Mr. LEVIN, the of the Social Security Act to authorize title VII of the Tariff Act of 1930 to name of the Senator from Missouri physical therapists to evaluate and clarify that fundamental exchange-rate (Mrs. MCCASKILL) was added as a co- treat Medicare beneficiaries without a misalignment by any foreign nation is sponsor of amendment No. 1095 in- requirement for a physician referral, actionable under United States coun- tended to be proposed to H.R. 627, a bill and for other purposes. tervailing and antidumping duty laws, to amend the Truth in Lending Act to S. 957 and for other purposes. establish fair and transparent practices At the request of Mr. DURBIN, the S.J. RES. 15 relating to the extension of credit name of the Senator from Connecticut At the request of Mr. VITTER, the under an open end consumer credit (Mr. LIEBERMAN) was added as a co- names of the Senator from Alabama plan, and for other purposes. sponsor of S. 957, a bill to amend the (Mr. SHELBY) and the Senator from In- AMENDMENT NO. 1096 Public Health Service Act to ensure diana (Mr. LUGAR) were added as co- At the request of Mr. LEVIN, the that victims of public health emer- sponsors of S.J. Res. 15, a joint resolu- name of the Senator from Missouri

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5504 CONGRESSIONAL RECORD — SENATE May 14, 2009 (Mrs. MCCASKILL) was added as a co- known as AgJOBS. This bill is cospon- American farmers have moved at sponsor of amendment No. 1096 in- sored by Senators LEAHY, SCHUMER, least 84,155 acres of production to Mex- tended to be proposed to H.R. 627, a bill KENNEDY, KOHL, BOXER, DODD, ico. This is what we know of: Over to amend the Truth in Lending Act to LIEBERMAN, BINGAMAN, FEINGOLD, MUR- 84,000 acres of farm production now in establish fair and transparent practices RAY, KERRY, BILL NELSON, KAUFMAN, Mexico. This has resulted in the relating to the extension of credit CASEY, Cantwell, and Levin. It would growth of farm labor jobs in Mexico; under an open end consumer credit provide farmers with the stable, legal namely, 22,285 jobs to cultivate crops plan, and for other purposes. workforce they deserve by reforming that vary in diversity from avocados to AMENDMENT NO. 1099 the broken H–2A seasonal worker pro- green onions to watermelons. At the request of Mrs. FEINSTEIN, the gram and offering a pathway to citizen- This shortage of workers is dev- names of the Senator from New Jersey ship for hard-working, law-abiding im- astating American agriculture, and we (Mr. MENENDEZ) and the Senator from migrants already employed or who need to wake up and understand what Wisconsin (Mr. KOHL) were added as co- have been employed on American is happening. In the next 1 to 2 years, sponsors of amendment No. 1099 in- farms. the United States stands to lose $5 bil- tended to be proposed to H.R. 627, a bill This bill is supported by more than lion to $9 billion in agricultural sales to amend the Truth in Lending Act to 200 agricultural coalition and immigra- to foreign competition if Congress does establish fair and transparent practices tion reform groups throughout the Na- not act to provide a workforce for the relating to the extension of credit tion. American farming community. under an open end consumer credit Since I last came to the floor to talk California has already lost almost $1 plan, and for other purposes. about a solution to this crisis, it has billion from 2005 to 2006. It is estimated only grown. The bill is necessary, and I AMENDMENT NO. 1106 we will lose between $1.7 and $3.1 bil- believe Congress must act now to save At the request of Mrs. MURRAY, the lion in the next year. The California name of the Senator from Washington America’s agriculture industry. farm industry—the largest in Amer- Today across the United States, (Ms. CANTWELL) was added as a cospon- ica—was almost a $40 billion-a-year in- there are not enough agricultural sor of amendment No. 1106 intended to dustry. It is deteriorating every year. workers to do the pruning, picking, be proposed to H.R. 627, a bill to amend We are witnessing nothing less than packing, and harvesting of our coun- the Truth in Lending Act to establish the slow vanishing of American agri- try’s crops. With an inadequate supply fair and transparent practices relating culture. of workers, farmers from Maine to to the extension of credit under an Ayron Moiola, the executive director California, from Washington State to open end consumer credit plan, and for of the Imperial Valley Vegetable Grow- Georgia, have watched their produce ers Association, predicts that Califor- other purposes. rot in fields, and have been forced to AMENDMENT NO. 1107 nia’s asparagus crops will disappear fallow close to half a million acres of completely in the Imperial Valley if At the request of Ms. COLLINS, the land, and billions of dollars are being names of the Senator from Arizona their demand for specialized asparagus drained out of our economy as a result. planters and harvesters is not met. (Mr. KYL) and the Senator from Arkan- Farmers are downsizing their oper- Colorado farmers have estimated sas (Mr. PRYOR) were added as cospon- ations. Many are buying or leasing their State’s fruit and vegetable indus- sors of amendment No. 1107 proposed to land in Mexico. Others are going out of try will disappear completely in the H.R. 627, a bill to amend the Truth in business. Quite clearly, the labor situa- next 5 to 10 years without some pro- Lending Act to establish fair and tion facing the American farmer is an gram to provide a sustainable work- transparent practices relating to the emergency. extension of credit under an open end So some ask: Why don’t American force. consumer credit plan, and for other farmers hire Americans to do their As of February 2008, 35 to 45 New purposes. work? The unemployment rate is high. Hampshire farm operations have been at risk of going out of business or being f People are looking for jobs. So why don’t they hire Americans? forced to severely cut back operations STATEMENTS ON INTRODUCED The fact is, they have tried and tried due to labor shortages. BILLS AND JOINT RESOLUTIONS and tried. But there are very few Amer- This reduction in farm production By Mrs. FEINSTEIN (for herself, icans who are willing to take the job in would result in an estimated loss of Mr. LEAHY, Mr. SCHUMER, Mr. a hot field, doing backbreaking labor, 22,000 acres of farmland and $58 million KENNEDY, Mr. KOHL, Mrs. in temperatures that often exceed 100 of agricultural production for New BOXER, Mr. DODD, Mr. degrees. That is a fact. Hampshire alone. In addition, over 600 LIEBERMAN, Mr. BINGAMAN, Mr. The other fact is that immigrant full-time farm jobs and 4,300 jobs in ag- FEINGOLD, Mrs. MURRAY, Mr. workers are the backbone of America’s riculture-related businesses could be in KERRY, Mr. NELSON, of Florida, agricultural industry—a huge industry jeopardy. Mr. KAUFMAN, Mr. CASEY, Ms. and a proud industry, which is now I say to the Presiding Officer, I hear CANTWELL, and Mr. LEVIN): dying due to the lack of steady labor this from your apple growers in New S. 1038. A bill to improve agricultural supply. York, and I hear it from the dairy in- job opportunities, benefits, and secu- Farmers are departing the country in dustry throughout America. rity for aliens in the United States and order to stay in business, leaving dev- The situation is dire from coast to for other purposes; to the Committee astated farm communities behind. In coast, and urgent action is required to on the Judiciary. California, in the Great Central Valley, halt these trends. I do not think we can Mrs. FEINSTEIN. Mr. President, I farmers who once tended ‘‘America’s afford to lose our entire agricultural believe it is fair to say that there is a breadbasket’’ are now standing in industry because this has always been farm emergency in this country. Some bread lines, with unemployment rates a central and sustainable part of our of it is caused by drought, including in their communities that are as high national economy. Our food is clean; out West where California has had, for as 45 percent. Topsoil from fallowed there are strong pesticide controls in 3 years, a very serious drought. But land turning into dust now blows up in this country. I think most of us believe most of it is caused by the absence of sandstorms and has caused periodic we would much prefer to buy American farm labor—labor to help plant, prune, shutdowns of Interstate 5, the State’s produce than foreign produce. Yet we and harvest. main north-south freeway. may not have that opportunity. Many of us have listened to farm bu- As a result of Congress’s inaction, be- When farmers suffer, there is a ripple reaus throughout the country, spoken tween 2007 and 2008—1 year—1.56 mil- effect felt throughout the economy: in with farmers who are losing land, lion acres of farmland, once rich with farm equipment manufacturing, pack- fallowing land, and leasing land crops, are now dormant. That is 1.5 aging, processing, transportation, mar- abroad. I think the time has come to million acres dormant in a year. In keting, lending, and insurance. Jobs do something about it. California alone, in the past 5 years, are being lost, and our economy is Today, with 16 cosponsors, I am in- that amount—1.5 million acres—of pro- going to decline further as a result. troducing an agricultural worker bill duction has been lost. Low-producing farms mean a lowered

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You approximately three jobs in related other anticounterfeiting protections. see the workers in the field stooped sectors that are supported by having This provides, in effect, a biometric over, hour after hour, in the sun, when the agricultural community in this identifier for 1.35 million people who it is 100 degrees or more in tempera- country. are undocumented but in the country ture, and you can see the specific na- I have received a letter from the Port today. ture of this type of work. of Oakland, which depends heavily on AgJOBS would also streamline the People think of this work as un- agribusiness for its survival. According current guest worker program, known skilled labor, but it is not. It is a to the port, last year more than 750 as the H–2A program, which is cur- learned skill. These workers have to metric tons of agricultural products, rently unwieldy and ineffective. move fast and be trained to use the worth approximately $2.6 billion, were Among other things, the bill will farm equipment. They know how to shipped through the port, representing shorten the labor certification process, work skillfully with their hands and 40 percent of the port’s exports. which now often takes 60 days, reduc- move row after row, after row, down As these farms disappear, port jobs, ing the approval process to between 48 the field. basic jobs for people, also disappear. to 72 hours. Last summer, a young pregnant The central issue is not immigration; Advertising and positive recruitment woman working in the field collapsed it is the bottom line of the American for U.S. workers in the local labor mar- from heat exhaustion and was taken to economy. I think Congress should be ket is required by filing a job notifica- the hospital, where she died. Working doing everything we can to prevent tion with the local office of the State in the field is back breaking, difficult U.S. farms from closing down. employment security agency. work, and there are very few Ameri- Petitions for admission of H–2A There is a solution, and it is this bill. cans who are willing to do this work. workers must be processed and the con- This bill is well known, and this bill The backbone of the agriculture in- sulate or port of entry notified within has been well supported in the past dustry in my State is the undocu- 7 days of receipt. with a majority of votes. It is bipar- The adverse effect wage rate would mented workforce and it is time to rec- tisan. We can take it up and pass it be frozen for 3 years, to be gradually ognize that reality. I can’t have—and today, and that would immediately replaced with a prevailing wage stand- Mr. President, you can’t have—farmers help American farmers bolster the U.S. ard. standing in bread lines because they economy at a critical time. H–2A visas will be secure and coun- can’t get the labor to plant or harvest The AgJOBS bill has two parts. The terfeit resistant. their crops. The fields across America first meets the immediate needs of our The reforms to the H–2A agricultural are increasingly being fallowed and farmers by creating a program that worker program are especially impor- this does not make sense. would provide an opportunity for expe- tant to meet the needs of year-round Congress must stand tall and ac- rienced agricultural workers to earn agricultural industries, such as dairy, knowledge that the basic workforce in the right to apply for legal status in which are not covered by the seasonal the American agricultural community this country. program. is undocumented farm labor. Undocu- The second part meets the long-term Many say that dairy should use the mented workers take these jobs be- needs of farmers by reforming the H–2A seasonal H–2A program—but it does cause they are professional and proud program—that is the temporary work- not work for that industry. They need of the work that they do. I believe that er program for the farm industry—so workers 24/7, 365 days a year. is desirable. that if new workers are needed, farm- The National Milk Producers re- This bill has previously passed with ers and growers have a legal path to cently shared with me an economic more than a majority in comprehensive bring workers in to harvest their crops. study done by researchers at Texas immigration reform. It recognizes that The first step of the program requires A&M that will be released next week the American farm industry is in cri- that undocumented agricultural work- on the economic impacts of immigra- sis; that the industry is deteriorating; ers apply for a blue card if they can tion on U.S. dairy farms. Over 5,000 and that America is losing its produce. demonstrate they have worked in dairy farms, surveyed nationally, with This bill stands up for American farm- American agriculture in the United responses from 47 States, are in this ers and provides them with the work- States for at least 150 workdays within study. Of these, 50 percent use immi- force they deserve—American farmers the previous 2 years before December grant labor. Immigrant labor now ac- like Toni Scully, a pear farmer from 31, 2008. counts for 62 percent of milk produc- Lake County, CA. The second step requires that a blue tion in 47 States. Toni Scully experienced a dev- cardholder work in the U.S. agricul- As can be seen from this chart I have astating harvest that left much of her tural industry for an additional 150 in the Chamber, eliminating immi- pear crop rotting on the ground be- workdays per year for at least 3 years, grant labor would reduce the U.S. dairy cause she could not find workers in or 100 workdays per year for 5 years. herd by 1.34 million, milk production time for the harvest. At the end of this time, a worker can by 29.5 billion pounds, and the number Early last year, I heard from Dewey obtain a green card and can continue of farms by 4,532. Retail milk prices Zabka, an onion and potato farmer in to work in agriculture. would increase by an estimated 61 per- northern Colorado who, for the first Workers participating in the program cent. time in his company’s 50-year history, will be required to pay a fine of $500, This will be the result if we do not had to downsize 25 percent of his pro- show that they are current on their recognize what is a basic reality that duction. taxes, and that they have not been con- farm and dairy communities depend on In the State of New York, 800 farms victed of any crime that involves bod- undocumented workers, who are the and $700 million in sales may be forced ily injury, the threat of bodily injury only workers who will do this kind of to go out of business or scale back or harm to property. work. their farm operations if labor shortages Employment is verified through em- This is hard for people to believe. continue. For the first time since 1991, ployer-issued itemized statements, pay However, a while back, we posted no- Jim Bittner, the owner of Singer stubs, W–2 forms, employer letters, tices in the welfare departments of all Farms in Appleton, NY, razed 10 per- contracts or agreements, employer- 58 california counties that said: Agri- cent of his sweet cherry and peach or- sponsored health care, timecards or cultural worker jobs available. Please chards last year because he could not payment of taxes. sign up here. get farm labor. At the end of 5 years, those workers However, do you know how many For the 2009 season, California grow- will be able to gain citizenship in this workers came from this? Not a single ers who anticipate a shortage of reli- country. one. able labor are deciding to move away

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5506 CONGRESSIONAL RECORD — SENATE May 14, 2009 from planting permanent tree crops, certain vegetables and fruits will no ers who provide the skilled labor need- including peach, plumb, nectarine, al- longer grow in our Nation, where we ed to plant, tend and harvest our crops. mond, pomegranate, and olive trees. have stricter rules and regulations for The time is now, and the solution is Many of these farmers are safety. before us. I urge my colleagues to join supplementing these crops with pis- Once the trees are gone, they are re- me in support of AgJOBS and help re- tachios, which can be harvested me- placed by crops that do not require store America’s farms before it is too chanically. manual labor. As a result, our pears, late. In June 2008, The Oregonian reported our apples, our oranges will be increas- Mr. President, I ask unanimous con- that Oregon’s pear and onion industries ingly coming from foreign sources. sent that the text of the bill, letters of are at risk of not being able to sustain This is not what America wants, but it support, and list of supporters be print- production without consistent labor. is what Congress’s inaction compels. ed in the RECORD. In Yuma County, AZ, where agricul- The trend is quite clear. If there is There being no objection, the mate- tural workers earn between $10 and $19 not a means to grow and harvest our rial was ordered to be printed in the per hour, U.S. lettuce producers were produce in this country, we will import RECORD, as follows: unable to find enough laborers to har- produce from China, from Mexico, and S. 1038 vest the spring crop of lettuce for 2008. from other countries that have suffi- Be it enacted by the Senate and House of Rep- The truth is Americans will not do cient labor. If our farmers want to stay resentatives of the United States of America in the work that sustains agriculture. It in business, they will continue to go to Congress assembled, is hard, stooped labor requiring long Mexico and lease land and grow crops SECTION 1. SHORT TITLE, TABLE OF CONTENTS. and unpredictable hours. As a result, there. We are not doing our duty if we (a) SHORT TITLE.—This Act may be cited as the labor shortage will be persistent. It let this continue. the ‘‘Agricultural Job Opportunities, Bene- is not going to get better next year, Steve Scaroni has been in the Cali- fits, and Security Act of 2009’’ or the unless we have the courage and the fornia lettuce and broccoli industry for ‘‘AgJOBS Act of 2009’’. (b) TABLE OF CONTENTS.—The table of con- guts to stand up for a major industry over three decades. In recent years he tents for this Act is as follows: has moved 2,000 acres and 500 jobs from in America which deserves a steady Sec. 1. Short title, table of contents. labor base, particularly during these his $50 million operation in Heber, CA, Sec. 2. Definitions. difficult economic times. And there are to Guanajuato, Mexico. Steve wants TITLE I—PILOT PROGRAM FOR EARNED examples all over the nation that his business to survive, and he can’t STATUS ADJUSTMENT OF AGRICUL- Americans simply won’t fill these jobs. hire or plant. If he can’t plant, he can’t TURAL WORKERS H. Lee Showalter, a member of the pick. If he can’t pick, he can’t pack, Subtitle A—Blue Card Status Pennsylvania Apple Marketing Board, and he won’t be able to deliver a har- Sec. 101. Requirements for blue card status. points to the example of the largest vest. As a result, today Steve exports Sec. 102. Treatment of aliens granted blue Macintosh apple producer in New York, to the United States about 2 million card status. who is required to advertise for local pounds of lettuce a week. He has spent Sec. 103. Adjustment to permanent resi- labor before joining a migrant labor thousands of dollars to start up the dence. program. Of the 300 workers he needed new farms and to train workers to en- Sec. 104. Applications. Sec. 105. Waiver of numerical limitations to fill, only 1 American worker applied. sure that his crops meet U.S. food safe- and certain grounds for inad- Willoway Nurseries, Inc. has been in ty standards. missibility. business in northern Ohio since 1954. In Wilcox, AZ, Eurofresh Farms has Sec. 106. Administrative and judicial review. Willoway Nurseries has attempted to transferred tomato crops and 150 work- Sec. 107. Use of information. recruit local workers, though to no ers to Sonora, Mexico, where tomatoes Sec. 108. Regulations, effective date, author- avail. General nursery workers on this are grown and shipped to the U.S. on a ization of appropriations. farm earn a starting wage of $9.93 per daily basis. Subtitle B—Correction of Social Security hour. Yet it has been impossible for the Reforming the system means that we Records nursery to recruit American help. not only protect the agricultural in- Sec. 111. Correction of Social Security The Washington Farm Bureau re- dustry, but also the health of this Na- records. ported that nearly 500 tons of apples tion. This past July, the Food and Drug TITLE II—REFORM OF H–2A WORKER were not picked in Washington State’s Administration confirmed that a vari- PROGRAM apple harvests last year due to picker ety of jalapeno and serrano peppers Sec. 201. Amendments to the Immigration shortages. As Valoria H. Loveland, di- grown in Mexico caused an outbreak of and Nationality Act. rector of the Washington State Depart- salmonella in the United States. This TITLE III—MISCELLANEOUS PROVISIONS ment of Agriculture, stated in a letter outbreak was first thought to have Sec. 301. Determination and use of user fees. to me: originated in tomatoes. Sec. 302. Regulations. The repercussions of the outbreak Sec. 303. Reports to Congress. The reality of our local labor market [is Sec. 304. Effective date. that] local people who want to work are al- were felt on farms from coast to coast. SEC. 2. DEFINITIONS. ready employed, or are not interested in In Georgia alone, it is estimated that doing the seasonal and physically demanding the tomato scare cost local farmers In this Act: (1) AGRICULTURAL EMPLOYMENT.—The term work that characterizes our specialty crop about $14 million in total production production. ‘‘agricultural employment’’ means any serv- value. Nationwide, the tomato industry ice or activity that is considered to be agri- Experts estimate that nearly 80 per- lost at least $100 million due to lower cultural under section 3(f) of the Fair Labor cent of Florida’s approximately 150,000 prices and reduced demand. At the Standards Act of 1938 (29 U.S.C. 203(f)) or ag- agricultural workers are undocu- same time, over the last 15 years, im- ricultural labor under section 3121(g) of the mented immigrants. This is a $1.6 bil- ports of tomatoes have increased 179 Internal Revenue Code of 1986 or the per- lion a year business that produces up percent. Right now, almost 40 percent formance of agricultural labor or services de- to 90 percent of the fresh domestic to- of the tomatoes that we eat are grown scribed in section 101(a)(15)(H)(ii)(a) of the matoes that Americans eat between Immigration and Nationality Act (8 U.S.C. in a foreign country. Yet tomato farm- 1101(a)(15)(H)(ii)(a)). the months of December and May. ers are being forced to close shop. (2) BLUE CARD STATUS.—The term ‘‘blue Many farmers have been in business The agriculture industry has been card status’’ means the status of an alien for generations. Many farm the land seeking a resolution for the labor crisis who has been lawfully admitted into the that their parents and their grand- for the past 10 years. Mr. President, I United States for temporary residence under parents farmed before them. California have received over 50 letters of support section 101(a). farms produce approximately 350 dif- for AgJOBS. (3) DEPARTMENT.—The term ‘‘Department’’ ferent crops: pears, walnuts, raisins, I am committed to working with the means the Department of Homeland Secu- lettuce, onions, strawberries, and apri- Obama administration, and Senators rity. (4) EMPLOYER.—The term ‘‘employer’’ cots, just to name a few. Without re- LEAHY, SCHUMER, and KENNEDY, as well means any person or entity, including any form, we will continue to see the dete- as the House champions, Representa- farm labor contractor and any agricultural rioration of American farms nation- tives BERMAN and PUTNAM, and others, association, that employs workers in agri- wide. This includes the possibility that to support U.S. farmers and the work- cultural employment.

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(5) SECRETARY.—Except as otherwise pro- (B) provide a copy of such record to the ments of subparagraph (A) if the alien has vided, the term ‘‘Secretary’’ means the Sec- Secretary. performed 4 years of agricultural employ- retary of Homeland Security. (2) CIVIL PENALTIES.— ment in the United States for at least 150 (6) WORK DAY.—The term ‘‘work day’’ (A) IN GENERAL.—If the Secretary finds, work days during 3 years of those 4 years and means any day in which the individual is em- after notice and opportunity for a hearing, at least 100 work days during the remaining ployed 5.75 or more hours in agricultural em- that an employer of an alien granted blue year, during the 4-year period beginning on ployment. card status has failed to provide the record the date of the enactment of this Act. TITLE I—PILOT PROGRAM FOR EARNED of employment required under paragraph (1) (2) PROOF.—An alien may demonstrate STATUS ADJUSTMENT OF AGRICUL- or has provided a false statement of material compliance with the requirement under TURAL WORKERS fact in such a record, the employer shall be paragraph (1) by submitting— Subtitle A—Blue Card Status subject to a civil penalty in an amount not (A) the record of employment described in to exceed $1,000 per violation. section 101(e); or SEC. 101. REQUIREMENTS FOR BLUE CARD STA- (B) LIMITATION.—The penalty applicable (B) documentation that may be submitted TUS. under subparagraph (A) for failure to provide under section 104(c). (a) REQUIREMENT TO GRANT BLUE CARD records shall not apply unless the alien has (3) EXTRAORDINARY CIRCUMSTANCES.— STATUS.—Notwithstanding any other provi- provided the employer with evidence of em- (A) IN GENERAL.—In determining whether sion of law, the Secretary shall, pursuant to ployment authorization granted under this an alien has met the requirement of para- the requirements of this section, grant blue section. graph (1)(A), the Secretary may credit the card status to an alien who qualifies under (3) SUNSET.—The obligation under para- alien with not more than 12 additional this section if the Secretary determines that graph (1) shall terminate on the date that is months of agricultural employment in the the alien— 6 years after the date of the enactment of United States to meet such requirement if (1) has performed agricultural employment this Act. the alien was unable to work in agricultural in the United States for at least 863 hours or (f) REQUIRED FEATURES OF IDENTITY employment due to— 150 work days during the 24-month period CARD.—The Secretary shall provide each (i) pregnancy, injury, or disease, if the ending on December 31, 2008; alien granted blue card status, and the alien can establish such pregnancy, disabling (2) applied for such status during the 18- spouse and any child of each such alien resid- injury, or disease through medical records; month application period beginning on the ing in the United States, with a card that (ii) illness, disease, or other special needs first day of the seventh month that begins contains— of a minor child, if the alien can establish after the date of enactment of this Act; (1) an encrypted, machine-readable, elec- such illness, disease, or special needs (3) is otherwise admissible to the United tronic identification strip that is unique to through medical records; States under section 212 of the Immigration the alien to whom the card is issued; (iii) severe weather conditions that pre- and Nationality Act (8 U.S.C. 1182), except as (2) biometric identifiers, including finger- vented the alien from engaging in agricul- otherwise provided under section 105(b); and prints and a digital photograph; and tural employment for a significant period of (4) has not been convicted of any felony or (3) physical security features designed to time; or a misdemeanor, an element of which in- prevent tampering, counterfeiting, or dupli- (iv) termination from agricultural employ- volves bodily injury, threat of serious bodily cation of the card for fraudulent purposes. ment, if the Secretary finds that the termi- injury, or harm to property in excess of $500. (g) FINE.—An alien granted blue card sta- nation was without just cause and that the (b) AUTHORIZED TRAVEL.—An alien who is tus shall pay a fine of $100 to the Secretary. granted blue card status is authorized to alien was unable to find alternative agricul- (h) MAXIMUM NUMBER.—The Secretary may travel outside the United States (including tural employment after a reasonable job not issue more than 1,350,000 blue cards dur- commuting to the United States from a resi- search. ing the 5-year period beginning on the date FFECT OF FINDING.—A finding made dence in a foreign country) in the same man- (B) E of the enactment of this Act. under subparagraph (A)(iv), with respect to ner as an alien lawfully admitted for perma- an alien, shall not— nent residence. SEC. 102. TREATMENT OF ALIENS GRANTED BLUE (i) be conclusive, binding, or admissible in (c) AUTHORIZED EMPLOYMENT.—The Sec- CARD STATUS. retary shall provide an alien who is granted (a) IN GENERAL.—Except as otherwise pro- a separate or subsequent judicial or adminis- blue card status an employment authorized vided under this section, an alien granted trative action or proceeding between the endorsement or other appropriate work per- blue card status (including a spouse or child alien and a current or prior employer of the mit, in the same manner as an alien lawfully of the alien granted derivative status) shall alien or any other party; or admitted for permanent residence. be considered to be an alien lawfully admit- (ii) subject the alien’s employer to the pay- (d) TERMINATION OF BLUE CARD STATUS.— ted for permanent residence for purposes of ment of attorney fees incurred by the alien (1) DEPORTABLE ALIENS.—The Secretary any law other than any provision of the Im- in seeking to obtain a finding under subpara- shall terminate blue card status granted to migration and Nationality Act (8 U.S.C. 1101 graph (A)(iv). an alien if the Secretary determines that the et seq.). (4) APPLICATION PERIOD.—The alien applies alien is deportable. (b) DELAYED ELIGIBILITY FOR CERTAIN FED- for adjustment of status not later than 7 (2) OTHER GROUNDS FOR TERMINATION.—The ERAL PUBLIC BENEFITS.—Except as otherwise years after the date of the enactment of this Secretary shall terminate blue card status provided in law, an alien granted blue card Act. granted to an alien if— status (including a spouse or child of the (5) FINE.—The alien pays a fine of $400 to (A) the Secretary finds, by a preponderance alien granted derivative status) shall not be the Secretary. of the evidence, that the adjustment to blue eligible, by reason of such status, for any (b) GROUNDS FOR DENIAL OF ADJUSTMENT OF card status was the result of fraud or willful form of assistance or benefit described in STATUS.—The Secretary shall deny an alien misrepresentation, as described in section section 403(a) of the Personal Responsibility granted blue card status an adjustment of 212(a)(6)(C)(i) of the Immigration and Nation- and Work Opportunity Reconciliation Act of status under this section if— ality Act (8 U.S.C. 1182(a)(6)(C)(i)); or 1996 (8 U.S.C. 1613(a)) until 5 years after the (1) the Secretary finds, by a preponderance (B) the alien— date on which the alien is granted an adjust- of the evidence, that the adjustment to blue (i) commits an act that makes the alien in- ment of status under section 103. card status was the result of fraud or willful admissible to the United States under sec- SEC. 103. ADJUSTMENT TO PERMANENT RESI- misrepresentation, as described in section tion 212 of the Immigration and Nationality DENCE. 212(a)(6)(C)(i) of the Immigration and Nation- Act (8 U.S.C. 1182), except as provided under (a) IN GENERAL.—Except as provided in ality Act (8 U.S.C. 1182(a)(6)(C)(i)); or section 105(b); subsection (b), the Secretary shall adjust the (2) the alien— (ii) is convicted of a felony or 3 or more status of an alien granted blue card status to (A) commits an act that makes the alien misdemeanors committed in the United that of an alien lawfully admitted for perma- inadmissible to the United States under sec- States; nent residence if the Secretary determines tion 212 of the Immigration and Nationality (iii) is convicted of an offense, an element that the following requirements are satis- Act (8 U.S.C. 1182), except as provided under of which involves bodily injury, threat of se- fied: section 105(b); rious bodily injury, or harm to property in (1) QUALIFYING EMPLOYMENT.— (B) is convicted of a felony or 3 or more excess of $500; or (A) IN GENERAL.—Subject to subparagraph misdemeanors committed in the United (iv) fails to perform the agricultural em- (B), the alien has performed at least— States; ployment required under paragraph (1)(A) of (i) 5 years of agricultural employment in (C) is convicted of an offense, an element section 103(a) unless the alien was unable to the United States for at least 100 work days of which involves bodily injury, threat of se- work in agricultural employment due to the per year, during the 5-year period beginning rious bodily injury, or harm to property in extraordinary circumstances described in on the date of the enactment of this Act; or excess of $500; or paragraph (3) of such section. (ii) 3 years of agricultural employment in (D) failed to perform the agricultural em- (e) RECORD OF EMPLOYMENT.— the United States for at least 150 work days ployment required under paragraph (1)(A) of (1) IN GENERAL.—Each employer of an alien per year, during the 3-year period beginning subsection (a) unless the alien was unable to granted blue card status shall annually— on the date of the enactment of this Act. work in agricultural employment due to the (A) provide a written record of employ- (B) 4-YEAR PERIOD OF EMPLOYMENT.—An extraordinary circumstances described in ment to the alien; and alien shall be considered to meet the require- paragraph (3) of such subsection.

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(c) GROUNDS FOR REMOVAL.—Any alien (B) is convicted of a felony or 3 or more (A) to forward to the Secretary an applica- granted blue card status who does not apply misdemeanors committed in the United tion submitted to that entity pursuant to for adjustment of status under this section States; or subsection (a)(1)(B) if the applicant has con- before the expiration of the application pe- (C) is convicted of an offense, an element sented to such forwarding; riod described in subsection (a)(4) or who of which involves bodily injury, threat of se- (B) not to forward to the Secretary any fails to meet the other requirements of sub- rious bodily injury, or harm to property in such application if the applicant has not con- section (a) by the end of the application pe- excess of $500. sented to such forwarding; and riod, is deportable and may be removed SEC. 104. APPLICATIONS. (C) to assist an alien in obtaining docu- under section 240 of the Immigration and Na- (a) SUBMISSION.—The Secretary shall pro- mentation of the alien’s work history, if the tionality Act (8 U.S.C. 1229a). vide that— alien requests such assistance. (d) PAYMENT OF TAXES.— (1) applications for blue card status may be (2) NO AUTHORITY TO MAKE DETERMINA- (1) IN GENERAL.—Not later than the date on submitted— TIONS.—No qualified designated entity may which an alien’s status is adjusted under this (A) to the Secretary if the applicant is rep- make a determination required by this sub- section, the alien shall establish that the resented by an attorney or a nonprofit reli- title to be made by the Secretary. alien does not owe any applicable Federal gious, charitable, social service, or similar (e) LIMITATION ON ACCESS TO INFORMA- tax liability by establishing that— organization recognized by the Board of Im- TION.—Files and records collected or com- (A) no such tax liability exists; migration Appeals under section 292.2 of title piled by a qualified designated entity for the (B) all such outstanding tax liabilities 8, Code of Federal Regulations; or purposes of this section are confidential and have been paid; or (B) to a qualified designated entity if the the Secretary shall not have access to such (C) the alien has entered into an agreement applicant consents to the forwarding of the a file or record relating to an alien without for payment of all outstanding liabilities application to the Secretary; and the consent of the alien, except as allowed by with the Internal Revenue Service. (2) applications for adjustment of status a court order issued pursuant to subsection (2) APPLICABLE FEDERAL TAX LIABILITY.—In under section 103 shall be filed directly with (f). paragraph (1) the term ‘‘applicable Federal the Secretary. (f) CONFIDENTIALITY OF INFORMATION.— tax liability’’ means liability for Federal (b) QUALIFIED DESIGNATED ENTITY DE- (1) IN GENERAL.—Except as otherwise pro- taxes, including penalties and interest, owed FINED.—In this section, the term ‘‘qualified vided in this section, the Secretary or any for any year during the period of employ- designated entity’’ means— other official or employee of the Department ment required under subsection (a)(1) for (1) a qualified farm labor organization or or a bureau or agency of the Department is which the statutory period for assessment of an association of employers designated by prohibited from— any deficiency for such taxes has not ex- the Secretary; or (A) using information furnished by the ap- pired. (2) any such other person designated by the plicant pursuant to an application filed (3) IRS COOPERATION.—The Secretary of the Secretary if that Secretary determines such under this title, the information provided by Treasury shall establish rules and procedures person is qualified and has substantial expe- an applicant to a qualified designated entity, under which the Commissioner of Internal rience, demonstrated competence, and has a or any information provided by an employer Revenue shall provide documentation to an history of long-term involvement in the or former employer for any purpose other alien upon request to establish the payment preparation and submission of applications than to make a determination on the appli- of all taxes required by this subsection. for adjustment of status under section 209, cation or for imposing the penalties de- (e) SPOUSES AND MINOR CHILDREN.— 210, or 245 of the Immigration and Nation- scribed in subsection (g); (1) IN GENERAL.—Notwithstanding any ality Act (8 U.S.C. 1159, 1160, and 1255), the (B) making any publication in which the other provision of law, the Secretary shall Act entitled ‘‘An Act to adjust the status of information furnished by any particular in- confer the status of lawful permanent resi- Cuban refugees to that of lawful permanent dividual can be identified; or dent on the spouse and minor child of an residents of the United States, and for other (C) permitting a person other than a sworn alien granted any adjustment of status under purposes’’, approved November 2, 1966 (Public officer or employee of the Department or a subsection (a), including any individual who Law 89–732; 8 U.S.C. 1255 note), Public Law bureau or agency of the Department or, with was a minor child on the date such alien was 95–145 (8 U.S.C. 1255 note), or the Immigra- respect to applications filed with a qualified granted blue card status, if the spouse or tion Reform and Control Act of 1986 (Public designated entity, that qualified designated minor child applies for such status, or if the Law 99–603; 100 Stat. 3359) or any amendment entity, to examine individual applications. principal alien includes the spouse or minor made by that Act. (2) REQUIRED DISCLOSURES.—The Secretary child in an application for adjustment of sta- (c) PROOF OF ELIGIBILITY.— shall provide the information furnished tus to that of a lawful permanent resident. (1) IN GENERAL.—An alien may establish under this title or any other information de- (2) TREATMENT OF SPOUSES AND MINOR CHIL- that the alien meets the requirement of sec- rived from such furnished information to— DREN.— tion 101(a)(1) or 103(a)(1) through government (A) a duly recognized law enforcement en- (A) GRANTING OF STATUS AND REMOVAL.— employment records or records supplied by tity in connection with a criminal investiga- The Secretary shall grant derivative status employers or collective bargaining organiza- tion or prosecution, if such information is to the alien spouse and any minor child re- tions, and other reliable documentation as requested in writing by such entity; or siding in the United States of an alien grant- the alien may provide. The Secretary shall (B) an official coroner, for purposes of af- ed blue card status and shall not remove establish special procedures to properly cred- firmatively identifying a deceased indi- such derivative spouse or child during the it work in cases in which an alien was em- vidual, whether or not the death of such in- period that the alien granted blue card sta- ployed under an assumed name. dividual resulted from a crime. tus maintains such status, except as pro- (2) DOCUMENTATION OF WORK HISTORY.— (3) CONSTRUCTION.— vided in paragraph (3). A grant of derivative (A) BURDEN OF PROOF.—An alien applying (A) IN GENERAL.—Nothing in this sub- status to such a spouse or child under this for status under section 101(a) or 103(a) has section shall be construed to limit the use, subparagraph shall not decrease the number the burden of proving by a preponderance of or release, for immigration enforcement pur- of aliens who may receive blue card status the evidence that the alien has worked the poses or law enforcement purposes, of infor- under subsection (h) of section 101. requisite number of hours or days required mation contained in files or records of the (B) TRAVEL.—The derivative spouse and under section 101(a)(1) or 103(a)(1), as applica- Department pertaining to an application any minor child of an alien granted blue card ble. filed under this section, other than informa- status may travel outside the United States (B) TIMELY PRODUCTION OF RECORDS.—If an tion furnished by an applicant pursuant to in the same manner as an alien lawfully ad- employer or farm labor contractor employ- the application, or any other information de- mitted for permanent residence. ing such an alien has kept proper and ade- rived from the application, that is not avail- (C) EMPLOYMENT.—The derivative spouse of quate records respecting such employment, able from any other source. an alien granted blue card status may apply the alien’s burden of proof under subpara- (B) CRIMINAL CONVICTIONS.—Notwith- to the Secretary for a work permit to au- graph (A) may be met by securing timely standing any other provision of this sub- thorize such spouse to engage in any lawful production of those records under regula- section, information concerning whether the employment in the United States while such tions to be promulgated by the Secretary. alien applying for blue card status or an ad- alien maintains blue card status. (C) SUFFICIENT EVIDENCE.—An alien may justment of status under section 103 has been (3) GROUNDS FOR DENIAL OF ADJUSTMENT OF meet the burden of proof under subparagraph convicted of a crime at any time may be STATUS AND REMOVAL.—The Secretary shall (A) to establish that the alien has performed used or released for immigration enforce- deny an alien spouse or child adjustment of the days or hours of work required by section ment or law enforcement purposes. status under paragraph (1) and may remove 101(a)(1) or 103(a)(1) by producing sufficient (4) CRIME.—Any person who knowingly such spouse or child under section 240 of the evidence to show the extent of that employ- uses, publishes, or permits information to be Immigration and Nationality Act (8 U.S.C. ment as a matter of just and reasonable in- examined in violation of this subsection 1229a) if the spouse or child— ference. shall be subject to a fine in an amount not to (A) commits an act that makes the alien (d) APPLICATIONS SUBMITTED TO QUALIFIED exceed $10,000. spouse or child inadmissible to the United DESIGNATED ENTITIES.— (g) PENALTIES FOR FALSE STATEMENTS IN States under section 212 of such Act (8 U.S.C. (1) REQUIREMENTS.—Each qualified des- APPLICATIONS.— 1182), except as provided under section 105(b); ignated entity shall agree— (1) CRIMINAL PENALTY.—Any person who—

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(A) files an application for blue card status (B) GROUNDS THAT MAY NOT BE WAIVED.— administrative record established at the or an adjustment of status under section 103 Subparagraphs (A), (B), (C), (D), (G), (H), and time of the review by the appellate authority and knowingly and willfully falsifies, con- (I) of paragraph (2) and paragraphs (3) and (4) and the findings of fact and determinations ceals, or covers up a material fact or makes of such section 212(a) may not be waived by contained in such record shall be conclusive any false, fictitious, or fraudulent state- the Secretary under subparagraph (A). unless the applicant can establish abuse of ments or representations, or makes or uses (C) CONSTRUCTION.—Nothing in this para- discretion or that the findings are directly any false writing or document knowing the graph shall be construed as affecting the au- contrary to clear and convincing facts con- same to contain any false, fictitious, or thority of the Secretary other than under tained in the record considered as a whole. fraudulent statement or entry; or this subparagraph to waive provisions of SEC. 107. USE OF INFORMATION. (B) creates or supplies a false writing or such section 212(a). Beginning not later than the first day of document for use in making such an applica- (3) SPECIAL RULE FOR DETERMINATION OF the application period described in section tion, PUBLIC CHARGE.—An alien is not ineligible for 101(a)(2), the Secretary, in cooperation with shall be fined in accordance with title 18, blue card status or an adjustment of status qualified designated entities (as that term is United States Code, imprisoned not more under section 103 by reason of a ground of in- defined in section 104(b)), shall broadly dis- than 5 years, or both. admissibility under section 212(a)(4) of the seminate information respecting the benefits Immigration and Nationality Act (8 U.S.C. (2) INADMISSIBILITY.—An alien who is con- that aliens may receive under this subtitle victed of a crime under paragraph (1) shall be 1182(a)(4)) if the alien demonstrates a history and the requirements that an alien is re- considered to be inadmissible to the United of employment in the United States evidenc- quired to meet to receive such benefits. States on the ground described in section ing self-support without reliance on public SEC. 108. REGULATIONS, EFFECTIVE DATE, AU- 212(a)(6)(C)(i) of the Immigration and Nation- cash assistance. THORIZATION OF APPROPRIATIONS. (c) TEMPORARY STAY OF REMOVAL AND ality Act (8 U.S.C. 1182(a)(6)(C)(i)). (a) REGULATIONS.—The Secretary shall WORK AUTHORIZATION FOR CERTAIN APPLI- (h) ELIGIBILITY FOR LEGAL SERVICES.—Sec- issue regulations to implement this subtitle CANTS.— tion 504(a)(11) of Public Law 104–134 (110 Stat. not later than the first day of the seventh 1321–53 et seq.) shall not be construed to pre- (1) BEFORE APPLICATION PERIOD.—Effective month that begins after the date of enact- vent a recipient of funds under the Legal on the date of enactment of this Act, the ment of this Act. Services Corporation Act (42 U.S.C. 2996 et Secretary shall provide that, in the case of (b) EFFECTIVE DATE.—This subtitle shall seq.) from providing legal assistance directly an alien who is apprehended before the be- take effect on the date that regulations re- related to an application for blue card status ginning of the application period described quired by subsection (a) are issued, regard- or an adjustment of status under section 103. in section 101(a)(2) and who can establish a less of whether such regulations are issued (i) APPLICATION FEES.— nonfrivolous case of eligibility for blue card on an interim basis or on any other basis. (1) FEE SCHEDULE.—The Secretary shall status (but for the fact that the alien may (c) AUTHORIZATION OF APPROPRIATIONS.— provide for a schedule of fees that— not apply for such status until the beginning There are authorized to be appropriated to (A) shall be charged for the filing of an ap- of such period), until the alien has had the the Secretary such sums as may be nec- plication for blue card status or for an ad- opportunity during the first 30 days of the essary to implement this subtitle, including justment of status under section 103; and application period to complete the filing of any sums needed for costs associated with (B) may be charged by qualified designated an application for blue card status, the the initiation of such implementation, for entities to help defray the costs of services alien— fiscal years 2009 and 2010. provided to such applicants. (A) may not be removed; and Subtitle B—Correction of Social Security (2) PROHIBITION ON EXCESS FEES BY QUALI- (B) shall be granted authorization to en- Records FIED DESIGNATED ENTITIES.—A qualified des- gage in employment in the United States and be provided an employment authorized SEC. 111. CORRECTION OF SOCIAL SECURITY ignated entity may not charge any fee in ex- RECORDS. endorsement or other appropriate work per- cess of, or in addition to, the fees authorized (a) IN GENERAL.—Section 208(e)(1) of the under paragraph (1)(B) for services provided mit for such purpose. Social Security Act (42 U.S.C. 408(e)(1)) is to applicants. (2) DURING APPLICATION PERIOD.—The Sec- amended— (3) DISPOSITION OF FEES.— retary shall provide that, in the case of an (1) in subparagraph (B)(ii), by striking ‘‘or’’ (A) IN GENERAL.—There is established in alien who presents a nonfrivolous applica- at the end; the general fund of the Treasury a separate tion for blue card status during the applica- (2) in subparagraph (C), by inserting ‘‘or’’ account, which shall be known as the ‘‘Agri- tion period described in section 101(a)(2), in- at the end; cultural Worker Immigration Status Adjust- cluding an alien who files such an applica- (3) by inserting after subparagraph (C) the ment Account’’. Notwithstanding any other tion within 30 days of the alien’s apprehen- following: provision of law, there shall be deposited as sion, and until a final determination on the ‘‘(D) who is granted blue card status under offsetting receipts into the account all fees application has been made in accordance the Agricultural Job Opportunities, Benefits, collected under paragraph (1)(A). with this section, the alien— and Security Act of 2009’’; and (B) USE OF FEES FOR APPLICATION PROC- (A) may not be removed; and (4) by striking ‘‘1990.’’ and inserting ‘‘1990, ESSING.—Amounts deposited in the ‘‘Agricul- (B) shall be granted authorization to en- or in the case of an alien described in sub- tural Worker Immigration Status Adjust- gage in employment in the United States paragraph (D), if such conduct is alleged to ment Account’’ shall remain available to the and be provided an employment authorized have occurred before the date on which the Secretary until expended for processing ap- endorsement or other appropriate work per- alien was granted blue card status.’’. plications for blue card status or an adjust- mit for such purpose. (b) EFFECTIVE DATE.—The amendments ment of status under section 103. SEC. 106. ADMINISTRATIVE AND JUDICIAL RE- made by subsection (a) shall take effect on SEC. 105. WAIVER OF NUMERICAL LIMITATIONS VIEW. the first day of the seventh month that be- AND CERTAIN GROUNDS FOR INAD- (a) IN GENERAL.—There shall be no admin- gins after the date of the enactment of this MISSIBILITY. istrative or judicial review of a determina- Act. (a) NUMERICAL LIMITATIONS DO NOT tion respecting an application for blue card TITLE II—REFORM OF H–2A WORKER APPLY.—The numerical limitations of sec- status or adjustment of status under section tions 201 and 202 of the Immigration and Na- 103 except in accordance with this section. PROGRAM tionality Act (8 U.S.C. 1151 and 1152) shall (b) ADMINISTRATIVE REVIEW.— SEC. 201. AMENDMENTS TO THE IMMIGRATION not apply to the adjustment of aliens to law- (1) SINGLE LEVEL OF ADMINISTRATIVE APPEL- AND NATIONALITY ACT. ful permanent resident status under section LATE REVIEW.—The Secretary shall establish (a) IN GENERAL.—Title II of the Immigra- 103. an appellate authority to provide for a single tion and Nationality Act (8 U.S.C. 1151 et (b) WAIVER OF CERTAIN GROUNDS OF INAD- level of administrative appellate review of seq.) is amended by striking section 218 and MISSIBILITY.—In the determination of an such a determination. inserting the following: alien’s eligibility for status under section (2) STANDARD FOR REVIEW.—Such adminis- ‘‘SEC. 218. H–2A EMPLOYER APPLICATIONS. 101(a) or an alien’s eligibility for adjustment trative appellate review shall be based solely ‘‘(a) APPLICATIONS TO THE SECRETARY OF of status under section 103(b)(2)(A) the fol- upon the administrative record established LABOR.— lowing rules shall apply: at the time of the determination on the ap- ‘‘(1) IN GENERAL.—No alien may be admit- (1) GROUNDS OF EXCLUSION NOT APPLICA- plication and upon such additional or newly ted to the United States as an H–2A worker, BLE.—The provisions of paragraphs (5), discovered evidence as may not have been or otherwise provided status as an H–2A (6)(A), (7), and (9) of section 212(a) of the Im- available at the time of the determination. worker, unless the employer has filed with migration and Nationality Act (8 U.S.C. (c) JUDICIAL REVIEW.— the Secretary of Labor an application con- 1182(a)) shall not apply. (1) LIMITATION TO REVIEW OF REMOVAL.— taining— (2) WAIVER OF OTHER GROUNDS.— There shall be judicial review of such a de- ‘‘(A) the assurances described in subsection (A) IN GENERAL.—Except as provided in termination only in the judicial review of an (b); subparagraph (B), the Secretary may waive order of removal under section 242 of the Im- ‘‘(B) a description of the nature and loca- any other provision of such section 212(a) in migration and Nationality Act (8 U.S.C. tion of the work to be performed; the case of individual aliens for humani- 1252). ‘‘(C) the anticipated period (expected be- tarian purposes, to ensure family unity, or if (2) STANDARD FOR JUDICIAL REVIEW.—Such ginning and ending dates) for which the otherwise in the public interest. judicial review shall be based solely upon the workers will be needed; and

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‘‘(D) the number of job opportunities in ‘‘(E) REQUIREMENTS FOR PLACEMENT OF THE workers in a publication in the local labor which the employer seeks to employ the NONIMMIGRANT WITH OTHER EMPLOYERS.—The market that is likely to be patronized by po- workers. employer will not place the nonimmigrant tential farm workers. ‘‘(2) ACCOMPANIED BY JOB OFFER.—Each ap- with another employer unless— ‘‘(IV) EMERGENCY PROCEDURES.—The Sec- plication filed under paragraph (1) shall be ‘‘(i) the nonimmigrant performs duties in retary of Labor shall, by regulation, provide accompanied by a copy of the job offer de- whole or in part at 1 or more worksites a procedure for acceptance and approval of scribing the wages and other terms and con- owned, operated, or controlled by such other applications in which the employer has not ditions of employment and the bona fide oc- employer; complied with the provisions of this subpara- cupational qualifications that shall be pos- ‘‘(ii) there are indicia of an employment graph because the employer’s need for H–2A sessed by a worker to be employed in the job relationship between the nonimmigrant and workers could not reasonably have been fore- opportunity in question. such other employer; and seen. ‘‘(b) ASSURANCES FOR INCLUSION IN APPLI- ‘‘(iii) the employer has inquired of the ‘‘(ii) JOB OFFERS.—The employer has of- CATIONS.—The assurances referred to in sub- other employer as to whether, and has no ac- fered or will offer the job to any eligible section (a)(1) are the following: tual knowledge or notice that, during the pe- United States worker who applies and is ‘‘(1) JOB OPPORTUNITIES COVERED BY COLLEC- riod of employment and for a period of 30 equally or better qualified for the job for TIVE BARGAINING AGREEMENTS.—With respect days preceding the period of employment, which the nonimmigrant is, or non- to a job opportunity that is covered under a the other employer has displaced or intends immigrants are, sought and who will be collective bargaining agreement: to displace a United States worker employed available at the time and place of need. ‘‘(A) UNION CONTRACT DESCRIBED.—The job by the other employer in the occupation at ‘‘(iii) PERIOD OF EMPLOYMENT.—The em- opportunity is covered by a union contract the place of employment for which the em- ployer will provide employment to any which was negotiated at arm’s length be- ployer seeks approval to employ H–2A work- qualified United States worker who applies tween a bona fide union and the employer. ers. to the employer during the period beginning ‘‘(B) STRIKE OR LOCKOUT.—The specific job ‘‘(F) STATEMENT OF LIABILITY.—The appli- on the date on which the H–2A worker de- opportunity for which the employer is re- cation form shall include a clear statement parts for the employer’s place of employ- questing an H–2A worker is not vacant be- explaining the liability under subparagraph ment and ending on the date on which 50 per- cause the former occupant is on strike or (E) of an employer if the other employer de- cent of the period of employment for which being locked out in the course of a labor dis- scribed in such subparagraph displaces a the H–2A worker who is in the job was hired pute. United States worker as described in such has elapsed, subject to the following require- ‘‘(C) NOTIFICATION OF BARGAINING REP- subparagraph. ments: RESENTATIVES.—The employer, at the time of ‘‘(G) PROVISION OF INSURANCE.—If the job ‘‘(I) PROHIBITION.—No person or entity filing the application, has provided notice of opportunity is not covered by the State shall willfully and knowingly withhold the filing under this paragraph to the bar- workers’ compensation law, the employer United States workers before the arrival of gaining representative of the employer’s em- will provide, at no cost to the worker, insur- H–2A workers in order to force the hiring of ployees in the occupational classification at ance covering injury and disease arising out United States workers under this clause. the place or places of employment for which of and in the course of the worker’s employ- ‘‘(II) COMPLAINTS.—Upon receipt of a com- aliens are sought. ment which will provide benefits at least plaint by an employer that a violation of ‘‘(D) TEMPORARY OR SEASONAL JOB OPPOR- equal to those provided under the State’s subclause (I) has occurred, the Secretary of TUNITIES.—The job opportunity is temporary workers’ compensation law for comparable Labor shall immediately investigate. The or seasonal. employment. Secretary of Labor shall, within 36 hours of ‘‘(E) OFFERS TO UNITED STATES WORKERS.— ‘‘(H) EMPLOYMENT OF UNITED STATES WORK- the receipt of the complaint, issue findings The employer has offered or will offer the job ERS.— concerning the alleged violation. If the Sec- to any eligible United States worker who ap- ‘‘(i) RECRUITMENT.—The employer has retary of Labor finds that a violation has oc- plies and is equally or better qualified for taken or will take the following steps to re- curred, the Secretary of Labor shall imme- the job for which the nonimmigrant is, or cruit United States workers for the job op- diately suspend the application of this clause the nonimmigrants are, sought and who will portunities for which the H–2A non- with respect to that certification for that be available at the time and place of need. immigrant is, or H–2A nonimmigrants are, date of need. ‘‘(F) PROVISION OF INSURANCE.—If the job sought: ‘‘(III) PLACEMENT OF UNITED STATES WORK- opportunity is not covered by the State ‘‘(I) CONTACTING FORMER WORKERS.—The ERS.—Before referring a United States work- workers’ compensation law, the employer employer shall make reasonable efforts er to an employer during the period de- will provide, at no cost to the worker, insur- through the sending of a letter by United scribed in the matter preceding subclause (I), ance covering injury and disease arising out States Postal Service mail, or otherwise, to the Secretary of Labor shall make all rea- of, and in the course of, the worker’s employ- contact any United States worker the em- sonable efforts to place the United States ment which will provide benefits at least ployer employed during the previous season worker in an open job acceptable to the equal to those provided under the State’s in the occupation at the place of intended worker, if there are other job offers pending workers’ compensation law for comparable employment for which the employer is ap- with the job service that offer similar job op- employment. plying for workers and has made the avail- portunities in the area of intended employ- ‘‘(2) JOB OPPORTUNITIES NOT COVERED BY ability of the employer’s job opportunities in ment. COLLECTIVE BARGAINING AGREEMENTS.—With the occupation at the place of intended em- ‘‘(iv) STATUTORY CONSTRUCTION.—Nothing respect to a job opportunity that is not cov- ployment known to such previous workers, in this subparagraph shall be construed to ered under a collective bargaining agree- unless the worker was terminated from em- prohibit an employer from using such legiti- ment: ployment by the employer for a lawful job- mate selection criteria relevant to the type ‘‘(A) STRIKE OR LOCKOUT.—The specific job related reason or abandoned the job before of job that are normal or customary to the opportunity for which the employer has ap- the worker completed the period of employ- type of job involved so long as such criteria plied for an H–2A worker is not vacant be- ment of the job opportunity for which the are not applied in a discriminatory manner. cause the former occupant is on strike or worker was hired. ‘‘(c) APPLICATIONS BY ASSOCIATIONS ON BE- being locked out in the course of a labor dis- ‘‘(II) FILING A JOB OFFER WITH THE LOCAL HALF OF EMPLOYER MEMBERS.— pute. OFFICE OF THE STATE EMPLOYMENT SECURITY ‘‘(1) IN GENERAL.—An agricultural associa- ‘‘(B) TEMPORARY OR SEASONAL JOB OPPORTU- AGENCY.—Not later than 28 days before the tion may file an application under sub- NITIES.—The job opportunity is temporary or date on which the employer desires to em- section (a) on behalf of 1 or more of its em- seasonal. ploy an H–2A worker in a temporary or sea- ployer members that the association cer- ‘‘(C) BENEFIT, WAGE, AND WORKING CONDI- sonal agricultural job opportunity, the em- tifies in its application has or have agreed in TIONS.—The employer will provide, at a min- ployer shall submit a copy of the job offer writing to comply with the requirements of imum, the benefits, wages, and working con- described in subsection (a)(2) to the local of- this section and sections 218A, 218B, and ditions required by section 218A to all work- fice of the State employment security agen- 218C. ers employed in the job opportunities for cy which serves the area of intended employ- ‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS which the employer has applied for an H–2A ment and authorize the posting of the job op- EMPLOYERS.—If an association filing an ap- worker under subsection (a) and to all other portunity on ‘America’s Job Bank’ or other plication under paragraph (1) is a joint or workers in the same occupation at the place electronic job registry, except that nothing sole employer of the temporary or seasonal of employment. in this subclause shall require the employer agricultural workers requested on the appli- ‘‘(D) NONDISPLACEMENT OF UNITED STATES to file an interstate job order under section cation, the certifications granted under sub- WORKERS.—The employer did not displace 653 of title 20, Code of Federal Regulations. section (e)(2)(B) to the association may be and will not displace a United States worker ‘‘(III) ADVERTISING OF JOB OPPORTUNITIES.— used for the certified job opportunities of employed by the employer during the period Not later than 14 days before the date on any of its producer members named on the of employment and for a period of 30 days which the employer desires to employ an H– application, and such workers may be trans- preceding the period of employment in the 2A worker in a temporary or seasonal agri- ferred among such producer members to per- occupation at the place of employment for cultural job opportunity, the employer shall form the agricultural services of a tem- which the employer has applied for an H–2A advertise the availability of the job opportu- porary or seasonal nature for which the cer- worker. nities for which the employer is seeking tifications were granted.

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‘‘(d) WITHDRAWAL OF APPLICATIONS.— ‘‘(1) REQUIREMENT TO PROVIDE HOUSING OR A that there is adequate housing available in ‘‘(1) IN GENERAL.—An employer may with- HOUSING ALLOWANCE.— the area of intended employment for mi- draw an application filed pursuant to sub- ‘‘(A) IN GENERAL.—An employer applying grant farm workers and H–2A workers who section (a), except that if the employer is an under section 218(a) for H–2A workers shall are seeking temporary housing while em- agricultural association, the association offer to provide housing at no cost to all ployed in agricultural work. Such certifi- may withdraw an application filed pursuant workers in job opportunities for which the cation shall expire after 3 years unless re- to subsection (a) with respect to 1 or more of employer has applied under that section and newed by the Governor of the State. its members. To withdraw an application, to all other workers in the same occupation ‘‘(iii) AMOUNT OF ALLOWANCE.— the employer or association shall notify the at the place of employment, whose place of ‘‘(I) NONMETROPOLITAN COUNTIES.—If the Secretary of Labor in writing, and the Sec- residence is beyond normal commuting dis- place of employment of the workers provided retary of Labor shall acknowledge in writing tance. an allowance under this subparagraph is a the receipt of such withdrawal notice. An ‘‘(B) TYPE OF HOUSING.—In complying with nonmetropolitan county, the amount of the employer who withdraws an application subparagraph (A), an employer may, at the housing allowance under this subparagraph under subsection (a), or on whose behalf an employer’s election, provide housing that shall be equal to the statewide average fair application is withdrawn, is relieved of the meets applicable Federal standards for tem- market rental for existing housing for non- obligations undertaken in the application. porary labor camps or secure housing that metropolitan counties for the State, as es- ‘‘(2) LIMITATION.—An application may not meets applicable local standards for rental tablished by the Secretary of Housing and be withdrawn while any alien provided sta- or public accommodation housing or other Urban Development pursuant to section 8(c) tus under section 101(a)(15)(H)(ii)(a) pursuant substantially similar class of habitation, or of the United States Housing Act of 1937 (42 to such application is employed by the em- in the absence of applicable local standards, U.S.C. 1437f(c)), based on a 2-bedroom dwell- ployer. State standards for rental or public accom- ing unit and an assumption of 2 persons per ‘‘(3) OBLIGATIONS UNDER OTHER STATUTES.— modation housing or other substantially bedroom. Any obligation incurred by an employer similar class of habitation. In the absence of ‘‘(II) METROPOLITAN COUNTIES.—If the place under any other law or regulation as a result applicable local or State standards, Federal of employment of the workers provided an of the recruitment of United States workers temporary labor camp standards shall apply. allowance under this paragraph is in a met- or H–2A workers under an offer of terms and ‘‘(C) FAMILY HOUSING.—If it is the pre- ropolitan county, the amount of the housing conditions of employment required as a re- vailing practice in the occupation and area allowance under this subparagraph shall be sult of making an application under sub- of intended employment to provide family equal to the statewide average fair market section (a) is unaffected by withdrawal of housing, family housing shall be provided to rental for existing housing for metropolitan such application. workers with families who request it. counties for the State, as established by the ‘‘(D) WORKERS ENGAGED IN THE RANGE PRO- Secretary of Housing and Urban Develop- ‘‘(e) REVIEW AND APPROVAL OF APPLICA- DUCTION OF LIVESTOCK.—The Secretary of ment pursuant to section 8(c) of the United TIONS.— Labor shall issue regulations that address States Housing Act of 1937 (42 U.S.C. ‘‘(1) RESPONSIBILITY OF EMPLOYERS.—The employer shall make available for public ex- the specific requirements for the provision of 1437f(c)), based on a 2-bedroom dwelling unit amination, within 1 working day after the housing to workers engaged in the range pro- and an assumption of 2 persons per bedroom. duction of livestock. EIMBURSEMENT OF TRANSPORTATION.— date on which an application under sub- ‘‘(2) R ‘‘(E) LIMITATION.—Nothing in this para- ‘‘(A) TO PLACE OF EMPLOYMENT.—A worker section (a) is filed, at the employer’s prin- graph shall be construed to require an em- who completes 50 percent of the period of cipal place of business or worksite, a copy of ployer to provide or secure housing for per- employment of the job opportunity for which each such application (and such accom- sons who were not entitled to such housing the worker was hired shall be reimbursed by panying documents as are necessary). under the temporary labor certification reg- the employer for the cost of the worker’s ‘‘(2) RESPONSIBILITY OF THE SECRETARY OF ulations in effect on June 1, 1986. transportation and subsistence from the LABOR.— ‘‘(F) CHARGES FOR HOUSING.— place from which the worker came to work ‘‘(A) COMPILATION OF LIST.—The Secretary ‘‘(i) CHARGES FOR PUBLIC HOUSING.—If pub- for the employer (or place of last employ- of Labor shall compile, on a current basis, a lic housing provided for migrant agricultural ment, if the worker traveled from such list (by employer and by occupational classi- workers under the auspices of a local, coun- place) to the place of employment. fication) of the applications filed under sub- ty, or State government is secured by an em- ‘‘(B) FROM PLACE OF EMPLOYMENT.—A section (a). Such list shall include the wage ployer, and use of the public housing unit worker who completes the period of employ- rate, number of workers sought, period of in- normally requires charges from migrant ment for the job opportunity involved shall tended employment, and date of need. The workers, such charges shall be paid by the be reimbursed by the employer for the cost Secretary of Labor shall make such list employer directly to the appropriate indi- of the worker’s transportation and subsist- available for examination in the District of vidual or entity affiliated with the housing’s ence from the place of employment to the Columbia. management. place from which the worker, disregarding ‘‘(B) REVIEW OF APPLICATIONS.—The Sec- ‘‘(ii) DEPOSIT CHARGES.—Charges in the intervening employment, came to work for retary of Labor shall review such an applica- form of deposits for bedding or other similar the employer, or to the place of next employ- tion only for completeness and obvious inac- incidentals related to housing shall not be ment, if the worker has contracted with a curacies. Unless the Secretary of Labor finds levied upon workers by employers who pro- subsequent employer who has not agreed to that the application is incomplete or obvi- vide housing for their workers. An employer provide or pay for the worker’s transpor- ously inaccurate, the Secretary of Labor may require a worker found to have been re- tation and subsistence to such subsequent shall certify that the intending employer has sponsible for damage to such housing which employer’s place of employment. filed with the Secretary of Labor an applica- is not the result of normal wear and tear re- ‘‘(C) LIMITATION.— tion as described in subsection (a). Such cer- lated to habitation to reimburse the em- ‘‘(i) AMOUNT OF REIMBURSEMENT.—Except tification shall be provided within 7 days of ployer for the reasonable cost of repair of as provided in clause (ii), the amount of re- the filing of the application.’’ such damage. imbursement provided under subparagraph ‘‘SEC. 218A. H–2A EMPLOYMENT REQUIREMENTS. ‘‘(G) HOUSING ALLOWANCE AS ALTER- (A) or (B) to a worker or alien shall not ex- ‘‘(a) PREFERENTIAL TREATMENT OF ALIENS NATIVE.— ceed the lesser of— PROHIBITED.—Employers seeking to hire ‘‘(i) IN GENERAL.—If the requirement set ‘‘(I) the actual cost to the worker or alien United States workers shall offer the United out in clause (ii) is satisfied, the employer of the transportation and subsistence in- States workers no less than the same bene- may provide a reasonable housing allowance volved; or fits, wages, and working conditions that the instead of offering housing under subpara- ‘‘(II) the most economical and reasonable employer is offering, intends to offer, or will graph (A). Upon the request of a worker common carrier transportation charges and provide to H–2A workers. Conversely, no job seeking assistance in locating housing, the subsistence costs for the distance involved. offer may impose on United States workers employer shall make a good faith effort to ‘‘(ii) DISTANCE TRAVELED.—No reimburse- any restrictions or obligations which will assist the worker in identifying and locating ment under subparagraph (A) or (B) shall be not be imposed on the employer’s H–2A housing in the area of intended employment. required if the distance traveled is 100 miles workers. An employer who offers a housing allowance or less, or the worker is not residing in em- ‘‘(b) MINIMUM BENEFITS, WAGES, AND WORK- to a worker, or assists a worker in locating ployer-provided housing or housing secured ING CONDITIONS.—Except in cases where high- housing which the worker occupies, pursuant through an allowance as provided in para- er benefits, wages, or working conditions are to this clause shall not be deemed a housing graph (1)(G). required by the provisions of subsection (a), provider under section 203 of the Migrant and ‘‘(D) EARLY TERMINATION.—If the worker is in order to protect similarly employed Seasonal Agricultural Worker Protection laid off or employment is terminated for United States workers from adverse effects Act (29 U.S.C. 1823) solely by virtue of pro- contract impossibility (as described in para- with respect to benefits, wages, and working viding such housing allowance. No housing graph (4)(D)) before the anticipated ending conditions, every job offer which shall ac- allowance may be used for housing which is date of employment, the employer shall pro- company an application under section owned or controlled by the employer. vide the transportation and subsistence re- 218(b)(2) shall include each of the following ‘‘(ii) CERTIFICATION.—The requirement of quired by subparagraph (B) and, notwith- benefit, wage, and working condition provi- this clause is satisfied if the Governor of the standing whether the worker has completed sions: State certifies to the Secretary of Labor 50 percent of the period of employment, shall

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provide the transportation reimbursement and above the 3⁄4 guarantee described in para- ‘‘(iv) FINAL REPORT.—Not later than De- required by subparagraph (A). graph (4); cember 31, 2011, the Commission shall submit ‘‘(E) TRANSPORTATION BETWEEN LIVING ‘‘(iv) the hours actually worked by the a report to the Congress setting forth the QUARTERS AND WORKSITE.—The employer worker; findings of the study conducted under clause shall provide transportation between the ‘‘(v) an itemization of the deductions made (iii). worker’s living quarters and the employer’s from the worker’s wages; and ‘‘(v) TERMINATION DATE.—The Commission worksite without cost to the worker, and ‘‘(vi) if piece rates of pay are used, the shall terminate upon submitting its final re- such transportation will be in accordance units produced daily. port. with applicable laws and regulations. ‘‘(G) REPORT ON WAGE PROTECTIONS.—Not ‘‘(4) GUARANTEE OF EMPLOYMENT.— ‘‘(3) REQUIRED WAGES.— later than December 31, 2011, the Comp- ‘‘(A) OFFER TO WORKER.—The employer ‘‘(A) IN GENERAL.—An employer applying troller General of the United States shall shall guarantee to offer the worker employ- for workers under section 218(a) shall offer to prepare and transmit to the Secretary of ment for the hourly equivalent of at least 3⁄4 pay, and shall pay, all workers in the occu- Labor, the Committee on the Judiciary of of the work days of the total period of em- pation for which the employer has applied the Senate, and Committee on the Judiciary ployment, beginning with the first work day for workers, not less (and is not required to of the House of Representatives, a report after the arrival of the worker at the place of pay more) than the greater of the prevailing that addresses— employment and ending on the expiration wage in the occupation in the area of in- ‘‘(i) whether the employment of H–2A or date specified in the job offer. For purposes tended employment or the adverse effect unauthorized aliens in the United States ag- of this subparagraph, the hourly equivalent wage rate. No worker shall be paid less than ricultural workforce has depressed United means the number of hours in the work days the greater of the hourly wage prescribed States farm worker wages below the levels as stated in the job offer and shall exclude under section 6(a)(1) of the Fair Labor Stand- that would otherwise have prevailed if alien the worker’s Sabbath and Federal holidays. ards Act of 1938 (29 U.S.C. 206(a)(1)) or the ap- farm workers had not been employed in the If the employer affords the United States or plicable State minimum wage. United States; H–2A worker less employment than that re- ‘‘(B) LIMITATION.—Effective on the date of ‘‘(ii) whether an adverse effect wage rate is quired under this paragraph, the employer the enactment of the Agricultural Job Op- necessary to prevent wages of United States portunities, Benefits, and Security Act of farm workers in occupations in which H–2A shall pay such worker the amount which the 2009 and continuing for 3 years thereafter, no workers are employed from falling below the worker would have earned had the worker, in adverse effect wage rate for a State may be wage levels that would have prevailed in the fact, worked for the guaranteed number of more than the adverse effect wage rate for absence of the employment of H–2A workers hours. that State in effect on January 1, 2009, as es- in those occupations; ‘‘(B) FAILURE TO WORK.—Any hours which tablished by section 655.107 of title 20, Code ‘‘(iii) whether alternative wage standards, the worker fails to work, up to a maximum of Federal Regulations. such as a prevailing wage standard, would be of the number of hours specified in the job ‘‘(C) REQUIRED WAGES AFTER 3-YEAR sufficient to prevent wages in occupations in offer for a work day, when the worker has FREEZE.— which H–2A workers are employed from fall- been offered an opportunity to do so, and all ‘‘(i) FIRST ADJUSTMENT.—If Congress does ing below the wage level that would have hours of work actually performed (including not set a new wage standard applicable to prevailed in the absence of H–2A employ- voluntary work in excess of the number of this section before the first March 1 that is ment; hours specified in the job offer in a work day, not less than 3 years after the date of enact- ‘‘(iv) whether any changes are warranted on the worker’s Sabbath, or on Federal holi- ment of this section, the adverse effect wage in the current methodologies for calculating days) may be counted by the employer in rate for each State beginning on such March the adverse effect wage rate and the pre- calculating whether the period of guaranteed 1 shall be the wage rate that would have re- vailing wage; and employment has been met. sulted if the adverse effect wage rate in ef- ‘‘(v) recommendations for future wage pro- ‘‘(C) ABANDONMENT OF EMPLOYMENT, TERMI- fect on January 1, 2009, had been annually tection under this section. NATION FOR CAUSE.—If the worker voluntarily adjusted, beginning on March 1, 2012, by the ‘‘(H) COMMISSION ON WAGE STANDARDS.— abandons employment before the end of the lesser of— ‘‘(i) ESTABLISHMENT.—There is established contract period, or is terminated for cause, ‘‘(I) the 12-month percentage change in the the Commission on Agricultural Wage the worker is not entitled to the ‘3⁄4 guar- Consumer Price Index for All Urban Con- Standards under the H–2A program (in this antee’ described in subparagraph (A). sumers between December of the second pre- subparagraph referred to as the ‘Commis- ‘‘(D) CONTRACT IMPOSSIBILITY.—If, before ceding year and December of the preceding sion’). the expiration of the period of employment year; and ‘‘(ii) COMPOSITION.—The Commission shall specified in the job offer, the services of the ‘‘(II) 4 percent. consist of 10 members as follows: worker are no longer required for reasons be- ‘‘(ii) SUBSEQUENT ANNUAL ADJUSTMENTS.— ‘‘(I) Four representatives of agricultural yond the control of the employer due to any Beginning on the first March 1 that is not employers and 1 representative of the De- form of natural disaster, including a flood, less than 4 years after the date of enactment partment of Agriculture, each appointed by hurricane, freeze, earthquake, fire, drought, of this section, and each March 1 thereafter, the Secretary of Agriculture. plant or animal disease or pest infestation, the adverse effect wage rate then in effect ‘‘(II) Four representatives of agricultural or regulatory drought, before the guarantee for each State shall be adjusted by the lesser workers and 1 representative of the Depart- in subparagraph (A) is fulfilled, the employer of— ment of Labor, each appointed by the Sec- may terminate the worker’s employment. In ‘‘(I) the 12-month percentage change in the retary of Labor. the event of such termination, the employer Consumer Price Index for All Urban Con- ‘‘(iii) FUNCTIONS.—The Commission shall shall fulfill the employment guarantee in sumers between December of the second pre- conduct a study that shall address— subparagraph (A) for the work days that ceding year and December of the preceding ‘‘(I) whether the employment of H–2A or have elapsed from the first work day after year; and unauthorized aliens in the United States ag- the arrival of the worker to the termination ‘‘(II) 4 percent. ricultural workforce has depressed United of employment. In such cases, the employer ‘‘(D) DEDUCTIONS.—The employer shall States farm worker wages below the levels will make efforts to transfer the United make only those deductions from the work- that would otherwise have prevailed if alien States worker to other comparable employ- er’s wages that are authorized by law or are farm workers had not been employed in the ment acceptable to the worker. If such trans- reasonable and customary in the occupation United States; fer is not effected, the employer shall pro- and area of employment. The job offer shall ‘‘(II) whether an adverse effect wage rate is vide the return transportation required in specify all deductions not required by law necessary to prevent wages of United States paragraph (2)(D). which the employer will make from the farm workers in occupations in which H–2A ‘‘(5) MOTOR VEHICLE SAFETY.— worker’s wages. workers are employed from falling below the ‘‘(A) MODE OF TRANSPORTATION SUBJECT TO ‘‘(E) FREQUENCY OF PAY.—The employer wage levels that would have prevailed in the COVERAGE.— shall pay the worker not less frequently than absence of the employment of H–2A workers ‘‘(i) IN GENERAL.—Except as provided in twice monthly, or in accordance with the in those occupations; clauses (iii) and (iv), this subsection applies prevailing practice in the area of employ- ‘‘(III) whether alternative wage standards, to any H–2A employer that uses or causes to ment, whichever is more frequent. such as a prevailing wage standard, would be be used any vehicle to transport an H–2A ‘‘(F) HOURS AND EARNINGS STATEMENTS.— sufficient to prevent wages in occupations in worker within the United States. The employer shall furnish to the worker, on which H–2A workers are employed from fall- ‘‘(ii) DEFINED TERM.—In this paragraph, the or before each payday, in 1 or more written ing below the wage level that would have term ‘uses or causes to be used’— statements— prevailed in the absence of H–2A employ- ‘‘(I) applies only to transportation pro- ‘‘(i) the worker’s total earnings for the pay ment; vided by an H–2A employer to an H–2A work- period; ‘‘(IV) whether any changes are warranted er, or by a farm labor contractor to an H–2A ‘‘(ii) the worker’s hourly rate of pay, piece in the current methodologies for calculating worker at the request or direction of an H–2A rate of pay, or both; the adverse effect wage rate and the pre- employer; and ‘‘(iii) the hours of employment which have vailing wage rate; and ‘‘(II) does not apply to— been offered to the worker (broken out by ‘‘(V) recommendations for future wage pro- ‘‘(aa) transportation provided, or transpor- hours offered in accordance with and over tection under this section. tation arrangements made, by an H–2A

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 14, 2009 CONGRESSIONAL RECORD — SENATE S5513 worker, unless the employer specifically re- surance shall not constitute a violation of comes ineligible under section 212(a)(9)(B) by quested or arranged such transportation; or the Migrant and Seasonal Agricultural virtue of unlawful presence in the United ‘‘(bb) car pooling arrangements made by H– Worker Protection Act (29 U.S.C. 1801 et States after the date of the initial waiver of 2A workers themselves, using 1 of the work- seq.). ineligibility pursuant to subparagraph (A). ers’ own vehicles, unless specifically re- ‘‘(d) COPY OF JOB OFFER.—The employer ‘‘(d) PERIOD OF ADMISSION.— quested by the employer directly or through shall provide to the worker, not later than ‘‘(1) IN GENERAL.—The alien shall be admit- a farm labor contractor. the day the work commences, a copy of the ted for the period of employment in the ap- ‘‘(iii) CLARIFICATION.—Providing a job offer employer’s application and job offer de- plication certified by the Secretary of Labor to an H–2A worker that causes the worker to scribed in section 218(a), or, if the employer pursuant to section 218(e)(2)(B), not to ex- travel to or from the place of employment, will require the worker to enter into a sepa- ceed 10 months, supplemented by a period of or the payment or reimbursement of the rate employment contract covering the em- not more than 1 week before the beginning of transportation costs of an H–2A worker by ployment in question, such separate employ- the period of employment for the purpose of an H–2A employer, shall not constitute an ment contract. travel to the worksite and a period of 14 days arrangement of, or participation in, such ‘‘(e) RANGE PRODUCTION OF LIVESTOCK.— following the period of employment for the transportation. Nothing in this section, section 218, or sec- purpose of departure or extension based on a ‘‘(iv) AGRICULTURAL MACHINERY AND EQUIP- tion 218B shall preclude the Secretary of subsequent offer of employment, except MENT EXCLUDED.—This subsection does not Labor and the Secretary from continuing to that— apply to the transportation of an H–2A work- apply special procedures and requirements to ‘‘(A) the alien is not authorized to be em- er on a tractor, combine, harvester, picker, the admission and employment of aliens in ployed during such 14-day period except in or other similar machinery or equipment occupations involving the range production the employment for which the alien was pre- while such worker is actually engaged in the of livestock. viously authorized; and planting, cultivating, or harvesting of agri- ‘‘SEC. 218B. PROCEDURE FOR ADMISSION AND EX- ‘‘(B) the total period of employment, in- cultural commodities or the care of live- TENSION OF STAY OF H–2A WORK- cluding such 14-day period, may not exceed ERS. stock or poultry or engaged in transpor- 10 months. tation incidental thereto. ‘‘(a) PETITIONING FOR ADMISSION.—An em- ployer, or an association acting as an agent ‘‘(2) CONSTRUCTION.—Nothing in this sub- ‘‘(v) COMMON CARRIERS EXCLUDED.—This section shall limit the authority of the Sec- subsection does not apply to common carrier or joint employer for its members, that seeks the admission into the United States retary to extend the stay of the alien under motor vehicle transportation in which the any other provision of this Act. provider holds itself out to the general pub- of an H–2A worker may file a petition with ‘‘(e) ABANDONMENT OF EMPLOYMENT.— lic as engaging in the transportation of pas- the Secretary. The petition shall be accom- ‘‘(1) IN GENERAL.—An alien admitted or sengers for hire and holds a valid certifi- panied by an accepted and currently valid provided status under section cation of authorization for such purposes certification provided by the Secretary of 101(a)(15)(H)(ii)(a) who abandons the employ- from an appropriate Federal, State, or local Labor under section 218(e)(2)(B) covering the ment which was the basis for such admission agency. petitioner. or status shall be considered to have failed ‘‘(B) APPLICABILITY OF STANDARDS, LICENS- ‘‘(b) EXPEDITED ADJUDICATION BY THE SEC- to maintain nonimmigrant status as an H–2A ING, AND INSURANCE REQUIREMENTS.— RETARY.—The Secretary shall establish a worker and shall depart the United States or ‘‘(i) IN GENERAL.—When using, or causing procedure for expedited adjudication of peti- to be used, any vehicle for the purpose of tions filed under subsection (a) and within 7 be subject to removal under section providing transportation to which this sub- working days shall, by fax, cable, or other 237(a)(1)(C)(i). paragraph applies, each employer shall— means assuring expedited delivery, transmit ‘‘(2) REPORT BY EMPLOYER.—The employer, ‘‘(I) ensure that each such vehicle con- a copy of notice of action on the petition to or association acting as agent for the em- forms to the standards prescribed by the Sec- the petitioner and, in the case of approved ployer, shall notify the Secretary not later retary of Labor under section 401(b) of the petitions, to the appropriate immigration of- than 7 days after an H–2A worker pre- Migrant and Seasonal Agricultural Worker ficer at the port of entry or United States maturely abandons employment. Protection Act (29 U.S.C. 1841(b)) and other consulate (as the case may be) where the pe- ‘‘(3) REMOVAL BY THE SECRETARY.—The Sec- applicable Federal and State safety stand- titioner has indicated that the alien bene- retary shall promptly remove from the ards; ficiary (or beneficiaries) will apply for a visa United States any H–2A worker who violates ‘‘(II) ensure that each driver has a valid or admission to the United States. any term or condition of the worker’s non- and appropriate license, as provided by State ‘‘(c) CRITERIA FOR ADMISSIBILITY.— immigrant status. law, to operate the vehicle; and ‘‘(1) IN GENERAL.—An H–2A worker shall be ‘‘(4) VOLUNTARY TERMINATION.—Notwith- ‘‘(III) have an insurance policy or a liabil- considered admissible to the United States if standing paragraph (1), an alien may volun- ity bond that is in effect which insures the the alien is otherwise admissible under this tarily terminate his or her employment if employer against liability for damage to per- section, section 218, and section 218A, and the alien promptly departs the United States sons or property arising from the ownership, the alien is not ineligible under paragraph upon termination of such employment. operation, or causing to be operated, of any (2). ‘‘(f) REPLACEMENT OF ALIEN.— vehicle used to transport any H–2A worker. ‘‘(2) DISQUALIFICATION.—An alien shall be ‘‘(1) IN GENERAL.—Upon presentation of the ‘‘(ii) AMOUNT OF INSURANCE REQUIRED.—The considered inadmissible to the United States notice to the Secretary required by sub- level of insurance required shall be deter- and ineligible for nonimmigrant status under section (e)(2), the Secretary of State shall mined by the Secretary of Labor pursuant to section 101(a)(15)(H)(ii)(a) if the alien has, at promptly issue a visa to, and the Secretary regulations to be issued under this sub- any time during the past 5 years— shall admit into the United States, an eligi- section. ‘‘(A) violated a material provision of this ble alien designated by the employer to re- ‘‘(iii) EFFECT OF WORKERS’ COMPENSATION section, including the requirement to place an H–2A worker— COVERAGE.—If the employer of any H–2A promptly depart the United States when the ‘‘(A) who abandons or prematurely termi- worker provides workers’ compensation cov- alien’s authorized period of admission under nates employment; or erage for such worker in the case of bodily this section has expired; or ‘‘(B) whose employment is terminated injury or death as provided by State law, the ‘‘(B) otherwise violated a term or condition after a United States worker is employed following adjustments in the requirements of of admission into the United States as a non- pursuant to section 218(b)(2)(H)(iii), if the subparagraph (B)(i)(III) relating to having an immigrant, including overstaying the period United States worker voluntarily departs be- insurance policy or liability bond apply: of authorized admission as such a non- fore the end of the period of intended em- ‘‘(I) No insurance policy or liability bond immigrant. ployment or if the employment termination shall be required of the employer, if such ‘‘(3) WAIVER OF INELIGIBILITY FOR UNLAW- is for a lawful job-related reason. workers are transported only under cir- FUL PRESENCE.— ‘‘(2) CONSTRUCTION.—Nothing in this sub- cumstances for which there is coverage ‘‘(A) IN GENERAL.—An alien who has not section is intended to limit any preference under such State law. previously been admitted into the United required to be accorded United States work- ‘‘(II) An insurance policy or liability bond States pursuant to this section, and who is ers under any other provision of this Act. shall be required of the employer for cir- otherwise eligible for admission in accord- ‘‘(g) IDENTIFICATION DOCUMENT.— cumstances under which coverage for the ance with paragraphs (1) and (2), shall not be ‘‘(1) IN GENERAL.—Each alien authorized to transportation of such workers is not pro- deemed inadmissible by virtue of section be admitted under section 101(a)(15)(H)(ii)(a) vided under such State law. 212(a)(9)(B). If an alien described in the pre- shall be provided an identification and em- ‘‘(c) COMPLIANCE WITH LABOR LAWS.—An ceding sentence is present in the United ployment eligibility document to verify eli- employer shall assure that, except as other- States, the alien may apply from abroad for gibility for employment in the United States wise provided in this section, the employer H–2A status, but may not be granted that and verify the alien’s identity. will comply with all applicable Federal, status in the United States. ‘‘(2) REQUIREMENTS.—No identification and State, and local labor laws, including laws ‘‘(B) MAINTENANCE OF WAIVER.—An alien employment eligibility document may be affecting migrant and seasonal agricultural provided an initial waiver of ineligibility issued which does not meet the following re- workers, with respect to all United States pursuant to subparagraph (A) shall remain quirements: workers and alien workers employed by the eligible for such waiver unless the alien vio- ‘‘(A) The document shall be capable of reli- employer, except that a violation of this as- lates the terms of this section or again be- ably determining whether—

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‘‘(i) the individual with the identification ‘‘(A) MAXIMUM PERIOD.—The maximum status to that of an alien lawfully admitted and employment eligibility document whose continuous period of authorized status as an for permanent residence. eligibility is being verified is in fact eligible H–2A worker (including any extensions) is 3 ‘‘(6) CONSTRUCTION.—Nothing in this sub- for employment; years. section shall be construed to prevent an eli- ‘‘(ii) the individual whose eligibility is ‘‘(B) REQUIREMENT TO REMAIN OUTSIDE THE gible alien from seeking adjustment of sta- being verified is claiming the identity of an- UNITED STATES.— tus in accordance with any other provision other person; and ‘‘(i) IN GENERAL.—Subject to clause (ii), in of law. ‘‘(iii) the individual whose eligibility is the case of an alien outside the United ‘‘SEC. 218C. WORKER PROTECTIONS AND LABOR being verified is authorized to be admitted States whose period of authorized status as STANDARDS ENFORCEMENT. into, and employed in, the United States as an H–2A worker (including any extensions) ‘‘(a) ENFORCEMENT AUTHORITY.— an H–2A worker. has expired, the alien may not again apply ‘‘(1) INVESTIGATION OF COMPLAINTS.— ‘‘(B) The document shall be in a form that for admission to the United States as an H– ‘‘(A) AGGRIEVED PERSON OR THIRD-PARTY is resistant to counterfeiting and to tam- 2A worker unless the alien has remained out- COMPLAINTS.—The Secretary of Labor shall pering. side the United States for a continuous pe- establish a process for the receipt, investiga- ‘‘(C) The document shall— riod equal to at least 1⁄5 the duration of the tion, and disposition of complaints respect- ‘‘(i) be compatible with other databases of alien’s previous period of authorized status ing a petitioner’s failure to meet a condition the Secretary for the purpose of excluding as an H–2A worker (including any exten- specified in section 218(b), or an employer’s aliens from benefits for which they are not sions). misrepresentation of material facts in an ap- eligible and determining whether the alien is ‘‘(ii) EXCEPTION.—Clause (i) shall not apply plication under section 218(a). Complaints unlawfully present in the United States; and in the case of an alien if the alien’s period of may be filed by any aggrieved person or or- ‘‘(ii) be compatible with law enforcement authorized status as an H–2A worker (includ- ganization (including bargaining representa- databases to determine if the alien has been ing any extensions) was for a period of not tives). No investigation or hearing shall be convicted of criminal offenses. more than 10 months and such alien has been conducted on a complaint concerning such a ‘‘(h) EXTENSION OF STAY OF H–2A ALIENS IN outside the United States for at least 2 failure or misrepresentation unless the com- THE UNITED STATES.— months during the 12 months preceding the plaint was filed not later than 12 months ‘‘(1) EXTENSION OF STAY.—If an employer date the alien again is applying for admis- after the date of the failure, or misrepresen- seeks approval to employ an H–2A alien who sion to the United States as an H–2A worker. tation, respectively. The Secretary of Labor is lawfully present in the United States, the ‘‘(i) SPECIAL RULES FOR ALIENS EMPLOYED shall conduct an investigation under this petition filed by the employer or an associa- AS SHEEPHERDERS, GOAT HERDERS, OR DAIRY subparagraph if there is reasonable cause to tion pursuant to subsection (a), shall request WORKERS.—Notwithstanding any provision of believe that such a failure or misrepresenta- an extension of the alien’s stay and a change the Agricultural Job Opportunities, Benefits, tion has occurred. in the alien’s employment. and Security Act of 2009, an alien admitted ‘‘(B) DETERMINATION ON COMPLAINT.—Under ‘‘(2) LIMITATION ON FILING A PETITION FOR under section 101(a)(15)(H)(ii)(a) for employ- such process, the Secretary of Labor shall EXTENSION OF STAY.—A petition may not be ment as a sheepherder, goat herder, or dairy provide, within 30 days after the date such a filed for an extension of an alien’s stay— worker— complaint is filed, for a determination as to ‘‘(A) for a period of more than 10 months; ‘‘(1) may be admitted for an initial period whether or not a reasonable basis exists to or of 12 months; make a finding described in subparagraph ‘‘(B) to a date that is more than 3 years ‘‘(2) subject to subsection (j)(5), may have (C), (D), (E), or (G). If the Secretary of Labor after the date of the alien’s last admission to such initial period of admission extended for determines that such a reasonable basis ex- the United States under this section. a period of up to 3 years; and ists, the Secretary of Labor shall provide for ‘‘(3) WORK AUTHORIZATION UPON FILING A PE- ‘‘(3) shall not be subject to the require- notice of such determination to the inter- TITION FOR EXTENSION OF STAY.— ments of subsection (h)(5) (relating to peri- ested parties and an opportunity for a hear- ‘‘(A) IN GENERAL.—An alien who is lawfully ods of absence from the United States). ing on the complaint, in accordance with present in the United States may commence ‘‘(j) ADJUSTMENT TO LAWFUL PERMANENT section 556 of title 5, United States Code, the employment described in a petition RESIDENT STATUS FOR ALIENS EMPLOYED AS within 60 days after the date of the deter- under paragraph (1) on the date on which the SHEEPHERDERS, GOAT HERDERS, OR DAIRY mination. If such a hearing is requested, the petition is filed. WORKERS.— Secretary of Labor shall make a finding con- ‘‘(B) DEFINITION.—For purposes of subpara- ‘‘(1) ELIGIBLE ALIEN.—For purposes of this cerning the matter not later than 60 days graph (A), the term ‘file’ means sending the subsection, the term ‘eligible alien’ means after the date of the hearing. In the case of petition by certified mail via the United an alien— similar complaints respecting the same ap- States Postal Service, return receipt re- ‘‘(A) having nonimmigrant status under plicant, the Secretary of Labor may consoli- quested, or delivered by guaranteed commer- section 101(a)(15)(H)(ii)(a) based on employ- date the hearings under this subparagraph cial delivery which will provide the employer ment as a sheepherder, goat herder, or dairy on such complaints. with a documented acknowledgment of the worker; ‘‘(C) FAILURES TO MEET CONDITIONS.—If the date of receipt of the petition. ‘‘(B) who has maintained such non- Secretary of Labor finds, after notice and op- ‘‘(C) HANDLING OF PETITION.—The employer immigrant status in the United States for a portunity for a hearing, a failure to meet a shall provide a copy of the employer’s peti- cumulative total of 36 months (excluding any condition of paragraph (1)(A), (1)(B), (1)(D), tion to the alien, who shall keep the petition period of absence from the United States); (1)(F), (2)(A), (2)(B), or (2)(G) of section with the alien’s identification and employ- and 218(b), a substantial failure to meet a condi- ment eligibility document as evidence that ‘‘(C) who is seeking to receive an immi- tion of paragraph (1)(C), (1)(E), (2)(C), (2)(D), the petition has been filed and that the alien grant visa under section 203(b)(3)(A)(iii). (2)(E), or (2)(H) of section 218(b), or a mate- is authorized to work in the United States. ‘‘(2) CLASSIFICATION PETITION.—In the case rial misrepresentation of fact in an applica- ‘‘(D) APPROVAL OF PETITION.—Upon ap- of an eligible alien, the petition under sec- tion under section 218(a)— proval of a petition for an extension of stay tion 204 for classification under section ‘‘(i) the Secretary of Labor shall notify the or change in the alien’s authorized employ- 203(b)(3)(A)(iii) may be filed by— Secretary of such finding and may, in addi- ment, the Secretary shall provide a new or ‘‘(A) the alien’s employer on behalf of the tion, impose such other administrative rem- updated employment eligibility document to eligible alien; or edies (including civil money penalties in an the alien indicating the new validity date, ‘‘(B) the eligible alien. amount not to exceed $1,000 per violation) as after which the alien is not required to re- ‘‘(3) NO LABOR CERTIFICATION REQUIRED.— the Secretary of Labor determines to be ap- tain a copy of the petition. Notwithstanding section 203(b)(3)(C), no de- propriate; and ‘‘(4) LIMITATION ON EMPLOYMENT AUTHOR- termination under section 212(a)(5)(A) is re- ‘‘(ii) the Secretary may disqualify the em- IZATION OF ALIENS WITHOUT VALID IDENTIFICA- quired with respect to an immigrant visa de- ployer from the employment of aliens de- TION AND EMPLOYMENT ELIGIBILITY DOCU- scribed in paragraph (1)(C) for an eligible scribed in section 101(a)(15)(H)(ii)(a) for a pe- MENT.—An expired identification and em- alien. riod of 1 year. ployment eligibility document, together ‘‘(4) EFFECT OF PETITION.—The filing of a ‘‘(D) WILLFUL FAILURES AND WILLFUL MIS- with a copy of a petition for extension of petition described in paragraph (2) or an ap- REPRESENTATIONS.—If the Secretary of Labor stay or change in the alien’s authorized em- plication for adjustment of status based on finds, after notice and opportunity for hear- ployment that complies with the require- the approval of such a petition shall not con- ing, a willful failure to meet a condition of ments of paragraph (1), shall constitute a stitute evidence of an alien’s ineligibility for section 218(b), a willful misrepresentation of valid work authorization document for a pe- nonimmigrant status under section a material fact in an application under sec- riod of not more than 60 days beginning on 101(a)(15)(H)(ii)(a). tion 218(a), or a violation of subsection the date on which such petition is filed, after ‘‘(5) EXTENSION OF STAY.—The Secretary (d)(1)— which time only a currently valid identifica- shall extend the stay of an eligible alien hav- ‘‘(i) the Secretary of Labor shall notify the tion and employment eligibility document ing a pending or approved classification peti- Secretary of such finding and may, in addi- shall be acceptable. tion described in paragraph (2) in 1-year in- tion, impose such other administrative rem- ‘‘(5) LIMITATION ON AN INDIVIDUAL’S STAY IN crements until a final determination is made edies (including civil money penalties in an STATUS.— on the alien’s eligibility for adjustment of amount not to exceed $5,000 per violation) as

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WORKERS.—If the Secretary of Labor finds, Mediation and Conciliation Service to assist ‘‘(B) Any civil action brought under this after notice and opportunity for hearing, a the parties in reaching a satisfactory resolu- section shall be subject to appeal as provided willful failure to meet a condition of section tion of all issues involving all parties to the in chapter 83 of title 28, United States Code. 218(b) or a willful misrepresentation of a ma- dispute. Upon a filing of such request and ‘‘(7) WORKERS’ COMPENSATION BENEFITS; EX- terial fact in an application under section giving of notice to the parties, the parties CLUSIVE REMEDY.— 218(a), in the course of which failure or mis- shall attempt mediation within the period ‘‘(A) Notwithstanding any other provision of this section, where a State’s workers’ representation the employer displaced a specified in subparagraph (B). compensation law is applicable and coverage United States worker employed by the em- ‘‘(A) MEDIATION SERVICES.—The Federal is provided for an H–2A worker, the workers’ ployer during the period of employment on Mediation and Conciliation Service shall be compensation benefits shall be the exclusive the employer’s application under section available to assist in resolving disputes aris- remedy for the loss of such worker under 218(a) or during the period of 30 days pre- ing under subsection (b) between H–2A work- this section in the case of bodily injury or ceding such period of employment— ers and agricultural employers without death in accordance with such State’s work- ‘‘(i) the Secretary of Labor shall notify the charge to the parties. ers’ compensation law. Secretary of such finding and may, in addi- ‘‘(B) 90-DAY LIMIT.—The Federal Mediation ‘‘(B) The exclusive remedy prescribed in tion, impose such other administrative rem- and Conciliation Service may conduct medi- subparagraph (A) precludes the recovery edies (including civil money penalties in an ation or other nonbinding dispute resolution under paragraph (6) of actual damages for amount not to exceed $15,000 per violation) activities for a period not to exceed 90 days as the Secretary of Labor determines to be loss from an injury or death but does not beginning on the date on which the Federal preclude other equitable relief, except that appropriate; and Mediation and Conciliation Service receives ‘‘(ii) the Secretary may disqualify the em- such relief shall not include back or front the request for assistance unless the parties pay or in any manner, directly or indirectly, ployer from the employment of H–2A work- agree to an extension of this period of time. ers for a period of 3 years. expand or otherwise alter or affect— ‘‘(C) AUTHORIZATION.— ‘‘(i) a recovery under a State workers’ ‘‘(F) LIMITATIONS ON CIVIL MONEY PEN- ‘‘(i) IN GENERAL.—Subject to clause (ii), compensation law; or ALTIES.—The Secretary of Labor shall not there are authorized to be appropriated to ‘‘(ii) rights conferred under a State work- impose total civil money penalties with re- the Federal Mediation and Conciliation spect to an application under section 218(a) ers’ compensation law. Service $500,000 for each fiscal year to carry OLLING OF STATUTE OF LIMITATIONS.— in excess of $90,000. ‘‘(8) T out this section. If it is determined under a State workers’ ‘‘(G) FAILURES TO PAY WAGES OR REQUIRED ‘‘(ii) MEDIATION.—Notwithstanding any compensation law that the workers’ com- BENEFITS.—If the Secretary of Labor finds, other provision of law, the Director of the pensation law is not applicable to a claim for after notice and opportunity for a hearing, Federal Mediation and Conciliation Service bodily injury or death of an H–2A worker, that the employer has failed to pay the is authorized to conduct the mediation or the statute of limitations for bringing an ac- wages, or provide the housing allowance, other dispute resolution activities from any tion for actual damages for such injury or transportation, subsistence reimbursement, other appropriated funds available to the Di- death under subsection (c) shall be tolled for or guarantee of employment, required under rector and to reimburse such appropriated the period during which the claim for such section 218A(b), the Secretary of Labor shall funds when the funds are appropriated pursu- injury or death under such State workers’ assess payment of back wages, or other re- ant to this authorization, such reimburse- compensation law was pending. The statute quired benefits, due any United States work- ment to be credited to appropriations cur- of limitations for an action for actual dam- er or H–2A worker employed by the employer rently available at the time of receipt. ages or other equitable relief arising out of in the specific employment in question. The ‘‘(2) MAINTENANCE OF CIVIL ACTION IN DIS- the same transaction or occurrence as the back wages or other required benefits under TRICT COURT BY AGGRIEVED PERSON.—An H–2A injury or death of the H–2A worker shall be section 218A(b) shall be equal to the dif- worker aggrieved by a violation of rights en- tolled for the period during which the claim ference between the amount that should forceable under subsection (b) by an agricul- for such injury or death was pending under have been paid and the amount that actually tural employer or other person may file suit the State workers’ compensation law. was paid to such worker. in any district court of the United States ‘‘(9) PRECLUSIVE EFFECT.—Any settlement ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in having jurisdiction over the parties, without by an H–2A worker and an H–2A employer or this section shall be construed as limiting regard to the amount in controversy, with- any person reached through the mediation the authority of the Secretary of Labor to out regard to the citizenship of the parties, process required under subsection (c)(1) shall conduct any compliance investigation under and without regard to the exhaustion of any preclude any right of action arising out of any other labor law, including any law af- alternative administrative remedies under the same facts between the parties in any fecting migrant and seasonal agricultural this Act, not later than 3 years after the date Federal or State court or administrative pro- workers, or, in the absence of a complaint the violation occurs. ceeding, unless specifically provided other- under this section, under section 218 or 218A. ‘‘(3) ELECTION.—An H–2A worker who has wise in the settlement agreement. ‘‘(b) RIGHTS ENFORCEABLE BY PRIVATE filed an administrative complaint with the ‘‘(10) SETTLEMENTS.—Any settlement by RIGHT OF ACTION.—H–2A workers may en- Secretary of Labor may not maintain a civil the Secretary of Labor with an H–2A em- force the following rights through the pri- action under paragraph (2) unless a com- ployer on behalf of an H–2A worker of a com- vate right of action provided in subsection plaint based on the same violation filed with plaint filed with the Secretary of Labor (c), and no other right of action shall exist the Secretary of Labor under subsection under this section or any finding by the Sec- under Federal or State law to enforce such (a)(1) is withdrawn before the filing of such retary of Labor under subsection (a)(1)(B) rights: action, in which case the rights and remedies shall preclude any right of action arising out ‘‘(1) The providing of housing or a housing available under this subsection shall be ex- of the same facts between the parties under allowance as required under section clusive. any Federal or State court or administrative 218A(b)(1). ‘‘(4) PREEMPTION OF STATE CONTRACT proceeding, unless specifically provided oth- ‘‘(2) The reimbursement of transportation RIGHTS.—Nothing in this Act shall be con- erwise in the settlement agreement. as required under section 218A(b)(2). strued to diminish the rights and remedies of ‘‘(d) DISCRIMINATION PROHIBITED.— ‘‘(3) The payment of wages required under an H–2A worker under any other Federal or ‘‘(1) IN GENERAL.—It is a violation of this section 218A(b)(3) when due. State law or regulation or under any collec- subsection for any person who has filed an ‘‘(4) The benefits and material terms and tive bargaining agreement, except that no application under section 218(a), to intimi- conditions of employment expressly provided court or administrative action shall be avail- date, threaten, restrain, coerce, blacklist, in the job offer described in section 218(a)(2), able under any State contract law to enforce discharge, or in any other manner discrimi- not including the assurance to comply with the rights created by this Act. nate against an employee (which term, for other Federal, State, and local labor laws de- ‘‘(5) WAIVER OF RIGHTS PROHIBITED.—Agree- purposes of this subsection, includes a scribed in section 218A(c), compliance with ments by employees purporting to waive or former employee and an applicant for em- which shall be governed by the provisions of modify their rights under this Act shall be ployment) because the employee has dis- such laws. void as contrary to public policy, except that closed information to the employer, or to ‘‘(5) The guarantee of employment required a waiver or modification of the rights or ob- any other person, that the employee reason- under section 218A(b)(4). ligations in favor of the Secretary of Labor ably believes evidences a violation of section ‘‘(6) The motor vehicle safety requirements shall be valid for purposes of the enforce- 218 or 218A or any rule or regulation per- under section 218A(b)(5). ment of this Act. The preceding sentence taining to section 218 or 218A, or because the

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employee cooperates or seeks to cooperate in ‘‘(3) DISPLACE.—The term ‘displace’, in the (b) TABLE OF CONTENTS.—The table of con- an investigation or other proceeding con- case of an application with respect to 1 or tents of the Immigration and Nationality cerning the employer’s compliance with the more H–2A workers by an employer, means Act (8 U.S.C. 1101 et seq.) is amended by requirements of section 218 or 218A or any laying off a United States worker from a job striking the item relating to section 218 and rule or regulation pertaining to either of for which the H–2A worker or workers is or inserting the following: such sections. are sought. ‘‘Sec. 218. H–2A employer applications. ‘‘(2) DISCRIMINATION AGAINST H–2A WORK- ‘‘(4) ELIGIBLE.—The term ‘eligible’, when ‘‘Sec. 218A. H–2A employment requirements. ERS.—It is a violation of this subsection for used with respect to an individual, means an ‘‘Sec. 218B. Procedure for admission and ex- any person who has filed an application individual who is not an unauthorized alien tension of stay of H–2A work- under section 218(a), to intimidate, threaten, (as defined in section 274A). ers. restrain, coerce, blacklist, discharge, or in ‘‘(5) EMPLOYER.—The term ‘employer’ ‘‘Sec. 218C. Worker protections and labor any manner discriminate against an H–2A means any person or entity, including any standards enforcement. ‘‘Sec. 218D. Definitions.’’. employee because such worker has, with just farm labor contractor and any agricultural cause, filed a complaint with the Secretary association, that employs workers in agri- TITLE III—MISCELLANEOUS PROVISIONS of Labor regarding a denial of the rights enu- cultural employment. SEC. 301. DETERMINATION AND USE OF USER merated and enforceable under subsection (b) ‘‘(6) H–2A EMPLOYER.—The term ‘H–2A em- FEES. or instituted, or caused to be instituted, a ployer’ means an employer who seeks to hire (a) SCHEDULE OF FEES.—The Secretary private right of action under subsection (c) 1 or more nonimmigrant aliens described in shall establish and periodically adjust a regarding the denial of the rights enumer- section 101(a)(15)(H)(ii)(a). schedule of fees for the employment of aliens ated under subsection (b), or has testified or pursuant to the amendment made by section ‘‘(7) H–2A WORKER.—The term ‘H–2A work- is about to testify in any court proceeding er’ means a nonimmigrant described in sec- 201(a) of this Act and a collection process for brought under subsection (c). tion 101(a)(15)(H)(ii)(a). such fees from employers. Such fees shall be ‘‘(e) AUTHORIZATION TO SEEK OTHER APPRO- the only fees chargeable to employers for OB OPPORTUNITY PRIATE EMPLOYMENT.—The Secretary of ‘‘(8) J .—The term ‘job op- portunity’ means a job opening for tem- services provided under such amendment. Labor and the Secretary shall establish a (b) DETERMINATION OF SCHEDULE.— porary or seasonal full-time employment at process under which an H–2A worker who (1) IN GENERAL.—The schedule under sub- a place in the United States to which United files a complaint regarding a violation of section (a) shall reflect a fee rate based on States workers can be referred. subsection (d) and is otherwise eligible to re- the number of job opportunities indicated in ‘‘(9) LAYING OFF.— main and work in the United States may be the employer’s application under section 218 ‘‘(A) IN GENERAL.—The term ‘laying off’, allowed to seek other appropriate employ- of the Immigration and Nationality Act, as with respect to a worker— ment in the United States for a period not to amended by section 201 of this Act, and suffi- ‘‘(i) means to cause the worker’s loss of exceed the maximum period of stay author- cient to provide for the direct costs of pro- employment, other than through a discharge ized for such nonimmigrant classification. viding services related to an employer’s au- for inadequate performance, violation of ‘‘(f) ROLE OF ASSOCIATIONS.— thorization to employ aliens pursuant to the ‘‘(1) VIOLATION BY A MEMBER OF AN ASSOCIA- workplace rules, cause, voluntary departure, amendment made by section 201(a) of this TION.—An employer on whose behalf an ap- voluntary retirement, contract impossibility Act, to include the certification of eligible plication is filed by an association acting as (as described in section 218A(b)(4)(D)), or employers, the issuance of documentation, its agent is fully responsible for such appli- temporary suspension of employment due to and the admission of eligible aliens. cation, and for complying with the terms weather, markets, or other temporary condi- (2) PROCEDURE.— and conditions of sections 218 and 218A, as tions; but (A) IN GENERAL.—In establishing and ad- though the employer had filed the applica- ‘‘(ii) does not include any situation in justing such a schedule, the Secretary shall tion itself. If such an employer is deter- which the worker is offered, as an alter- comply with Federal cost accounting and fee mined, under this section, to have com- native to such loss of employment, a similar setting standards. mitted a violation, the penalty for such vio- employment opportunity with the same em- (B) PUBLICATION AND COMMENT.—The Sec- lation shall apply only to that member of ployer (or, in the case of a placement of a retary shall publish in the Federal Register the association unless the Secretary of worker with another employer under section an initial fee schedule and associated collec- Labor determines that the association or 218(b)(2)(E), with either employer described tion process and the cost data or estimates other member participated in, had knowl- in such section) at equivalent or higher com- upon which such fee schedule is based, and edge, or reason to know, of the violation, in pensation and benefits than the position any subsequent amendments thereto, pursu- which case the penalty shall be invoked from which the employee was discharged, re- ant to which public comment shall be sought against the association or other association gardless of whether or not the employee ac- and a final rule issued. member as well. cepts the offer. (c) USE OF PROCEEDS.—Notwithstanding ‘‘(2) VIOLATIONS BY AN ASSOCIATION ACTING ‘‘(B) STATUTORY CONSTRUCTION.—Nothing any other provision of law, all proceeds re- AS AN EMPLOYER.—If an association filing an in this paragraph is intended to limit an em- sulting from the payment of the fees pursu- application as a sole or joint employer is de- ployee’s rights under a collective bargaining ant to the amendment made by section 201(a) termined to have committed a violation agreement or other employment contract. of this Act shall be available without further under this section, the penalty for such vio- ‘‘(10) REGULATORY DROUGHT.—The term appropriation and shall remain available lation shall apply only to the association un- ‘regulatory drought’ means a decision subse- without fiscal year limitation to reimburse less the Secretary of Labor determines that quent to the filing of the application under the Secretary, the Secretary of State, and an association member or members partici- section 218 by an entity not under the con- the Secretary of Labor for the costs of car- pated in or had knowledge, or reason to trol of the employer making such filing rying out— know of the violation, in which case the pen- which restricts the employer’s access to (1) sections 218 and 218B of the Immigra- alty shall be invoked against the association water for irrigation purposes and reduces or tion and Nationality Act, as amended and member or members as well. limits the employer’s ability to produce an added, respectively, by section 201 of this ‘‘SEC. 218D. DEFINITIONS. agricultural commodity, thereby reducing Act; and ‘‘For purposes of this section and section the need for labor. (2) the provisions of this Act. 218, 218A, 218B, and 218C: ‘‘(11) SEASONAL.—Labor is performed on a SEC. 302. REGULATIONS. ‘‘(1) AGRICULTURAL EMPLOYMENT.—The ‘seasonal’ basis if— (a) REQUIREMENT FOR THE SECRETARY TO term ‘agricultural employment’ means any ‘‘(A) ordinarily, it pertains to or is of the CONSULT.—The Secretary shall consult with service or activity that is considered to be kind exclusively performed at certain sea- the Secretary of Labor and the Secretary of agricultural under section 3(f) of the Fair sons or periods of the year; and Agriculture during the promulgation of all Labor Standards Act of 1938 (29 U.S.C. 203(f)) ‘‘(B) from its nature, it may not be contin- regulations to implement the duties of the or agricultural labor under section 3121(g) of uous or carried on throughout the year. Secretary under this Act and the amend- the Internal Revenue Code of 1986 or the per- ‘‘(12) SECRETARY.—Except as otherwise pro- ments made by this Act. formance of agricultural labor or services de- vided, the term ‘Secretary’ means the Sec- (b) REQUIREMENT FOR THE SECRETARY OF scribed in section 101(a)(15)(H)(ii)(a). retary of Homeland Security. STATE TO CONSULT.—The Secretary of State ‘‘(2) BONA FIDE UNION.—The term ‘bona fide ‘‘(13) TEMPORARY.—A worker is employed shall consult with the Secretary, the Sec- union’ means any organization in which em- on a ‘temporary’ basis where the employ- retary of Labor, and the Secretary of Agri- ployees participate and which exists for the ment is intended not to exceed 10 months. culture on all regulations to implement the purpose of dealing with employers con- ‘‘(14) UNITED STATES WORKER.—The term duties of the Secretary of State under this cerning grievances, labor disputes, wages, ‘United States worker’ means any worker, Act and the amendments made by this Act. rates of pay, hours of employment, or other whether a national of the United States, an (c) REQUIREMENT FOR THE SECRETARY OF terms and conditions of work for agricul- alien lawfully admitted for permanent resi- LABOR TO CONSULT.—The Secretary of Labor tural employees. Such term does not include dence, or any other alien, who is authorized shall consult with the Secretary of Agri- an organization formed, created, adminis- to work in the job opportunity within the culture and the Secretary on all regulations tered, supported, dominated, financed, or United States, except an alien admitted or to implement the duties of the Secretary of controlled by an employer or employer asso- otherwise provided status under section Labor under this Act and the amendments ciation or its agents or representatives. 101(a)(15)(H)(ii)(a).’’. made by this Act.

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(d) DEADLINE FOR ISSUANCE OF REGULA- Service Employees International Union thoring the Agricultural Jobs, Opportunity, TIONS.—All regulations to implement the du- (SEIU); Edgar Romney, Secretary- Benefits and Security Act (AgJobs), a bill ties of the Secretary, the Secretary of State, Treasurer, Change to Win, Executive which restructures and reforms the current and the Secretary of Labor created under Vice President, UNITE HERE; Joseph H–2A temporary agricultural worker pro- sections 218, 218A, 218B, 218C, and 218D of the Hansen, International President, gram to ensure a reliable and legal work- Immigration and Nationality Act, as amend- United Food and Commerical Workers, force for the agricultural community. On be- ed or added by section 201 of this Act, shall International Union, UFCW); James half of the nearly 18,000 members of Dairy take effect on the effective date of section Hoffa, General President, International Farmers of America, Inc. (DFA) we applaud 201 and shall be issued not later than 1 year Brotherhood of Teamsters (IBT); your decision to reintroduce this important after the date of enactment of this Act. Geralyn Lutty, United Food and measure in the 111th Congress. SEC. 303. REPORTS TO CONGRESS. Commerical Workers International Dairy Farmers of America is a dairy mar- (a) ANNUAL REPORT.—Not later than Sep- Union (UFCW). keting cooperative that serves and is owned tember 30 of each year, the Secretary shall Douglas J. McCarron, General President, by dairy farmers in 48 states. Our coopera- submit a report to Congress that identifies, United Brotherhood of Carpenters and tive’s success is built on the success of its for the previous year— Joiners of America (UBC); Terence M. producer-members, who raise their dairy (1) the number of job opportunities ap- O’Sullivan, General President, Labor- herds and their families on family farms proved for employment of aliens admitted er’s International Union of North across the nation. under section 101(a)(15)(H)(ii)(a) of the Immi- America (LIUNA); Bruce Raynor, Gen- Immigrant labor plays a crucial role in gration and Nationality Act (8 U.S.C. eral President, Unite Here; Arturo S. contributing to the success of our members 1101(a)(15)(H)(ii)(a)), and the number of work- Rodriguez, President, United Farm and the dairy industry as a whole. A large ers actually admitted, disaggregated by Workers (UFW); Andrew L. Stern, percentage of the hired workers on dairy State and by occupation; International President, Service Em- farms of all sizes are immigrants. Unfortu- (2) the number of such aliens reported to ployees International Union (SEIU). nately, unlike most other immigrant-de- have abandoned employment pursuant to pendent agricultural sectors, the dairy in- subsection (e)(2) of section 218B of such Act, LEADERSHIP CONFERENCE dustry is currently blocked by the Depart- as added by section 201; ON CIVIL RIGHTS, ment of Labor (DOL) from using the H–2A (3) the number of such aliens who departed Washington, DC, May 14, 2009. program because of the program’s require- the United States within the period specified Hon. DIANNE FEINSTEIN, ment that the worker and job both be tem- in subsection (d) of such section 218B; U.S. Senate, porary or seasonal. This seasonality aspect (4) the number of aliens who applied for Washington, DC. of the H–2A program has prevented dairy blue card status pursuant to section 101(a); DEAR SENATOR FEINSTEIN: On behalf of the farmers from using the program to attract (5) the number of aliens who were granted Leadership Conference on Civil Rights and maintain needed workers. In order to such status pursuant section 101(a); (LCCR), the nation’s oldest, largest, and survive, our industry needs reform in the (6) the number of aliens who applied for an most diverse civil and human rights coali- system now. adjustment of status pursuant to section tion, we thank you for introducing the Agri- Once again, on behalf of DFA members 103(a); and cultural Job Opportunities, Benefits and Se- across the country, we appreciate your lead- (7) the number of aliens who received an curity Act (‘‘AgJOBS’’) of 2009. We have ership on this matter and stand ready to adjustment of status pursuant section 103(a). strongly supported virtually identical fight for its passage. (b) IMPLEMENTATION REPORT.—Not later versions of the AgJOBS bill in previous Con- Sincerely, than 180 days after the date of the enactment gresses, and we look forward to working with JOHN WILSON, of this Act, the Secretary shall prepare and your office and our other allies in the effort Senior Vice President, submit to Congress a report that describes to move it forward in the 111th Congress. Marketing and Industry Affairs. the measures being taken and the progress AgJOBS would provide a legal, stable agri- made in implementing this Act. cultural labor supply and, at the same time, U.S. APPLE ASSOCIATION, SEC. 304. EFFECTIVE DATE. give undocumented farmworkers the chance Vienna, VA, May 11, 2009. The amendments made by section 201 and to come out of the shadows and earn legal Hon. DIANNE FEINSTEIN, section 301 shall take effect 1 year after the immigration status a) by meeting a past- Hart Building, U.S. Senate, date of the enactment of this Act. work requirement in American agriculture Washington, DC. and b) through stringent future agricultural- DEAR SENATOR FEINSTEIN, thank you for CHANGE TO WIN, work requirements. Giving farmworkers the standing up for the U.S. apple industry and Washington, DC, May 14, 2009. ability to legalize their status is critical to other labor intensive agriculture by reintro- Hon. DIANNE FEINSTEIN, enabling them to bargain for better working ducing the AgJOBS bill in the Senate. U.S. Senate, and living conditions. AgJOBS represents a Apple production and harvesting is highly Washington, DC. balanced approach and is a tremendous im- labor-intensive. The cost and availability of DEAR SENATOR FEINSTEIN: The seven affili- provement over the current H–2A agricul- a predictable, consistent and legal supply of ated unions and six million members of tural guestworker program, thanks to the labor is critically important to the U.S. Change to Win write to thank you for your concessions made by all sides in this debate. apple industry. continued leadership in reintroducing the The treatment of farmworkers is a matter The past few years have brought great un- ‘‘AgJOBS’’ bill (the Agricultural Job Oppor- of great importance to the civil rights com- certainty to our industry. Labor shortages tunities, Benefits, and Security Act of 2009), munity. Whether it was Chinese immigrants coupled with increased enforcement and a and to pledge our full support for its enact- in the 19th century, the 4.5 million braceros cumbersome, unworkable H–2A guest worker ment. brought into the United States during the The effects of our broken immigration sys- program have meant that, even in good crop World War II era, or H–2A workers under the tem on the labor market must be addressed. years, growers’ livelihoods are in jeopardy current program, guestworkers have long Farm workers and their families live in fear when they cannot get all of their apples off of deportation, and agricultural growers been the most vulnerable and poorly treated the tree. This has lead many in the industry across the country face worker shortages. workers among us. Even today, they are sub- to delay or cancel plans to expand and in AgJOBS would enable farm workers to bar- ject to below poverty-level wages and a lack some cases to get out of the fruit business al- gain for better working and living conditions of coverage by basic labor standards that together. and provide growers a legal stable labor sup- other American workers take for granted— We need AgJOBS! Without this critical ply by offering undocumented farm workers and they lack the political and economic legislation, the U.S. could lose much of our the chance to come out of the shadows and power to improve these conditions on their domestic apple industry and with it over $2 earn legal status by meeting stringent agri- own. It is because of this that we speak up billion in farm gate value. Our apples would cultural-work requirements. It is important today for their rights, and strongly urge the have to be imported, most likely from China, that AgJOBS would also revise the H–2A ag- enactment of AgJOBS. the world’s largest producer of apples. We’ve ricultural guestworker program in a bal- Sincerely, seen what dependence on foreign oil has been anced manner. WADE HENDERSON, like. Can you imagine dependence on foreign This bipartisan bill is the product of con- President & CEO. food? This is not what American consumers gressional negotiations and an historic com- NANCY ZIRKIN, want. promise between the United Farm Workers Executive Vice Presi- USApple and our industry leaders stand and major agribusiness employers. It also dent. ready to work with you and your staff to has the full support of hundreds of farmer, pass AgJOBS. We have supported the legisla- worker, and immigrant organizations. Its DAIRY FARMERS OF AMERICA, tion since the first year it was introduced passage would be a substantial down pay- May 12, 2009. and it is our top legislative priority. ment on the kind of comprehensive immigra- Hon. DIANNE FEINSTEIN, Thank you again for your leadership on tion reform our country needs. U.S. Senate, Hart Senate Office Building, this critical issue. Sincerely, Washington, DC. Sincerely, Anna Burger, Chair, Change to Win, DEAR SENATOR FEINSTEIN: Last Congress, NANCY E. FOSTER, International Secretary-Treasurer, you showed extraordinary leadership in au- President & CEO.

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SOCIETY OF AMERICAN FLORISTS, AMERICAN NURSERY & ranchers, and foresters. What is less under- MAY 12, 2009. LANDSCAPE ASSOCIATION, stood is the vast network of white collar jobs Hon. DIANNE FEINSTEIN, Washington, DC, May 12, 2009. that depend on maintaining access to guest U.S. Senate, Hon. DIANNE FEINSTEIN, workers in America. Roughly one half of the Washington, DC. U.S. Senate, agricultural labor force consists of those who Washington, DC. work with crops in field, nurseries, and DEAR SENATOR FEINSTEIN: On behalf of the DEAR SENATOR FEINSTEIN: The American greenhouses. The rest, as the Bureau of members of the Society of American Florists Nursery & Landscape Association commends Labor Statistics NAICS codes reveal, rep- (SAF), I understand that you plan to reintro- you for your steadfast leadership toward re- resent a cross section of American skills: duce the Agricultural Job Opportunities, solving the labor crisis that threatens every Managers in production, finance, transpor- Benefits and Security Act (AgJOBS) this labor-intensive sector of agriculture in tation, and sales; computer programmers week. We applaud you for your courageous America. ANLA represents 2000 active mem- and systems analysts; accountants and audi- leadership and tenacity in working to ad- ber firms and an additional 20,000 grassroots tors; life scientists and agricultural engi- vance agricultural labor reform. AgJOBS re- network participants who grow, sell, and in- neers; pilots and truck drivers, riggers and flects years of negotiations on complex and stall landscape plants. ANLA members also diesel mechanics; salesmen, secretaries and contentious issues and will achieve historic produce the orchard and vineyard planting receptionists—an entire world of white collar and critical reforms to our nation’s labor stock that sustains farms in California and jobs on American soil, much of it dependent and immigration laws. across the nation. At farmgate, our industry on the competitive nature of our operations The bipartisan AgJOBS legislation recog- was valued by the U.S. Department of Agri- in the fields, nurseries, and greenhouses. nizes the unique and urgent need of labor in- culture at over $16 billion in 2007. California It has become fashionable in some circles tensive agricultural industries—ranging is of course the nation’s leading nursery to pretend that the exclusion of foreign from floral and nursery to fruits and vegeta- stock producer, but nurseries are an impor- workers from America’s farms will relieve bles, meat and dairy farms—to have access tant agricultural component from coast to American farmers of their competition. This to a legal workforce. Thank you for recog- coast. Nursery and greenhouse production is not so. It is possible, had one the heart for nizing these needs and taking the lead to ranks among the top five sectors of agri- it, to remove Mexican nationals from Amer- change the untenable status quo. Your ef- culture in 28 states, and in the top 10 in all ican fields—but we cannot remove Argentin- forts on behalf of agriculture will go far to 50 states! ians from Argentina, Brazilians from Brazil, preserve one of our country’s strategic com- Nursery farming is inherently labor inten- or Malaysians from Malaysia. A healthy ag- modities—a stable and reliable labor supply sive and requires specialized skills. As with ricultural industry requires access to all that produces our food and helps to sustain the rest of agriculture, much of the nursery types of labor, including field labor, on a our economy. workforce is comprised of foreign workers; competitive basis, here in America. their labor here contributes immensely to We hope you will succeed in moving An estimated two-thirds of farm workers the American economy and secures the con- AgJobs 2009 to keep American agriculture lack proper work authorization. No other tinued employment of hundreds of thousands competitive. segment of the economy is so dependent of nursery farm managers, office, marketing, Best, upon a foreign-born workforce. Our industry sales, and other staff—good American jobs RICHARD NADLER, is also vulnerable to the increased workplace that will move to Canada or Mexico or China President. immigration enforcement focused on em- if we do not have a stable and legal work- ployers. In addition, several pending regu- force performing the nursery work that can- MAY 11, 2009. latory enforcement mechanisms like the not be readily mechanized. Senator DIANNE FEINSTEIN, ‘‘no-match’’ rule and ‘‘E-Verify’’ mandate an ANLA has long supported AgJOBS because U.S. Senate, immediate legislative solution to the labor its bipartisan, common-sense reforms reflect Washington, DC. problems of agriculture. how our country and our Congress must con- DEAR SENATOR FEINSTEIN: I am writing out of deep concern for the future of the agricul- Agricultural economists estimate that front and solve myriad tough challenges. tural industry in California, and the U.S. three non-farm jobs in the upstream and AgJOBS recognizes the unique experience generally. For reasons set forth more fully downstream economy are sustained by every and talent of the farm labor force that is here, now, feeding America, and encourages below, it is imperative that Congress pass farm worker job. Absent the reforms of these workers to continue contributing to legislation this year, such as AgJOBS, that AgJOBS, many of these jobs will be lost be- the well-being of our nation as they earn will provide agriculture with a stable, reli- cause agricultural producers will have no their way to a brighter future. AgJOBS also able and legal workforce. choice but to cut back or send some of their provides a lasting solution through a sweep- As you know, California agriculture relies production offshore. ing overhaul of the H–2A program. Indeed, upon a large immigrant workforce. The cur- In addition, AgJOBS will contribute to in- we could not support a bill that fails to pro- rent economic crisis and rampant unemploy- creasing national security by enhancing the vide a lasting solution. Many ANLA mem- ment has only confirmed what you and our rule of law. In the short term, those eligible bers now use H–2A and many more will be industry have been saying for years: Amer- to earn legal status must come forward, sub- able to when the reforms of AgJOBS are en- ican workers will not do these jobs. Despite mit to a background check and make sub- acted. staggering job losses, there has been no per- stantial commitment to agricultural work Senator, we have shared a difficult jour- ceptible shift in the demographic makeup of prospectively. This ability to retain our ney, and the journey is far from complete. our workforce. Today, as always, our indus- trained workforce will lead to a long-term We look forward to the enactment of the ur- try relies on a community of talented immi- solution so that capacity can be built to gently-needed reforms of AgJOBS, whether grant farmworkers. They are the best farm- allow greater participation in a reformed H– as part of a much broader effort to reform workers in the world, and our industry would 2A program. America’s failing immigration system, or as cease to exist without them. part of a strategic first step. Again, thank Honest employers who do not intend to Finally, the bipartisan AgJOBS continues you for your leadership. hire illegal immigrants, but unknowingly do to have the endorsement and support of or- Sincerely, when employees provide them with false but ganized labor, agriculture, immigrant rights ROBERT J. DOLIBOIS, CAE, genuine-appearing employment verification and religious community groups, and general Executive Vice President. documents, stand beneath the proverbial business, through three Congresses. CRAIG J. REGELBRUGGE, Sword of Damocles, never knowing if their Thank you for your leadership and vision Vice President for Government Relations. workforce—or they themselves—will be on this vital issue. We look forward to work- hauled off by federal agents. Where should ing with you in the months ahead to enact AMERICAS MAJORITY, agricultural employers look to find labor AgJOBS. Overland Park, KS, May 11, 2009. when Americans won’t do the job and the ones that will are largely falsely docu- The Society of American Florists is the na- Hon. DIANNE FEINSTEIN, mented? The answer is not the current H–2A tional trade association representing the en- U.S. Senate, program, which is notoriously cumbersome, tire floriculture industry, a $21 billion com- Washington, DC. DEAR SENATOR FEINSTEIN: I would like to uneconomical and prone to litigation. ponent of the U.S. economy at retail. Mem- commend you on the AgJobs Act of 2009, a I submit that the best opportunity to solve bership includes about 10,000 small busi- piece of legislation crucial to maintaining the farm labor issues in California and the nesses, including growers, wholesalers, re- America’s position in an increasingly inter- U.S. is AgJOBS. AgJOBS would provide tailers, importers and related organizations, nationalized market in vegetables, fruits, workable and fair legal channels for farm- located in communities nationwide and and grains. The bill is a paradigm of what workers to enter the country, work, and re- abroad. The industry produces and sells cut immigration reform should be—friendly turn home after completing the season. At flowers and foliage, foliage plants, potted alike to families and businesses, but mindful the same time, there is a clear and compel- flowering plants, and bedding plants. of the needs of public safety. ling need for experienced farmworkers who Sincerely, It is well known to those who represent ag- lack legal status to be given a chance to earn KEVIN PRIEST, ricultural constituents that foreign migrant legal status over time, subject to reasonable Chairman, Government Relations Committee. workers are crucial to American farmers, conditions.

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 14, 2009 CONGRESSIONAL RECORD — SENATE S5519 California’s $32 billion dollar agricultural AgJOBS is a solution for workers and agri- Incorporated; Farwest Equipment Dealers industry produces one-half of the nation’s culture producers. Association; Federation of Employers and fruits, vegetables and tree nuts. Without the NASDA has carefully considered the farm Workers of America; Gulf Citrus Growers As- passage and implementation of AgJOBS, labor issue and has concluded that Congress sociation; Irrigation Association; Land O’ California and the nation will continue to needs to enact immigration reform legisla- Lakes. export farms along with the field jobs and tion that provides workable and fair legal National Association of State Departments three to four upstream and downstream jobs channels for farmworkers to enter the coun- of Agriculture; National Cattlemen’s Beef that are created in the agricultural industry. try, work, and return home when the season Association; National Christmas Tree Asso- Furthering U.S. dependency on imported is over. The best opportunity to achieve both ciation; National Cotton Ginners Associa- crops from countries such as China is not of these goals is the bipartisan and time- tion; National Council of Agricultural Em- only dangerous for our health, it is dev- tested AgJOBS. ployers; National Council of Farmer Co- astating to our economy. NASDA’s current policy on agricultural operatives; National Farmers Union; Na- It is imperative that AgJOBS pass this labor is consistent with the objectives of the tional Greenhouse Manufacturers Associa- year. On behalf of Western Growers, I urge AgJOBS legislation. NASDA policy addresses tion; National Milk Producers Federation; you to introduce AgJOBS in the Senate as four areas of concern to all agricultural in- National Potato Council; National Water- soon as possible, as this legislation must not dustries: concern for the basic rights of all melon Association; New England Apple be delayed any longer. agricultural workers, recognition that the Council; Nisei Farmers League; Northeast Sincerely, current H2A program does not serve as a via- Dairy Producers; Northern Christmas Tree THOMAS A. NASSIF, ble means for addressing gaps in the local Growers; Northeast Farm Credit; Northwest President and CEO, workforce, the need for a trustworthy identi- Farm Credit Services; Northwest Horti- Western Growers. fication system for non-citizen workers, and cultural Council; OFA—An Association of the need to regularize the status of the exist- Floriculture Professionals; Pacific North- UNITED FARM WORKERS, ing workforce during a transition to a more west Christmas Tree Association. Keene, CA, May 14, 2009. transparent and enforceable means of meet- Pacific Tomato Growers; Perennial Plant Hon. DIANNE FEINSTEIN, ing basic workforce needs. Association; Produce Marketing Association; U.S. Senate, We greatly appreciate your support and re- Pro-Fac Cooperative; Raisin Bargaining As- Washington, DC. introduction of this important legislation. sociation; Rocky Mountain Farmers Union; DEAR SENATOR FEINSTEIN: Thank you for RON SPARKS, Senseny South Corporation; Snake River your leadership on the Agricultural Job Op- NASDA President, Commissioner, Farmers Association; Society of American portunities, Benefits, and Security Act Alabama Department of Agriculture & Florists; Southeast Cotton Ginners Associa- (‘‘AgJOBS’’). Industries. As you are well-aware, the status quo for tion, Inc; Southeast Dairy Farmers Associa- tion; Southern Christmas Tree Association; farmworkers and agricultural employers is CHAMBER OF COMMERCE OF THE Southern Cotton Ginners Association; untenable and must be reformed. The major- UNITED STATES OF AMERICA, Southern Nursery Association; Turfgrass ity of farmworkers lack immigration status. Washington, DC, May 14, 2009. Producers International; United Agri- Because they live and work in the shadows, TO THE MEMBERS OF THE UNITED STATES business League; United Egg Association; undocumented farmworkers are too fearful SENATE: The U.S. Chamber of Commerce, the United Egg Producers; United Fresh Produce to complain about violations of their wages world’s largest business federation rep- Association; U.S. Apple Association. and working conditions and are vulnerable resenting more than three million businesses to exploitation by labor contractors and and organizations of every size, sector, and U.S. Custom Harvesters Association; West- growers. The wages of all farmworkers are region, supports the ‘‘Agricultural Job Op- ern Growers; Western Plant Health Associa- depressed by the presence of so many em- portunity, Benefits, and Security Act of tion; Western Range Association; Western ployees who lack any meaningful bargaining 2009’’ (AgJOBS), which is expected to be in- United Dairymen; WineAmerica; Wine Grape power. The ability to legalize the immigra- troduced today. Growers of America; Wine Institute; Agricul- tion status of farmworkers under AgJOBS is The Chamber supports a comprehensive so- tural Affiliates (New York); Agricultural key to enabling farmworkers to bargain for lution to fixing America’s broken immigra- Council of California; Alabama Nursery & better working and living conditions. tion system and believes that AgJOBS is a Landscape Association; Alabama Water- With this letter are just a few stories of step towards that goal and one that can be melon Association; Arizona Nursery Associa- farmworkers and their families who will be taken now. One of the bill’s most important tion; Arkansas Green Industry Association; helped by the passage of AgJOBS. The attributes is that it provides a reasonable Blue Diamond Growers; California Apple United Farm Workers collected these stories mechanism for the most experienced, but un- Commission; California-Arizona Watermelon from farmworkers and farmworker groups authorized agricultural workers to earn legal Association; California Avocado Commis- and unions throughout the country. There status subject to strict conditions. sion; California Association of Nurseries and are thousands more like them. Agriculture is a sector that is highly sen- Garden Centers; California Association of Thank you for your continued leadership sitive to foreign competition. Forcing much Wine Grape Growers. and commitment to AgJOBS. We look for- of U.S. agricultural production offshore California Canning Peach Association; ward to working with you to achieve this through an enforcement-only approach to California Citrus Mutual; California Dairies desperately needed reform. immigration policy is resulting in signifi- Inc; California Dried Plum Board; California Sincerely, cant loss of American jobs and leaving the Farm Bureau Federation; California Fig In- ARTURO S. RODRIGUEZ, United States less secure. The U.S. agri- stitute; California Floral Council; California President culture sector is the most reliant on the for- Grain and Feed Association; California eign-born labor supply. However, each farm- Grape and Tree Fruit League; California THE NATIONAL ASSOCIATION OF worker sustains jobs in the upstream and League of Food Processors; California Pear STATE DEPARTMENTS OF AGRICULTURE, downstream economy—equipment, supplies Washington, DC, May 11, 2009. Growers Association; California Seed Asso- and services, packaging and distribution, ciation; California Strawberry Commission; Hon. DIANNE FEINSTEIN, lending and insurance. U.S. Senate, California Strawberry Nurserymens’ Asso- The bipartisan AgJOBS is the fruit of Washington, DC. ciation; California Walnut Commission; Cali- years of hard work by business and labor, DEAR SENATOR FEINSTEIN: The National fornia Women for Agriculture; Nursery Association of State Departments of Agri- conservatives and liberals, Republicans and Growers Association (CA); Olive Grower culture (NASDA) is a nonprofit nonpartisan Democrats alike. The Chamber urges your Council of California; Pacific Egg and Poul- association that represents the Commis- support for enactment of AgJOBS, this year. try Association; Sunmaid Growers of Cali- sioners, Secretaries and Directors of Agri- Sincerely, fornia. culture in the 50 states and for US terri- R. BRUCE JOSTEN, Sunsweet Growers Inc.; Valley Fig; Ven- tories. NASDA supports the Agricultural Job Executive Vice President, Government Affairs. tura County Agricultural Association; Asso- Opportunity, Benefits and Security Act of ciated Landscape Contractors of Colorado; 2009 (AgJOBS). AGRICULTURE COALITION FOR IMMIGRATION Colorado Nursery & Greenhouse Association; As leaders in agriculture, we recognize REFORM—MEMBERS AND SUPPORTERS Colorado Potato Administrative Committee; that a critical workforce need exists today in AgriMark Inc; Agri-Placement Services; Colorado Sugarbeet Growers Association; agriculture. Millions of American jobs de- Allied Federated Co-Ops, Inc; Allied Grape Colorado Wine Industry Development Board; pend on agricultural production and will be Growers; Almond Hullers and Processors; Connecticut Nursery & Landscape Associa- enhanced with legislation that can secure a American Agri-Women; American Frozen tion; Florida Citrus Mutual; Florida Citrus legal work force for agriculture as well as Foods Institute; American Horse Council; Packers; Florida Fruit and Vegetable Asso- regularize the status of current agricultural American Mushroom Institute; American ciation; Florida Nursery, Growers & Land- workers through an adjustment program Nursery & Landscape Association; American scape Association; Florida Watermelon Asso- problem. Farmers in most regions of the Sheep Industry Association; CoBank; Coun- ciation; Georgia Green Industry Association; United States have faced critical shortages cil of Northeast Farmer Cooperatives; Dairy Georgia Milk Producers; Georgia Water- of entry level workers for many years. Farmers of America; Dairylea Cooperative, melon Association; Winegrowers Association

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5520 CONGRESSIONAL RECORD — SENATE May 14, 2009 of Georgia; Idaho Apple Commission; Idaho Produce Export Association; Texas Produce be forced to choose between his or her Dairymen’s Association. Association; Texas Turf Producers Associa- livelihood and obeying the law. In Idaho Dairy Producers Assn.; Idaho Grower tion; Texas Vegetable Association; Western Vermont it is estimated that as many Shippers Association; Idaho Nursery & Land- Peanut Growers; Utah Dairymen’s Associa- scape Association; Idaho-Oregon Fruit and tion; Utah Nursery & Landscape Association; as 2000 undocumented workers work on Vegetable Association; Potato Growers of Vermont Apple Marketing Board. dairy farms in the State. We can all Idaho; Illinois Grape Growers and Vintners Vermont Association of Professional Horti- agree that this is not an ideal situa- Association; Illinois Landscape Contractors culturists; Frederick County Fruit Growers’ tion—not for the farmer and not for Association; Illinois Nurserymen’s Associa- Association (Virginia); Northern Virginia the worker, and not for an overall im- tion; Illinois Specialty Growers Association; Nursery & Landscape Association; South- migration system that is in need of Indiana-Illinois Watermelon Association; In- west Virginia Nursery & Landscape Associa- substantial repair. diana Nursery & Landscape Association; tion; Virginia Apple Growers Association; By providing a mechanism for loyal Iowa Nursery and Landscape Association; Virginia Christmas Tree Growers Associa- Kansas Nursery and Landscape Association; tion; Virginia Nursery and Landscape Asso- undocumented foreign workers to come Kentucky Nursery & Landscape Association; ciation; Wasco County Fruit & Produce out of the shadows and into the sun- Farm Credit of Maine; Maine Nursery & League; Washington Association of Wine light of the protection of the law and Landscape Association; Maryland-Delaware Grape Growers; Washington Growers Clear- the rights it will provide them, Con- Watermelon Association; Maryland Nursery ing House Association; Washington Growers gress can help begin a new day in & Landscape Association; Associated Land- League; Washington Potato & Onion Asso- American agriculture. No longer will scape Contractors of Massachusetts; Massa- ciation; Washington State Potato Commis- farmers endure the waste and heart- chusetts Nursery & Landscape Association. sion; Washington State Nursery & Landscape Michigan Apple Committee; Michigan Association; Washington Wine Institute; break of watching fields of crops rot for Blueberry Growers; Michigan Christmas Tree West Virginia Nursery and Landscape Asso- lack of workers to harvest. Workers Association; Michigan Green Industry Asso- ciation; Wisconsin Christmas Tree Growers will be able to contribute lawfully and ciation; Michigan Horticultural Society; Association; Wisconsin Nursery Association; openly to our Nation’s agricultural in- Michigan Nursery and Landscape Associa- Wisconsin Landscape Federation; Wisconsin dustry, and integrate into their sur- tion; Michigan Vegetable Council; Sod Producers Association. rounding communities, adding to the WineMichigan; Minnesota Nursery & Land- Mr. LEAHY. Mr. President, once fabric of our diverse American life. The scape Association; Mississippi Nursery Asso- again I am pleased to join Senator need for this legislation is clear and ciation; Missouri-Arkansas Watermelon As- FEINSTEIN to introduce the Agricul- sociation; Missouri Landscape & Nursery As- present, and I hope that some who have sociation; Montana Nursery & Landscape As- tural Job Opportunities, Benefits, and stood in opposition to sensible immi- sociation; Nebraska Nursery & Landscape Security Act AgJOBS. Senator FEIN- gration reform will recognize that Association; New England Nursery Associa- STEIN has been pursuing these impor- hardworking farmers and their commu- tion; New Jersey Nursery & Landscape Asso- tant reforms for several years now, and nities are as much the victims of their ciation; Dairy Producers of New Mexico; Ca- I commend her dedication to this legis- misguided obstructionism as are the yuga Marketing; Farm Credit of Western lation, and to America’s farmers. I join immigrants they seek to punish. We New York; First Pioneer Farm Credit. her and the other cosponsors of this New York Apple Association; New York will need the strong support in the Horticulture Society; New York State Nurs- legislation in strong support of Amer- Senate and from the Obama adminis- ery & Landscape Association; New York ica’s agricultural industry and the men tration if we are to make these and State Vegetable Growers Association; and women who work hard every day to other reforms to our immigration sys- ProFac Cooperative; Yankee Farm Credit; keep our farms running. tem. President Obama recognized the North Carolina Association of Nurserymen; In Vermont, as in many States across need for this legislation as a Senator North Carolina Christmas Tree Association; the country, farmers are feeling the ef- when he was an original cosponsor last North Carolina Commercial Flower Growers fects of a scarce labor pool. This prob- Congress. His leadership will be critical Association; North Carolina Farm Bureau lem is particularly acute for the dairy as we move forward. Federation; North Carolina Greenhouse Veg- industry, where the employment needs etable Growers Association; North Carolina Our bill contains other sensible pro- Green Industry Association; North Carolina are year-round and require a signifi- visions concerning the rights of work- Potato Association; North Carolina Straw- cant investment from the farmer in ers, fair wages, and a streamlined proc- berry Association; North Carolina Water- terms of training and development. I ess for farmers using the H–2A process. melon Association; North Carolina Wine & have long been concerned about the These are all important reforms that I Grape Council; Northern California Growers dairy farmers’ difficulties in trying to am proud to support. Senator FEIN- Association; North Dakota Nursery & Green- use the agricultural visa program. It STEIN is committed to the Nation’s house Association; Northern Ohio Growers simply makes no sense that the visa farmers and those who work for them, Association; Nursery Growers of Lake Coun- program dedicated to agriculture can- ty Ohio, Inc. and I am pleased to join her in support Ohio Fruit Growers Society; Ohio Nursery not be used by such an important arm of these needed reforms. & Landscape Association; Ohio Vegetable & of the industry. Mr. SCHUMER. Mr. President, I also Potato Growers Association; Oklahoma I have long advocated for the dairy- rise today in strong support of the Ag- Greenhouse Growers Association; Oklahoma specific provisions in the AgJOBS bill. ricultural Jobs, Opportunity, Benefits, State Nursery & Landscape Association; I worked to include these protections and Security Act of 2009, also known as Hood River Grower-Shipper Association; Or- for dairy farmers during Congress’s AgJOBS. egon Association of Nurseries; Oregon Wine last two debates on comprehensive re- The distinguished Senator from Cali- Board; Pennsylvania Landscape & Nursery form, and it is time for the immigra- Association; State Horticultural Association fornia has already eloquently explained of Pennsylvania; tion law to accommodate the legiti- what the AgJOBS bill is, what it seeks Raisin Bargaining Association; Rhode Is- mate needs of the Nation’s dairy farm- to accomplish and why America needs land Nursery and Landscape Association; ers. The AgJOBS bill will change this. this Congress to pass AgJOBS as soon Snake River Farmers Association; South It would give dairy farmers needing as possible. Carolina Greenhouse Growers Association; workers the opportunity to lawfully I simply wish to briefly explain to South Carolina Nursery & Landscape Asso- hire foreign workers who can remain the people of my home State of New ciation; South Carolina Watermelon Associa- with their employers for a meaningful York—as, their Senator—and to all of tion; South Dakota Nursery & Landscape As- sociation; Tennessee Nursery & Landscape period of time. the American people, as chairman of Association; Lonestar Milk Producers; The AgJOBS legislation contains the Senate Immigration Sub- Plains Cotton Growers. other important reforms that will help committee, why I support AgJOBS and Select Milk Producers (TX); South Texas all of America’s farmers. The creation why I think they should support Cotton and Grain Association; Texas Agri- of a blue card for undocumented agri- AgJOBS too. cultural Cooperative Council; Texas cultural workers who have been work- Simply put, the status quo in our ag- AgriWomen; Texas Association of Dairymen; ing to keep our farms running and ricultural industry is unsustainable. Texas Cattle Feeders Association; Texas Cit- fields planted and harvested is the What is the status quo? All around rus Mutual; Texas Cotton Ginners Associa- tion; Texas Grain Sorghum Producers Asso- right thing to do. It is a targeted and my home State of New York, and ciation; Texas Nursery & Landscape Associa- limited proposal that will serve to help across the country, family farmers are tion; Texas-Oklahoma Watermelon Associa- farmers and farm workers. I have said trying to do the right thing and oper- tion; Texas Poultry Federation; Texas before that no American farmer should ate lawful and successful farms.

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 14, 2009 CONGRESSIONAL RECORD — SENATE S5521 Virtually every family farmer I have these workers refuse to legalize their colleague from Alaska Senator MARK met in my travels across New York has status, or have any kind of criminal BEGICH, that will require all oil laden aggressively tried to hire Americans to record, they will be deported. tankers in Prince William Sound to be work in their nurseries, orchards, AgJOBS provides America’s family escorted by at least two towing vessels farms, and vineyards. farmers with access to legal workers or other vessels considered appropriate For instance, my friends in the Long and removes the burden on farmers to by the Secretary of the Department of Island Farm Bureau can tell you that perform the role of Federal immigra- Homeland Security. more than half of their members pay tion enforcement officials. At 12:04 a.m. on March 24, 1989, the more than $12–$15 per hour per worker, But just as importantly, AgJOBS Exxon Valdez, carrying over 53 million and actively seek to hire American places increased penalties on farmers gallons of crude oil, failed to turn back workers, often arranging buses to re- who hire illegal aliens and places pen- into the shipping lane after detouring cruit Americans into Long Island to alties on farmers who provide poor to avoid ice, and ran aground on Bligh work. working conditions for their employ- Reef. Alaskans will never forget that But what these family farmers are ees. This will make it far likelier that morning, waking up to hear about the finding is that—even in this bad econ- Americans who want these jobs will worst oil spill and environmental dis- omy, even if they offer Americans stay in these jobs for longer periods of aster in U.S. history and living with twice or sometime three times the time. the lasting impacts it has had on our minimum wage and provide benefits— For this reason, AgJOBS is supported State and residents. American workers simply won’t stay in by hundreds of agriculture, business, The National Transportation Safety these jobs for more than a few days. labor, religious, and ethnic affinity Board investigated the accident and de- Why don’t Americans want to stay in groups. termined probable causes for the acci- many of these agricultural jobs? Let It is my profound belief that Ameri- dent. While it determined that it was me share with you the description of cans are pro-legal immigration and primarily caused by human error of the the working conditions for agricultural anti-illegal immigration, and will sup- captain and crew, it is my belief that workers as provided by the Bureau of port policies that are consistent with we had also become complacent. It had Labor Statistics in their 2008–2009 Oc- this basic principle. been 12 years since we had begun to cupational Outlook Handbook. Here is AgJOBS fits this description. It se- tanker oil out of Valdez and there had their description: verely penalizes farmers who will con- not been an incident. However, when Much of the work of farmworkers and la- tinue to hire illegal immigrants and the spill occurred, we became acutely borers on farms and ranches is physically who choose to exploit their workers. aware of how woefully unprepared we strenuous and takes place outdoors in all But it also provides farmers with the were. The few prevention measures kinds of weather. ability to hire Americans and legal im- that were available were inadequate Harvesting fruits and vegetables, for exam- migrants who will take these jobs. and the spill response and clean-up re- ple, may require much bending, stooping, The current situation is simply un- and lifting. Workers may have limited access sources were seriously deficient. The tenable. Every day, American farms oil eventually fouled some 1,300 miles to sanitation facilities while working in the are closing and America has to import field and drinking water may also be limited. of shoreline, stretching almost 500 Farm work does not lend itself to a regular more and more food from abroad be- miles, and covered an area of 11,000 40-hour workweek. Work cannot be delayed cause it is far cheaper to buy foreign square miles. when crops must be planted or harvested or food than it is to produce food here. While the captain and crew were when animals must be sheltered and fed. For every farmworker job we lose to found at fault for the immediate cause Long hours and weekend work is common another country, America loses three in these jobs. For example, farmworkers and of the spill, the incident also high- to four other American jobs in pack- lighted huge gaps in regulatory over- agricultural equipment operators may work aging, processing, supplies, equipment, 6- or 7-days a week during planting and har- sight of the oil industry. The response vesting seasons. and other related sectors. of Congress to the spill was passage of Failure to pass AgJOBS will continue Many agricultural worker jobs are sea- the Oil Spill Pollution Act of 1990 or to result in devastating consequences sonal in nature, so some workers also do OPA90. The law overhauled shipping for our economy. other jobs during slow seasons. Migrant regulations, imposed new liability on farmworkers, who move from location to lo- In New York alone, the Farm Credit the industry, required detailed re- cation as crops ripen, live an unsettled life- Association of New York estimates style, which can be stressful. that if AgJOBS is not passed, New sponse plans and added extra safe- Farmworkers risk exposure to pesticides York State could lose in excess of 900 guards for shipping in Prince William and other hazardous chemicals sprayed on farms, $195 million in value of agricul- Sound. Since the law took effect, an- crops or plants. tural production, and over 200,000 acres nual oil spills were greatly reduced and This is certainly not the description in production in agriculture over the lawmakers, marine experts, the oil in- of a life most Americans would want next 24 months. dustry and environmentalists credit for themselves, much less for their Finally, our national security is the law for major improvements in children. And so what the family farm- threatened when we no longer are able U.S. oil and shipping industries. ers in New York experience is that to ensure that we can sufficiently feed Oil spill prevention and response even when Americans take these jobs, our people with American food. With- have been greatly improved in Prince the vast majority quit after only a few out AgJOBS, we place our Nation’s William Sound since the passage of days. food security at risk from those who OPA90. The U.S. Coast Guard now mon- So who is stepping in to take many might seek to do harm to America. itors fully laden tankers all the way of these difficult agricultural jobs? Im- This situation can and should be through Prince William Sound. Spe- migrants who need these jobs to sup- remedied. AgJOBS provides the rem- cially trained marine pilots ride the port the families they left behind in edy, and I am therefore proud to be an ships for 25 of the 70 mile journey their native country. original cosponsor of AgJOBS and through the Sound and there are But the vast majority of the immi- strongly support its passage. weather criteria for safe navigation. grants working in agricultural jobs are Contingency plans, skimmers, undocumented. For this reason, family By Ms. MURKOWSKI (for herself dispersants, oil barges and contain- farmers are often required to choose and Mr. BEGICH): ment booms are all now readily avail- between hiring undocumented workers S. 1041. A bill to amend the Oil Pollu- able. An advanced ice-detecting radar or going out of business. tion Act of 1990 to modify the applica- system is also in place to monitor the AgJOBS solves this problem in a way bility of certain requirements to dou- icebergs that flow off of the mighty Co- that is fair to everyone. ble hulled tankers transporting oil in lumbia Glacier. AgJOBS requires current undocu- bulk in Prince William Sound, Alaska; Two escort tugs accompany each mented agricultural workers to pay a to the Committee on Commerce, tanker while passing through the fine, pay their taxes, undergo thorough Science, and Transportation. Sound and are capable of assisting the background checks, and legalize their Ms. MURKOWSKI. Mr. President, tanker in the case of an emergency. status in order to keep their jobs. If today I am introducing a bill, with my This world class safety system recently

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5522 CONGRESSIONAL RECORD — SENATE May 14, 2009 saw the 11,000th fully loaded tanker Science, and Transportation Com- Committee on Health, Education, safely escorted through Prince William mittee. Labor, and Pensions. Sound. It is estimated that if the It is envisioned that, as advance- Mr. HARKIN. Mr. President, I rise to Exxon Valdez would have been double- ments in technology are made in the introduce a bill, the Menu Education hulled, the amount of the spill would future, any appropriate and warranted and Labeling Act, on behalf of myself have been reduced by more than half. modifications to the VERP cited above and my colleagues, Senator KENNEDY of While double hulled tankers are a huge implementing the dual escort practice Massachusetts, Senator REED of Rhode improvement over single hulls, they do as in effect as of March 1, 2009 and im- Island, and Senator GILLIBRAND of New not prevent oil spills. plementing the dual escort require- York. The legislation that Senator BEGICH ment in this section, including imple- It is by now well established that and I are introducing today will main- menting regulations, will be made by poor diet and obesity, as well as related tain the existing escort system in place the Prince William Sound Tanker Own- conditions such as heart disease, have for all tankers. Presently, the federal ers/Operators in consultation with the reached epidemic levels. The majority requirement that every loaded tanker U.S. Coast Guard, the State of Alaska, of the U.S. population is either over- be accompanied through the Sound by and the PWSRCAC and ratified and en- weight or obese. The incidence of type two tugs applies only to single-hulled dorsed by the U.S. Coast Guard before II diabetes has reached levels not even tankers. Even though, right now, dou- being implemented. imaginable 20 years ago, with some re- ble-hulled tankers are escorted by two The success of this escort system search suggesting that one in three vessels, federal law does not require over the past 20 years has shown us children will develop the disease by them to be. The last single hulled that it must not be compromised. We adulthood. tanker in the Prince William Sound cannot forget the lessons of the Exxon There is no single solution to this fleet is expected to be retired from Valdez oil spill and allow ourselves to complex issue of poor nutrition and service by August 2012 and our legisla- become complacent. diet related diseases. Policymakers tion ensures all double hulled tankers Mr. President, I ask unanimous con- looking for a silver bullet will be dis- will always be escorted by two tugs. sent that the text of the bill be printed appointed. But inaction is not an op- Although there have been a number in the RECORD. tion. We must start taking meaningful of marine incidents and near misses There being no objection, the text of steps to address this growing problem since the Exxon Valdez oil spill in 1989, the bill was orderd to be printed in the by giving people the tools necessary to over the past 20 years, through the ef- RECORD, as follows: live healthier lifestyles. That is why forts of the U.S. Coast Guard, industry, S. 1041 my colleagues and I are introducing the State of Alaska, and the Prince this bill today to extend nutrition la- Be it enacted by the Senate and House of Rep- William Sound Citizens Advisory Coun- resentatives of the United States of America in beling beyond packaged foods to in- cil to implement the requirements of Congress assembled, clude foods at chain restaurants with OPA 90, there have been no major oil SECTION 1. DUAL ESCORT VESSELS FOR DOUBLE 20 or more locations, as well as food in spills. Today, as a result, the marine HULLED TANKERS IN PRINCE WIL- vending machines. This common-sense transportation safety system estab- LIAM SOUND, ALASKA. idea will give consumers a needed tool lished for Prince William Sound is re- (a) IN GENERAL.—Section 4116(c) of the Oil to make wiser choices and achieve a garded as among the most effective in Pollution Act of 1990 (46 U.S.C. 3703 note; healthier lifestyle. It is a positive step Public Law 101–380) is amended— the world. A key reason for that ac- (1) by striking ‘‘Not later than 6 months’’ toward addressing the obesity epi- complishment is, in part, because of and inserting the following: demic. the safety benefits resulting from hav- ‘‘(1) IN GENERAL.—Not later than 180 days’’; In 1990, Congress passed the Nutrition ing dual escort vessels available to as- and Labeling and Education Act, NLEA, re- sist oil laden tankers transiting the (2) by adding at the end the following: quiring food manufacturers to provide Sound. ‘‘(2) PRINCE WILLIAM SOUND, ALASKA.— nutrition information on nearly all Section 4116 (c) of OPA 90 requires ‘‘(A) IN GENERAL.—The requirement in packaged foods. The impact has been that single hulled tankers over 5,000 paragraph (1) relating to single hulled tank- tremendous. Not only do nearly three- gross tons transporting oil in bulk in ers in Prince William Sound, Alaska, de- quarters of adults use the food labels scribed in that paragraph being escorted by Prince William Sound, Alaska be es- at least 2 towing vessels or other vessels con- on packaged foods, but studies indicate corted by at least two towing vessels or sidered to be appropriate by the Secretary that consumers who read labels have other vessels considered appropriate by (including regulations promulgated in ac- healthier diets. the Secretary. cordance with section 3703(a)(3) of title 46, Unfortunately, when Congress first Subsection (a) makes applicable to United States Code, as set forth in part 168 of passed the NLEA, it excluded res- double hulled tankers the requirement title 33, Code of Federal Regulations (as in taurants from any labeling require- in existing law including regulations in effect on March 1, 2009) implementing this ments. Since that time, restaurants 33 CFR Part 168 issued to implement subsection with respect to those tankers) have become more and more important that dual escort vessel requirement for shall apply to double hulled tankers over to Americans’ diet and health. Ameri- 5,000 gross tons transporting oil in bulk in single hulled tankers. The subsection Prince William Sound, Alaska. cans consume a third of their calories leaves the dual escort vessel require- ‘‘(B) IMPLEMENTATION OF REQUIREMENTS.— and spend half of their food dollars at ment in place for single hulled tankers. The Secretary of the Federal agency with ju- restaurants at the very time when nu- By making those cited regulations ap- risdiction over the Coast Guard shall carry trition and health experts say that ris- plicable to double hulled tankers, the out subparagraph (A) by order without no- ing caloric consumption and growing U.S. Coast Guard would not need to tice and hearing pursuant to section 553 of portion sizes are causes of obesity. We issue new regulations as a result of the title 5 of the United States Code.’’. also know that when children eat in (b) EFFECTIVE DATE.—The amendments amendment to section 4116(c) of OPA made by subsection (a) take effect on the restaurants, they consume twice as 90. Rather, the Secretary is authorized date that is 90 days after the date of enact- many calories as when they eat at and directed to ‘‘carry out subpara- ment of this Act. home. Consumers say that they would graph (A)’’ by order without notice and like nutrition information provided hearing, and without issuing new regu- By Mr. HARKIN (for himself, Mr. when they order their food at res- lations, under section 553 of title 5 of KENNEDY, Mrs. GILLIBRAND, and taurants, yet, while they have good nu- the U.S. Code. Mr. REED): trition information in supermarkets, The dual escort plan, as it was con- S. 1048. A bill to amend the Federal at restaurants they can only guess. stituted and in effect as of March 1, Food, Drug, and Cosmetic Act to ex- In recent years, some states and cit- 2009 for Prince William Sound, is de- tend the food labeling requirements of ies have led the way on menu labeling. scribed in a document entitled, ‘‘Vessel the Nutrition Labeling and Education New York City has already imple- Emergency Response Plan’’ or Act of 1990 to enable customers to mented a menu labeling initiative that ‘‘VERP’’, and is on file with the House make informed choices about the nu- requires the disclosure of calories on Transportation and Infrastructure tritional content of standard menu menus and menu boards at chain res- Committee and the Senate Commerce, items in large chain restaurants; to the taurants. Consumer surveys show that

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 14, 2009 CONGRESSIONAL RECORD — SENATE S5523 the residents of New York are enthusi- across the country who thought they to decipher the differences between astic about the initiative. The experi- were safe because they had health in- plans in terms of benefits covered or ence in New York has also underscored surance coverage. Health insurance is cost-sharing. Over the last recess, I the feasibility and practicality of the meant to protect against the risk that, held a health care roundtable discus- endeavor. Despite earlier concerns if you get sick, severely injured or re- sion in Charleston, which has more about implementation, the vast major- quire extensive medical care for one than 50 Medicare prescription drug ity of restaurants in New York City reason or another, it would not bank- plans for seniors and individuals with complied with the law quickly and rupt you. However, the exact opposite disabilities to choose from. I heard without incident. Those with par- is happening. People who thought they from countless West Virginians about ticular challenges were assisted by the had coverage for health care events— the extreme difficulty they have wad- New York City Health Department to small and large—found out much too ing through their prescription drug enable them to comply with the law. late that they were not protected at coverage options each and every plan But New York City is not the only all. The lack of insurance transparency year. The most compelling stories such initiative. Other cities such as leads consumers to purchase coverage came from a retired chemical engineer Philadelphia, Seattle, Portland, and that actually does not meet their needs and a retired attorney—both very San Francisco have followed suit. Just and leads to disaster for them finan- smart individuals—who have had major last fall, the State of California be- cially. problems determining what is and is came the first State in the Nation to In June 2008, the Senate Finance not offered and how much they will enact a statewide menu labeling law, Committee held a hearing on health in- have to pay out of their pockets for it. and Massachusetts became the second surance reform where we heard dev- When consumers buy cars, com- yesterday. Clearly there is not only a astating testimony from Mrs. Lisa puters, or even cereal, they generally public health rationale for menu label- Kelly, who purchased a limited benefit know what they are buying and how ing, but consumer demand as well. plan that did not provide adequate cov- much it will cost. But, when it comes As I already stated, I harbor no illu- erage when she needed treatment for to making choices about health care sions that any one policy will turn the leukemia. Mrs. Kelly paid a monthly coverage, it is often very difficult for tide on obesity and poor diet in our premium of $185 for AARP’s Medical consumers to tell what is actually cov- country, but if we are ever to reorient Advantage plan, underwritten by ered and how much they will have to our society and our health care system UnitedHealth Group, only to be told pay out-of-pocket in case of a serious in the U.S. away from treatment and that she had to pay M.D. Anderson illness or injury. Consumers cannot towards a stronger focus on prevention, $105,000 up front, prior to starting her make meaningful choices if details we must build prevention into the very chemotherapy treatment. This situa- about coverage are obscure or if the fabric of society. We must provide con- tion left Ms. Kelly in the untenable sit- definitions of key terms such as ‘‘hos- sumers with the tools and the support uation of leaving her cancer untreated pitalization’’, ‘‘outpatient care’’, or that they need to make the healthy or finding a way to pay on a limited ‘‘out-of-pocket limit’’ vary from plan choice the right choice. The MEAL Act budget. to plan. is one means by which to accomplish Medical bills are the second highest The lack of health insurance trans- that goal, and I urge my colleagues to cause of bankruptcy in our country. It parency also contributes to adminis- join me in supporting this important is estimated that 50 percent of all trative waste and complexity. Accord- legislation. bankruptcies are a result of medical ing to the American Medical Associa- expenses. Sixty-one percent of the 72 tion, more than half of health insurers By Mr. REID (for Mr. ROCKE- million adults under age 65 who had do not provide physicians with the FELLER (for himself, Mr. KOHL, problems paying medical bills or were transparency necessary for an efficient and Mr. LEVIN)): paying off medical debt in 2007 were in- claims processing system. Physicians S. 1050. A bill–amend title XXVII of sured at the time health care was pro- and hospitals must divert substantial the Public Health Service Act to estab- vided. An additional 1.5 million fami- resources away from patient care to ac- lish Federal standards for health insur- lies lose their homes every single year curately determine patient insurance ance forms, quality, fair marketing, due to medical costs. This is simply un- eligibility and benefit structure. and honesty in out-of-network cov- acceptable. The black box in which insurers oper- erage in the group and individual This is not just a coincidence. Plans ate also provides them with the oppor- health insurance markets, to improve that provide bare-bones coverage may tunity to use flawed payment struc- transparency and accountability in be fine if you live in a bubble, but that tures, like the Ingenix database, to un- those markets, and to establish a Fed- is not the reality most Americans live derpay patients who choose to get eral Office of Health Insurance Over- in. If we as a nation are serious about health care out of network. An inves- sight to monitor performance in those protecting all Americans from the dev- tigation by the New York Attorney markets, and for other purposes; to the astating financial consequences of seri- General and hearings conducted this Committee on Health, Education, ous illness, then Congress must hold spring by the Senate Commerce Com- Labor, and Pensions. the insurance industry accountable by mittee revealed American consumers Mr. ROCKEFELLER. Mr. President, I arming consumers with comprehensive have been paying billions of dollars out rise today—with my colleagues Con- information about the benefits covered of their own pockets for health care gresswoman ROSA DELAURO and Con- and not covered under their health that the insurance companies should gresswoman ALYSON SCHWARTZ—to in- plan, the true cost of their coverage, have been paying. The numbers the in- troduce the Informed Consumer and the cost-sharing they are respon- surance industry relied on justify these Choices in Health Care Act, legislation sible for. This information should not under-payments came from a secretive to hold insurance companies account- be shrouded in the legalese of health health care data company called able by increasing transparency in in- insurance companies, but in clear lan- Ingenix. Insurers refused to tell pa- surance coverage and to provide con- guage that is easy for consumers to un- tients or doctors how Ingenix came up sumers critical information about their derstand. As we seek to give consumers with their payment amounts. And they health care so they can make informed greater coverage choices, we should didn’t disclose that Ingenix was a whol- decisions. also give them the necessary tools to ly owned subsidiary of UnitedHealth All Americans deserve affordable, understand those choices. Group, the Nation’s second largest meaningful health care coverage that Another example of where the lack of health insurance company. The Ingenix meets their needs when they need it. insurance transparency has hurt con- investigations show tat the health in- However, there is an unsettling trend sumers is in the experience of the surance industry is willing to go to in America that is growing at an Medicare prescription drug benefit. great lengths to withhold accurate, ob- alarming rate—hardworking Ameri- Seniors and individuals with disabil- jective health care payment informa- cans are suffering from serious eco- ities have simply been overwhelmed by tion from American consumers. While nomic hardship because of medical the number of prescription drug plans they talk about transparency, they bills. There countless consumers all offered—without any meaningful way spent hundreds of millions of dollars

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5524 CONGRESSIONAL RECORD — SENATE May 14, 2009 creating a reimbursement system that SECTION 1. SHORT TITLE; TABLE OF CONTENTS. sponse to a physician claim and in how they kept patients and doctors in the dark. (a) SHORT TITLE.—This Act may be cited as explain the reason for the denial. There is no The U.S. Department of Labor cur- the ‘‘Informed Consumer Choices in Health consistency in the application of codes used rently lacks the capacity to oversee in- Care Act of 2009’’. to explain the denials, making it extremely surance industry compliance with fed- (b) TABLE OF CONTENTS.—The table of con- expensive for physician practices to deter- tents of this Act is as follows: mine how to respond. eral health insurance laws and to pro- (11) According to the American Medical vide states with the technical assist- Sec. 1. Short title; table of contents. Sec. 2. Findings. Association, more than half of health insur- ance necessary to effectively enforce Sec. 3. New minimum Federal standards for ers in a recent study did not provide physi- federal standards for health insurance. health insurance forms, qual- cians with the transparency necessary for an These federal standards include crucial ity, fair marketing, and hon- efficient claims processing system. protections like the Genetic Informa- esty in out-of-network cov- (12) According to the American Medical tion and Nondiscrimination Act, GINA, erage. Association, payers vary widely on how often the Health Insurance Portability and Sec. 4. Health Insurance accountability ini- they use proprietary rather than public Accountability Act, HIPAA, the tiatives. claims edits to reduce payments (ranging from zero to as high as nearly 72 percent). Newborns’ and Mothers’ Health Protec- Sec. 5. Health insurance transparency ini- tiatives. The use of undisclosed proprietary edits in- tion Act, the Women’s Health and Can- Sec. 6. Office of Health Insurance Oversight. hibits the flow of transparent information to cer Rights Act of 1998, Michelle’s Law, Sec. 7. Standards and accountability and physicians, adding additional administrative and mental health parity. As states transparency initiatives for costs to reconcile claims. continue to be overwhelmed by the in- group health plans through De- (13) The Federal government currently creasing pressure of the recession and partments of Labor and the lacks capacity to carry out responsibility for cost-cutting measures by insurers, Treasury. oversight and enforcement of current law re- state regulators are in desperate need SEC. 2. FINDINGS. quirements on health insurance issuers and for additional resources. In a 21st Cen- Congress finds the following: to provide States with technical assistance (1) Effective competition in private health in effectively enforcing Federal minimum tury health system where there will be standards for health insurance. even greater health insurance choices, insurance markets requires that consumers must have extensive and meaningful infor- (14) In order to improve the functioning of adequate federal oversight is abso- mation about what health insurance covers, the private health insurance market, assure lutely critical. what it costs, and how it works. the application of existing requirements to There is no excuse for limiting access (2) Based on the information currently pro- health insurance coverage, and reduce ad- to information that has such wide- vided by health insurers, patients are unable ministrative hassles for patients and pro- spread consequences for consumers. to predict what their health insurance cov- viders, there is a need for periodic examina- The Informed Consumer Choices in erage limits or out-of-pocket costs would be tions and audits of such coverage, for greater Health Care Act is the type of trans- if they had a serious illness. 72 million adults disclosure of information regarding the formative legislation we need to ad- under age 65 had problems paying medical terms and conditions of such coverage, and bills or were paying off medical debt in 2007, for the establishment of a Federal oversight dress the very significant issues stem- office to ensure enforcement of standards. ming from the lack of health insurance and 61 percent of those were insured at the time care was provided. SEC. 3. NEW MINIMUM FEDERAL STANDARDS FOR transparency. First, this legislation (3) It is difficult to impossible for con- HEALTH INSURANCE FORMS, QUAL- promotes transparency in coverage by sumers to obtain a copy of a health insur- ITY, FAIR MARKETING, AND HON- providing crucial data and assistance ESTY IN OUT-OF-NETWORK COV- ance policy from an insurance company be- ERAGE. to consumers and health care pro- fore they purchase it. (a) GROUP HEALTH INSURANCE.—Title viders. This includes new ‘‘Coverage (4) Consumers often find it difficult to XXVII of the Public Health Service Act is Facts’’ labels for insurance, similar to navigate and evaluate their choices in to- amended by inserting after section 2707 the nutrition labels, which accurately por- day’s health insurance markets and many se- following new section: lect a sub-optimal plan as a result. tray the financial obligations of pa- ‘‘SEC. 2708. STANDARDS FOR HEALTH INSURANCE tients in a given year under various (5) The Institute of Medicine of the Na- FORMS, QUALITY, FAIR MARKETING, tional Academy of Sciences has estimated AND HONESTY IN OUT-OF-NETWORK medical scenarios. The legislation also that nearly half of all American adults—90 COVERAGE. requires the development of consistent million people—have difficulty under- ‘‘(a) DEFINING INSURANCE TERMS; STAND- standards for insurance, including standing and using health information. ARDIZING INSURANCE FORMS.— standard definitions of key insurance (6) The Office of Disease Prevention and ‘‘(1) IN GENERAL.—The Secretary shall pro- terms to be used in descriptions of plan Health Promotion in the Department of vide for the development of standards for the benefits, so that consumers can make Health and Human Services reports that information that health insurance issuers ‘‘apples to apples’’ comparisons of cov- only 12 percent of the population using a are required to provide to group health plans erage options. Lastly, it strengthens table can calculate an employee’s share of to promote informed choice of health insur- insurance accountability and oversight health insurance costs for a year. ance coverage by such plans. (7) A RAND Corporation study found that ‘‘(2) STANDARD DEFINITIONS OF INSURANCE by creating a new Office of Health In- making it easier to get information about in- AND MEDICAL TERMS.— surance Oversight within the Depart- surance products and simplifying the appli- ‘‘(A) IN GENERAL.—The Secretary shall pro- ment of Health and Human Services, cations process would increase purchase vide for the development of standards for the and provides new resources for states rates as much as modest subsidies would, definitions of terms used in group health in- to help enforce federal standards. and all these reports prove the need for a surance coverage, including insurance-re- In the most recent Presidential elec- fundamental improvement in the way insur- lated terms (including the insurance-related tion, the voice of American voters was ance choices are made available to con- terms described in subparagraph (B)) and clear—they want medical care they can sumers. medical terms (including the medical terms afford and health care coverage they (8) Insurance forms provided to patients described in subparagraph (C)). and providers are often confusing, difficult ‘‘(B) INSURANCE-RELATED TERMS.—The in- can trust. The traditional role of insur- to reconcile with medical bills, and vary surance-related terms described in this sub- ers to hide or misrepresent insurance widely from insurer to insurer, thereby add- paragraph are premium, deductible, co-insur- coverage options can longer be toler- ing complexity and administrative waste to ance, co-payment, out-of-pocket limit, pre- ated; therefore, I urge my colleagues to the health care system. ferred provider, non-preferred provider, out- stand up for informed consumer deci- (9) Research indicates that physicians di- of-network co-payments, UCR (usual, cus- sions in health care and support this vert substantial resources, as much as 14 per- tomary and reasonable) fees, excluded serv- bill. cent of their total revenue, to ensure accu- ices, grievance and appeals, and such other Mr. President, I ask unanimous con- rate insurance payments for their services. terms as the Secretary determines are im- sent that the text of the bill and sup- Hospitals spend as much as 11 percent of portant to define so that consumers may their total revenue on billing and insurance- compare health insurance coverage and un- port material be printed in the RECORD. There being no objection, the mate- related costs. These include time spent de- derstand the terms of their coverage. termining patient insurance eligibility and ‘‘(C) MEDICAL TERMS.—The medical terms rial was ordered to be printed in the benefit structure. One study found that pa- described in this subparagraph are hos- RECORD, as follows: perwork adds at least 30 minutes to every pitalization, hospital outpatient care, emer- S. 1050 hour of patient care. gency room care, physician services, pre- Be it enacted by the Senate and House of Rep- (10) According to the American Medical scription drug coverage, durable medical resentatives of the United States of America in Association, there is wide variation in how equipment, home health care, skilled nurs- Congress assembled, often health insurers pay nothing in re- ing care, rehabilitation services, hospice

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services, emergency medical transportation, such provisions apply to standards developed (d) APPLICATION TO FEHBP.—The provi- and such other terms as the Secretary deter- under subsection (a). sions of section 2708(a) of the Public Health mines are important to define so that con- ‘‘(c) MARKETING.— Service Act shall apply to the Federal Em- sumers may compare the medical benefits of- ‘‘(1) IN GENERAL.—The Secretary shall pro- ployees Health Benefits Program under chap- fered by insurance health insurance and un- vide for the development of standards for the ter 89 of title 5, United States Code, and to derstand the extent of those medical benefits marketing of group health insurance cov- contractors, health plans, and enrollees in (or exceptions to those benefits). erage. Such standards shall include stand- such plans in the same manner as such provi- ‘‘(3) STANDARDIZATION OF INSURANCE ards for at least— sions apply under such section to group FORMS.—The Secretary shall provide for the ‘‘(A) marketing materials; and health insurance coverage and group health development of standards for the forms used ‘‘(B) sales commissions. plans and participants and beneficiaries. in connection with group health insurance ‘‘(2) NONDISCRIMINATION.—No group health SEC. 4. HEALTH INSURANCE ACCOUNTABILITY coverage, including for— insurance coverage may be offered for sale INITIATIVES. ‘‘(A) applications for health insurance cov- after the date that is two years after date of (a) IMPROVED HEALTH INSURANCE ACCOUNT- erage; the enactment of this section unless the ABILITY.—Title XXVII of the Public Health ‘‘(B) explanations of benefits for such cov- issuer provides the Secretary with a written Service Act is amended by adding at the end erage; certification that all marketing materials, the following new section: ‘‘(C) filing of complaints, grievances, and seminars, and other outreach efforts in con- ‘‘SEC. 2793. ACCOUNTABILITY INITIATIVES. appeals respecting such coverage; and nection with the offering of such coverage do ‘‘(a) IN GENERAL.—The Secretary, acting ‘‘(D) other common functions relating to not discriminate on the basis of income, through the Office of Health Insurance Over- such coverage as the Secretary deems appro- race, gender, ethnicity, or other demo- sight established under section 2795, shall priate. graphic factors as determined by the Sec- undertake activities in accordance with this ‘‘(4) COVERAGE FACTS LABELS FOR PATIENT retary. section to promote accountability of health CLAIMS SCENARIOS.—The Secretary shall de- ‘‘(3) APPLICATION OF PROVISIONS.—The pro- insurance issuers in meeting Federal health velop standards for coverage facts labels visions of paragraphs (7) through (9) of sub- insurance requirements, regardless of wheth- based on the patient claims scenarios de- section (a) apply to standards developed er this relates to health insurance in the in- scribed in section 2794(b)(4), which include under this subsection in the same manner as dividual or group market. ‘‘(b) COMPLIANCE EXAMINATIONS AND AU- information on estimated out-of-pocket cost- such provisions apply to standards developed DITS.— sharing and significant exclusions or benefit under subsection (a). ‘‘(1) IN GENERAL.—Without regard to limits for such scenarios. ‘‘(d) HONESTY IN COVERAGE OF OUT-OF-NET- whether or not there is a determination ‘‘(5) PERSONALIZED STATEMENT.—The Sec- WORK PROVIDERS.—The Secretary shall pro- under section 2722(a)(2) or 2761(a)(2) with re- retary shall develop standards for an annual vide for the development of standards for the spect to a health insurance issuer, in car- personalized statement that summarizes use accuracy and clarity of coverage for out-of- rying out this section, the Secretary shall of health care services and payment of network providers, including cost sharing conduct independent market conduct exami- claims with respect to an enrollee (and cov- and payments to such providers, for health nations and audits to monitor and verify the ered dependents) under group health insur- insurance issuers in group health insurance compliance of an health insurance issuer ance coverage in the preceding year. coverage that provide such coverage.’’. with Federal health insurance requirements. ‘‘(6) APPLICATION OF STANDARDS.—No group (b) APPLICATION IN THE INDIVIDUAL MAR- Such audits may include random compliance health insurance coverage may be offered for KET.—Such title is further amended by in- sale after the date that is two years after serting after section 2745 the following new audits and targeted audits in response to date of the enactment of this section un- section: complaints or other suspected non-compli- ance. less— ‘‘SEC. 2746. STANDARDS FOR HEALTH INSURANCE ‘‘(A) the benefits and other terms of cov- INSURANCE FORMS, QUALITY, FAIR ‘‘(2) RECOUPMENT OF COSTS.—In connection erage are consistent with the definitional MARKETING, AND HONESTY IN OUT- with such examinations and audits, the Sec- standards developed under paragraph (2); OF-NETWORK COVERAGE. retary is authorized to recoup from health ‘‘(B) the application and form of coverage ‘‘The provisions of section 2708 shall apply insurance issuers reimbursement for the and related forms are consistent with the under this part to individual health insur- costs of such examinations and audits of standardized forms developed under para- ance coverage and enrollees in such coverage such issuers. graph (3); and in the same manner as such provisions apply ‘‘(3) RELATION TO OTHER AUTHORITY.—The ‘‘(C) there is provided coverage facts labels under part A in the case of group health in- authorities under this section are in addition described in paragraph (4) with respect to the surance coverage and group health plans and to any authorities of the Secretary, includ- coverage. participants and beneficiaries.’’. ing authorities under sections 2722(b) and ‘‘(7) PERIODIC REVIEW AND UPDATING.—The (c) APPLICATION TO THE MEDICARE ADVAN- 2761(b). Secretary shall periodically review and up- TAGE PROGRAM AND THE MEDICARE PRESCRIP- ‘‘(c) DATA COLLECTION AND REVIEW.— date, as appropriate, the standards developed TION DRUG PROGRAM.— ‘‘(1) IN GENERAL.—The Secretary shall col- under this subsection. (1) MEDICARE ADVANTAGE PROGRAM.—Sec- lect and review data from health insurance ‘‘(8) EVALUATION OF INFORMATION RE- tion 1852 of the Social Security Act (42 issuers on health insurance coverage to mon- SOURCES.—In developing, reviewing, and up- U.S.C. 1395w–22) is amended by adding at the itor compliance with Federal health insur- dating standards under this subsection, the end the following new subsection: ance requirements applicable to such issuers Secretary shall provide for testing and eval- ‘‘(m) STANDARDS FOR HEALTH INSURANCE and coverage. Upon request by the Sec- uation of information resources in general FORMS, QUALITY, FAIR MARKETING, AND HON- retary, such issuers shall provide such data and to specific audiences including those ESTY IN OUT-OF-NETWORK COVERAGE.—The to the Secretary on a timely basis. with low literacy skills. provisions of section 2708(a) of the Public ‘‘(2) ELEMENTS TO REVIEW.—In carrying out ‘‘(9) CONSULTATION.—In developing review- Health Service Act shall apply to Medicare this subsection, the Secretary shall review ing, and updating standards under this sub- Advantage organizations, Medicare Advan- at least the following: section, the Secretary shall consult with, tage plans, and enrollees in such plans in the ‘‘(A) Underwriting guidelines to ensure among others, the National Association of same manner as such provisions apply under compliance with applicable Federal health Insurance Commissioners, health care pro- such section to group health insurance cov- insurance requirements. fessionals, researchers, health insurance erage and group health plans and partici- ‘‘(B) Rating practices to ensure compliance issuers, group health plans, patient advo- pants and beneficiaries.’’. with such requirements. cates, and literacy experts. (2) MEDICARE PRESCRIPTION DRUG PRO- ‘‘(C) Enrollment and disenrollment data, ‘‘(b) QUALITY ASSURANCES FOR HEALTH IN- GRAM.—Section 1860D–4 of the Social Secu- including information the Secretary may SURANCE.— rity Act (42 U.S.C. 1395w–104) is amended by need to detect patterns of discrimination ‘‘(1) IN GENERAL.—The Secretary shall pro- adding at the end the following new sub- against individuals based on health status or vide for the development of standards to as- section: other characteristics, to ensure compliance sure the quality of benefits under group ‘‘(m) STANDARDS FOR HEALTH INSURANCE with such requirements (including non- health insurance coverage. Such standards FORMS, QUALITY, FAIR MARKETING, AND HON- discrimination in group coverage, guaran- shall include standards relating to at least— ESTY IN OUT-OF-NETWORK COVERAGE.—The teed issue, guaranteed renewability require- ‘‘(A) network adequacy and stability; provisions of section 2708(a) of the Public ments applicable in all markets). ‘‘(B) guaranteed coverage for one year of Health Service Act shall apply to PDP spon- ‘‘(D) Post-claims underwriting and rescis- contracted benefits; sors, prescription drug plans, and enrollees sion practices to ensure compliance with ‘‘(C) adequacy and stability of prescription in such plans in the same manner as such such requirements relating to guaranteed re- drug networks; provisions apply under such section to group newability. ‘‘(D) utilization control systems; and health insurance coverage and group health ‘‘(E) Marketing materials and agent guide- ‘‘(E) grievances and appeals. plans and participants and beneficiaries.’’. lines to ensure compliance with applicable ‘‘(2) APPLICATION OF PROVISIONS.—The pro- (3) EFFECTIVE DATE.—The amendments Federal health insurance requirements. visions of paragraphs (5) through (9) of sub- made by this subsection shall apply to plan ‘‘(F) Data on the imposition of pre-existing section (a) apply to standards developed years beginning after the date that is 2 years condition exclusion periods and claims sub- under this subsection in the same manner as after the date of the enactment of this Act. jected to such exclusion periods.

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‘‘(G) Information on issuance of certifi- ‘‘(e) FEDERAL HEALTH INSURANCE REQUIRE- ices recommended by the United States Pre- cates of creditable coverage. MENTS DEFINED.—In this part, the term ‘Fed- ventive Services Task Force. ‘‘(H) Information on cost-sharing and pay- eral health insurance requirements’ means ‘‘(G) Information on civil or criminal ac- ments with respect to any out-of-network the requirements under this title insofar as tions successfully concluded against the coverage. they relate to health insurance issuers and issuer by any governmental entity. ‘‘(I) Such other information as the Sec- health insurance coverage, whether in the ‘‘(H) Benefit exclusions and limits. retary may determine to be necessary to individual or group market, and includes ‘‘(4) DEVELOPMENT OF PATIENT CLAIMS SCE- verify compliance with requirements of this other requirements imposed under Federal NARIOS.— title. law specifically in relation to the offering of ‘‘(A) IN GENERAL.—In order to improve the ‘‘(J) The application to issuers of penalties health insurance coverage by health insur- ability of individuals and group health plans for violation of such requirements, including ance issuers.’’. to compare the coverage and value provided the failure to produce requested information. SEC. 5. HEALTH INSURANCE TRANSPARENCY INI- under different health insurance coverage, ‘‘(3) TREATMENT OF PROPRIETARY INFORMA- TIATIVES. the Secretary shall develop a series of pa- TION.—The Secretary may request under this (a) IN GENERAL.—Title XXVII of the Public tient claims scenarios under which benefits subsection information that is proprietary or Health Service Act, as amended by section 3, (including out-of-pocket costs) under such that reveals a trade secret, but such infor- is further amended by adding at the end the coverage can be simulated for certain com- mation shall not be subject to further disclo- following new section: mon or expensive conditions or courses of sure to the general public in a manner that ‘‘SEC. 2794. TRANSPARENCY INITIATIVES. treatment, such as maternity care, breast reveals proprietary information or a trade ‘‘(a) IN GENERAL.—The Secretary, acting cancer, heart disease, diabetes management, secret. through the Office of Health Insurance Over- and well-child visits. ‘‘(4) FORM AND MANNER OF INFORMATION.— sight established under section 2795, shall ‘‘(B) CONSULTATION AND BASIS.—The Sec- Information under paragraph (1) shall be pro- undertake activities in accordance with this retary shall develop the scenarios under this vided— section to promote transparency in costs, paragraph— ‘‘(A) in a form and manner specified by the market practices, and other factors for ‘‘(i) in consultation with the National In- Secretary; and health insurance coverage, regardless of stitutes of Health, the Centers for Disease ‘‘(B) within 30 days of the date of receipt of whether the coverage is offered or in effect Control and Prevention, the Agency for the request for the information, or within in the individual or group market. Healthcare Research and Quality, health such longer time period as the Secretary ‘‘(b) DEVELOPMENT AND DISCLOSURE OF professional societies, patient advocates, and deems appropriate. STANDARDIZED INFORMATION.— others as deemed necessary by the Sec- ‘‘(5) ENFORCEMENT.—The Secretary shall ‘‘(1) IN GENERAL.—In carrying out this sec- retary; and have the same authority in relation to en- tion, the Secretary shall provide for the de- ‘‘(ii) based upon recognized clinical prac- forcement of requests for data under para- velopment of— tice guidelines. graph (1) as the Secretary has under section ‘‘(A) standards for information about ‘‘(5) MANNER OF DISCLOSURE.— 2722(b). health insurance issuers, their health insur- ‘‘(A) IN GENERAL.—The standards under ‘‘(6) COORDINATION WITH STATES.— ance policies, and their market practices paragraph (1)(B) shall provide for health in- ‘‘(A) IN GENERAL.—The Secretary shall co- with respect to such policies; and surance issuers to disclose the information ordinate with State insurance regulators so ‘‘(B) standards for the disclosure of such under this subsection— that data with respect to health insurance information in a timely, consistent, and ac- ‘‘(i) with all marketing materials; issuers and coverage are collected and re- curate manner by health insurance issuers ‘‘(ii) on the web site of the issuer; and ported in a common format. about each health insurance policy marketed ‘‘(iii) at other times upon request. ‘‘(B) CLEARINGHOUSE.—The Secretary shall and in force. ‘‘(B) CONTRACT LANGUAGE.—Such standards establish a clearinghouse for the sharing of ‘‘(2) INFORMATION TO BE DISCLOSED.— also shall require the disclosure of full policy data reported by health insurance issuers ‘‘(A) IN GENERAL.—In carrying out this sec- contract language in printed form upon re- and for the findings from audits and inves- tion, the Secretary shall require health in- quest. tigations. Such clearinghouse may be estab- surance issuers to disclose to enrollees, po- ‘‘(c) APPLICATION OF ENFORCEMENT PROVI- lished in conjunction with the National As- tential enrollees, in-network health care SIONS.—The provisions of sections 2722 and sociation of Insurance Commissioners. providers, and others through a publicly 2671 shall apply to enforcement of the re- ‘‘(7) COORDINATION WITH DEPARTMENTS OF available Internet website and other appro- quirements of this section in the same man- LABOR AND TREASURY.—The Secretary shall priate means at least the following con- ner as such provisions apply to the provi- coordinate with the Secretaries of Labor and cerning each policy of health insurance cov- sions of part A or part B, respectively. Under Treasury with respect to requirements to re- erage marketed or in force, in such standard- such provisions the States shall have initial (and primary) enforcement authority with port data that affect health insurance cov- ized manner as the Secretary specifies: respect to such requirements, except that erage sold in connection with group health ‘‘(i) Full policy contract language. the Secretary under section 2793 may di- plans. ‘‘(ii) A summary of the information de- rectly monitor compliance with such provi- ‘‘(d) HEALTH INSURANCE ACCOUNTABILITY scribed in paragraph (3). sions as well.’’. GRANTS TO STATES.— ‘‘(iii) For each of the scenarios developed (b) CONFORMING AMENDMENTS REGARDING ‘‘(1) IN GENERAL.—The Secretary shall pro- under paragraph (4), the coverage facts label DISCLOSURE OF INFORMATION.— vide for grants to Departments of Insurance information developed under section (1) REFERENCE IN THE GROUP MARKET.—Sec- in States to strengthen their enforcement of 2709(a)(4). tion 2713 of the Public Health Service Act (42 Federal health insurance requirements with ‘‘(B) PERSONALIZED STATEMENT.—In car- U.S.C. 300gg–13)) is amended by adding at the respect to health insurance issuers operating rying out this section, the Secretary shall end the following new subsection: in such States. Such a grant shall only be require health insurance issuers to disclose ‘‘(c) REFERENCE TO DISCLOSURE OF INFOR- made pursuant to an application made to the to enrollees, in such standardized manner as MATION.—For provision requiring disclosure Secretary. the Secretary specifies, an annual personal- of information by health insurance issuers, ‘‘(2) FUNDING.— ized statement described in section 2708(a)(5). see section 2794(d).’’. ‘‘(A) IN GENERAL.—Of the funds appro- ‘‘(3) INFORMATION TO BE DISCLOSED.—The in- (2) REFERENCE IN THE INDIVIDUAL MARKET.— priated under subparagraph (B) for grants formation described in this paragraph is at Section 2761 of the Public Health Service Act under this subsection, the Secretary shall least the following: is amended by adding at the end the fol- provide a grant to each State with an appli- ‘‘(A) Data on the price of each new policy lowing new subsection: cation approved under paragraph (1). of health insurance coverage and renewal ‘‘(c) REFERENCE TO DISCLOSURE OF INFOR- ‘‘(B) ALLOCATION.—Funds so appropriated rating practices. MATION.—For provision requiring disclosure for any fiscal year shall be apportioned ‘‘(B) Information on claims payment poli- of information by health insurance issuers, among the States in accordance with a for- cies and practices, including how many and see section 2794(d).’’. mula determined by the Secretary that how quickly claims were paid. SEC. 6. OFFICE OF HEALTH INSURANCE OVER- takes into account the scope of health insur- ‘‘(C) Information on provider fee schedules SIGHT. ance subject to regulation under this title in and usual, customary, and reasonable fees (a) IN GENERAL.—Title XXVII of the Public each State and such other factors as the Sec- (for both network and out-of-network pro- Health Service Act, as amended by sections retary may specify. viders). 3 and 4, is amended by adding at the end of ‘‘(C) APPROPRIATIONS AND AUTHORIZA- ‘‘(D) Information on provider participation part C the following new section: TIONS.—There is hereby appropriated, out of and provider directories. ‘‘SEC. 2795. OFFICE OF HEALTH INSURANCE any funds in the Treasury not otherwise ap- ‘‘(E) Information on loss ratios, including OVERSIGHT. propriated for the first fiscal year in which detailed information about amount and type ‘‘(a) ESTABLISHMENT.—There is established this section is in effect, $10,000,000 for grants of non-claims expenses. within the Department of Health and Human under this subsection, to be available until ‘‘(F) Information on covered benefits, cost- Services an Office of Health Insurance Over- expended. For each subsequent fiscal year sharing, and amount of payment provided to- sight (referred to in this section as the ‘Of- there is authorized to be appropriated such ward each type of service identified as a cov- fice’). The Office shall be headed by a Direc- sums as may be necessary for such grants. ered benefit, including preventive care serv- tor of Health Insurance Oversight (referred

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to in this section as the ‘Director’) who shall ‘‘(C) APPROPRIATIONS AND AUTHORIZA- $20,000,000 for the first fiscal year beginning be appointed by and report directly to the TIONS.—There is hereby appropriated, out of after the date of the enactment of this sec- Secretary. any funds in the Treasury not otherwise ap- tion and such sums as may be necessary for ‘‘(b) DUTIES.— propriated for the first fiscal year in which subsequent fiscal years.’’. ‘‘(1) PROMOTION OF ACCOUNTABILITY IN this section is in effect, $30,000,000 for grants (b) CONFORMING AMENDMENTS REGARDING HEALTH INSURANCE.— under this paragraph, to be available until ADDITIONAL AUTHORITY.— ‘‘(A) IN GENERAL.—The Director shall im- expended. For each subsequent fiscal year (1) GROUP MARKET.—Section 2722 of such plement accountability initiatives under sec- there are authorized to be appropriated such Act (42 U.S.C. 300gg–22) is amended by adding tion 2793. sums as may be necessary for such grants. at the end the following new subsection: ‘‘(B) CLEARINGHOUSE.—The Director shall ‘‘(5) ADMINISTRATION OF HIGH RISK POOL.— ‘‘(c) REFERENCE TO ADDITIONAL AUTHOR- provide, in consultation with the National The Director shall administer the high risk Association of Insurance Commissioners, for pool program under section 2745. ITY.—For additional Secretarial authorities with respect to requirements under this part, a clearinghouse for State health insurance ‘‘(6) ADMINISTRATION OF GRANTS TO STATE see sections 2793 and 2794.’’. regulators to share information concerning, INSURANCE DEPARTMENTS.—The Director and help them to enact and enforce, Federal shall administer the program of grants to (2) INDIVIDUAL MARKET.—Section 2761 of health insurance requirements. State insurance departments under section such Act (42 U.S.C. 300gg–61) is amended by ‘‘(2) PROMOTE TRANSPARENCY IN HEALTH IN- 2793(d). adding at the end the following new sub- section: SURANCE.—The Director shall implement ‘‘(c) PERIODIC REPORTS.—The Director shall transparency initiatives under section 2794. submit periodic reports to Congress on the ‘‘(c) REFERENCE TO ADDITIONAL AUTHOR- ‘‘(3) CONSUMER INFORMATION, ASSISTANCE.— Office’s activities. ITY.—For additional Secretarial authorities ‘‘(A) IN GENERAL.—The Director shall pro- ‘‘(d) COORDINATION.— with respect to requirements under this part, vide for consumer information assistance on ‘‘(1) FEDERAL OFFICIALS.—The Director see sections 2793 and 2794.’’. health insurance coverage, and Federal shall coordinate, with the Secretaries of health insurance consumer protections under SEC. 7. STANDARDS AND ACCOUNTABILITY AND Labor and Treasury, activities under this TRANSPARENCY INITIATIVES FOR this title, including through carrying out ac- section with respect to requirements that af- GROUP HEALTH PLANS THROUGH tivities under this paragraph. fect health insurance coverage offered in DEPARTMENTS OF LABOR AND THE ‘‘(B) INFORMATION RESOURCES.—The Direc- connection with group health plans, includ- TREASURY. tor shall develop health insurance informa- ing coordination in — (a) STANDARDS.—In coordination with the tion resources for consumers, including cov- ‘‘(A) development and dissemination of in- Secretary of Health and Human Services, the erage facts labels for patient claims sce- formation; and Secretaries of Labor and the Treasury shall narios developed under section 2794(b)(4) and ‘‘(B) consumer inquiries and complaints re- establish for group health plans standards web-based information on average price lating to Federal health insurance require- ranges for out-of-network services based on comparable to the standards developed by ments. geography. the Secretary of Health and Human Services ‘‘(2) STATE HEALTH INSURANCE REGU- ‘‘(C) SERVICE.—The Director shall establish for group health insurance coverage under LATORS.—In carrying out the Office’s activi- a consumer assistance service that, directly section 2708 of the Public Health Service Act, ties, the Director shall— or in coordination with State health insur- as added by section 3(a), in order to promote ‘‘(A) coordinate with State health insur- ance regulators and consumer assistance or- quality, fair marketing, and honesty in out- ance regulators regarding data collection ganizations, receives and responds to inquir- of-network coverage under such plans and to and disclosure and audit and enforcement ac- ies and complaints concerning health insur- permit participants to make an informed de- tivities in order to avoid duplication and to ance coverage with respect to Federal health cision in cases where they are offered a use regulatory resources most efficiently; insurance requirements and under State law. choice of coverage under such a plan. ‘‘(B) monitor State efforts to implement ‘‘(4) HEALTH INSURANCE CONSUMER ASSIST- and enforce consumer protections consistent (b) ACCOUNTABILITY AND TRANSPARENCY INI- ANCE GRANTS.— with Federal health insurance requirements; TIATIVES.—In coordination with the Sec- ‘‘(A) IN GENERAL.—The Director shall pro- ‘‘(C) provide technical assistance to States retary of Health and Human Services, the vide for grants to public, private or not-for- Secretaries of Labor and the Treasury shall profit consumer assistance organizations to seeking to implement and enforce consumer protections consistent with such require- jointly undertake accountability and trans- develop, support, and evaluate consumer as- parency initiatives with respect to group sistance programs related to selecting and ments; and ‘‘(D) provide for regular communication health plans similar to those undertaken by navigating health care coverage. Such a the Secretary of Health and Human Services grant shall only be made pursuant to an ap- with such regulators to coordinate enforce- with respect to group and individual health plication made to the Director. In making ment efforts and sharing of information insurance coverage under sections 2793 and such grants, the Director shall attempt to ‘‘(e) TRANSFER OF PERSONNEL AND RE- 2794 of the Public Health Service Act, as ensure regional and geographic equity. SOURCES.—The Secretary shall provide for added by sections 4 and 5 of this Act. ‘‘(B) GRANT REQUIREMENT.—As a condition the transfer to the Office of those personnel of receiving such a grant, an organization and resources within the Department of (c) GROUP HEALTH PLAN DEFINED.—In this shall be required to collect and report data Health and Human Services that, as of the section, with respect to the Secretary of to the Director on the types of problems and date of the enactment of this section, relate Labor and the Secretary of the Treasury, the inquiries encountered by consumers they directly to the responsibilities of the Direc- term ‘‘group health plan’’ has the meaning serve. Data shall be used by the Director to tor under this section. such term for purposes of part 7 of subtitle B inform enforcement activities and be shared ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— of title I of the Employee Retirement In- with State insurance regulators, the Depart- In addition to amounts made available under come Security Act of 1974 and chapter 100 of ment of Labor, and the Secretary of the subsection (b)(4)(C), there are authorized to the Internal Revenue Code of 1986, respec- Treasury. be appropriated to carry out this section tively.

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VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE Insert graphic folio 24/W ES14MY09.001 May 14, 2009 CONGRESSIONAL RECORD — SENATE S5529 By Ms. MURKOWSKI: This National Law Enforcement Mu- SUBMITTED RESOLUTIONS S. 1053. A bill to amend the National seum will tell the story of our law en- Law Enforcement Museum Act to ex- forcement heroes. It will help ensure tend the termination date; to the Com- that visitors to the Law Enforcement SENATE RESOLUTION 149—EX- mittee on Energy and Natural Re- Officers Memorial have an opportunity PRESSING SOLIDARITY WITH sources. to reflect on the ways that our fallen THE WRITERS, JOURNALISTS, Ms. MURKOWSKI. Mr. President, officers lived their lives, rather than AND LIBRARIANS OF CUBA ON this week is National Police Week, the the way those officers died. WORLD PRESS FREEDOM DAY one week each year when tens of thou- Our colleagues may be interested to AND CALLING FOR THE IMME- sands of law enforcement officers from know that it was Vivian Eney-Cross, DIATE RELEASE OF CITIZENS OF around the U.S. and some from foreign the surviving spouse of a fallen U.S. CUBA IMPRISONED FOR EXER- lands descend upon Washington, DC to Capitol Police officer, who coined the CISING RIGHTS ASSOCIATED pay homage to the fallen officers who phrase, ‘‘It is not how these officers WITH FREEDOM OF THE PRESS gave their lives in the service of our died that made them heroes, it is how Mr. MARTINEZ (for himself, Mr. communities. they lived.’’ All around Washington we see police MENENDEZ, Mr. GRAHAM, Mr. ENSIGN, cars and motorcycles from jurisdic- The National Law Enforcement Mu- Mr. NELSON of Florida, Mr. VOINOVICH, tions far and wide. Honor guards and seum Act requires that the museum be and Mr. LUGAR) submitted the fol- drill teams. And many uniformed law financed with private contributions. lowing resolution; which was consid- enforcement officers with their fami- The National Law Enforcement Offi- ered and agreed to: cers Memorial Fund has been diligent lies and kids. S. RES. 149 At a hotel in Alexandria, VA, thou- in seeking private financing and hopes Whereas Article 19 of the Universal Dec- sands of surviving families and cowork- to break ground on the museum in No- laration of Human Rights provides, ‘‘Every- ers of fallen law enforcement officers vember 2010 with a 2013 opening date. one has the right to freedom of opinion and are gathered for the 2009 National Po- I am hopeful that construction of the expression; this right includes freedom to lice Survivors Conference, sponsored by new museum will begin in 2010 but I am hold opinions without interference and to Concerns of Police Survivors. Today also realistic about the difficulties of seek, receive and impart information and ideas through any media and regardless of marks the 25th anniversary of the raising private funds for worthy projects given current world economic frontiers.’’; founding of Concerns of Police Sur- Whereas the United Nations General As- vivors. I thank all of our colleagues for conditions. sembly declared May 3 of each year to be supporting S. Res. 138 commending Fortunately, these economic condi- ‘‘World Press Freedom Day’’ to raise aware- that organization on the occasion of tions have neither deterred the Memo- ness of the importance of freedom of expres- this significant anniversary. Tomorrow rial Fund from asking for donations sion and to remind governments of their ob- we observe Peace Officers Memorial nor have they deterred prospective con- ligation to respect the rights of free expres- Day with services at the U.S. Capitol. tributors with the ability to give, from sion and of a free press; Last evening the National Law En- giving. On May 4, the Memorial Fund Whereas the United States Department of forcement Officers Memorial Fund con- State, in its 2008 report on human rights in announced a $1.5 million grant from Cuba, notes, ‘‘The government [of Cuba] sub- ducted its annual candlelight vigil at the Verizon Foundation to develop edu- jected independent journalists to travel the memorial on Judiciary Square. I cational and interactive technology bans, detentions, harassment of family and had the privilege of reading the name programs at the planned museum. friends, equipment seizures, imprisonment, of a fallen officer, John Patrick Watson However, I must call the attention of and threats of imprisonment. State Security of the Kenai Police Department, at the our colleagues to a critical deadline in agents posed as independent journalists to 2004 candlelight vigil. I can attest that the National Law Enforcement Mu- gather information on activists and spread misinformation and mistrust within inde- this annual event does justice to the seum Act. The act provides that the memory of the 18,662 names inscribed pendent journalist circles.’’; authority to construct a museum ter- Whereas Reporters Without Borders, an on the memorial walls. minates on November 9, 2010 if con- For fifty-one weeks out of every year international nongovernmental organiza- struction has not begun by that date. tion, continues to rank Cuba as one of the those memorial walls display names. Today, I offer legislation that will push most repressive countries in the world, and Just names. There is a story of heroism the termination date out to November the most repressive country in the Western behind each of these names. Yet for 51 9, 2013. This legislation will provide a Hemisphere, with respect to freedom of the weeks out of each year, those stories cushion for the Memorial Fund to con- press; Whereas the International Press Institute, are hidden from public view. Visitors tinue their fundraising efforts. to the memorial can discover but a few a global network of journalists, editors, and Our law enforcement officers put of these stories by viewing the displays media executives, concludes that Cuba ‘‘re- their lives on the line every day to pro- at the Memorial Fund’s tiny visitor’s mains a leading jailer of journalists’’; tect our communities. Giving the Na- Whereas International PEN, an inter- center. national network of writers, has reported During National Police Week the me- tional Law Enforcement Officers Me- morial Fund a bit more time to ar- that 22 writers, journalists, and librarians morial comes alive with news clip- were among the individuals arrested and pings, photographs and patches—even range financing, if they need it, is a small price to pay. A small price to pay tried during the crackdown by the Govern- the door of a police car—placed at the ment of Cuba on independent civil society memorial by law enforcement agencies for the sacrifices our law enforcement activists in the spring of 2003, and subse- and friends and family members of the officers and their families make every quently imprisoned; fallen officers. These ad hoc memorials day. Whereas International PEN further reports are removed at the end of Police Week. Mr. President, I ask unanimous con- that ‘‘the majority of the detained writers, Those that are left behind become part sent that the text of the bill be printed journalists and librarians are suffering from in the RECORD. health complaints caused or exacerbated by of the National Law Enforcement Offi- the harsh conditions and treatment they are cers Memorial Fund’s permanent col- There being no objection, the text of exposed to in prison. Despite their deterio- lection. Someday more substantial the bill was ordered to be printed in rating health status, access to adequate parts of that collection will be dis- the RECORD, as follows: medical treatment is often limited.’’; and played to the public at the National S. 1053 Whereas the Committee to Protect Jour- Law Enforcement Museum. nalists, a nonpartisan international organi- In 2000, Congress passed the National Be it enacted by the Senate and House of Rep- zation of journalists, has identified more resentatives of the United States of America in than 20 writers, journalists, and librarians in Law Enforcement Museum Act, Public Congress assembled, Law 106–492, which set aside land across Cuba who remain imprisoned by the Govern- from the National Law Enforcement SECTION 1. NATIONAL LAW ENFORCEMENT MU- ment of Cuba: Now, therefore, be it SEUM ACT. Resolved, That the Senate— Officers Memorial for a National Law Section 4(f) of the National Law Enforce- (1) expresses solidarity with— Enforcement Museum. The museum is ment Museum Act (Public Law 106–492) is (A) the citizens of Cuba who are suffering to be operated by the National Law En- amended by striking ‘‘10 years’’ and insert- harassment, deprivation, or imprisonment forcement Officers Memorial Fund. ing ‘‘13 years’’. for exercising rights associated with freedom

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5530 CONGRESSIONAL RECORD — SENATE May 14, 2009 of the press and pursuing livelihoods as inde- SENATE RESOLUTION 151—DES- While the compensation program can pendent writers, journalists, or librarians; IGNATES A NATIONAL DAY OF provide some financial assistance, it and REMEMBRANCE ON OCTOBER 30, can never fully make up for what was (B) the family members of those writers, 2009, FOR NUCLEAR WEAPONS lost. journalists, and librarians; and PROGRAM WORKERS IN THE I would also like to take a moment (2) calls on the Government of Cuba to re- SERVICE OF THE PEOPLE to mention one particular heroine lease immediately all writers, journalists, among these Cold War heroes: Janine and librarians who are imprisoned for exer- Mr. BUNNING (for himself, Mr. AL- Lynn Anderson, a dedicated advocate cising their fundamental human rights, in- EXANDER, Ms. MURKOWSKI, Mr. BINGA- cluding the citizens of Cuba that have been MAN, Mr. UDALL of Colorado, Mr. KEN- for all the American nuclear weapons specifically identified by international orga- NEDY, Mr. VOINOVICH, Mr. REID, Mr. workers. Janine worked tirelessly for nizations that monitor respect for the free- CORKER, Mr. GRASSLEY, Mrs. MURRAY, over a decade to ensure that nuclear dom of the press as being imprisoned by the and Mr. MCCONNELL) submitted the fol- weapons workers were not forgotten Government of Cuba. lowing resolution; which was referred after the Cold War was won. Sadly, to the Committee on the Judiciary: Janine passed away just a week ago on f S. RES. 151 May 2. She will be missed. It was her idea that these patriotic Whereas hundreds of thousands of men and men and women be recognized through SENATE RESOLUTION 150—COM- women have served this Nation in building a National Day of Remembrance, for MEMORATING AND CELE- its nuclear defense since World War II; their contribution, service, and sac- BRATING THE LIVES OF OFFICER Whereas these dedicated American workers paid a high price for their service and have rifice towards the defense of this great KRISTINE MARIE FAIRBANKS, developed disabling or fatal illnesses as a re- nation. DEPUTY ANNE MARIE JACKSON, sult of exposure to beryllium, ionizing radi- That is why it is particularly appro- AND SERGEANT NELSON KAI NG ation, toxic substances, and other hazards priate that today we introduce this res- WHO GAVE THEIR LIVES IN THE that are unique to the production and test- olution to designate October 30, 2009 as SERVICE OF THE PEOPLE OF ing of nuclear weapons; Whereas these workers were put at indi- a National Day of Remembrance in WASHINGTON STATE IN 2008 vidual risk without their knowledge and con- honor of these Cold War heroes. I look forward to working with my colleagues Mrs. MURRAY (for herself and Ms. sent in order to develop a nuclear weapons program for the benefit of all American citi- from both parties to pass this resolu- CANTWELL) submitted the following zens; and tion soon. resolution; which was considered and Whereas these patriotic men and women f agreed to: deserve to be recognized for their contribu- tion, service, and sacrifice towards the de- AMENDMENTS SUBMITTED AND S. RES. 150 fense of our great Nation: Now, therefore, be PROPOSED it Whereas law enforcement officers through- SA 1111. Mr. VITTER submitted an amend- Resolved, That the Senate— out Washington State conduct themselves in ment intended to be proposed to amendment (1) designates October 30, 2009, as a na- a manner that supports, maintains, and de- SA 1058 proposed by Mr. DODD (for himself tional day of remembrance for American nu- fends the Constitution of the United States and Mr. SHELBY) to the bill H.R. 627, to clear weapons program workers and uranium and the Constitution of the State of Wash- amend the Truth in Lending Act to establish miners, millers, and haulers; and ington; fair and transparent practices relating to the (2) encourages the people of the United Whereas law enforcement officers in Wash- extension of credit under an open end con- States to support and participate in appro- ington State and throughout the Nation risk sumer credit plan, and for other purposes; priate ceremonies, programs, and other ac- which was ordered to lie on the table. their own lives to protect the lives of others; tivities to commemorate October 30, 2009, as SA 1112. Mr. VITTER submitted an amend- Whereas since 1792, approximately 18,600 a national day of remembrance for past and ment intended to be proposed to amendment law enforcement officers were killed in the present workers in America’s nuclear weap- SA 1058 proposed by Mr. DODD (for himself line of duty in the United States, and 262 of ons program. and Mr. SHELBY) to the bill H.R. 627, supra; those officers served the people of Wash- Mr. ALEXANDER. Mr. President, ington State; which was ordered to lie on the table. today I am joining with Senator SA 1113. Mr. THUNE (for himself and Mr. Whereas in 2008, 133 law enforcement offi- JOHNSON) submitted an amendment intended cers were killed in the line of duty in the BUNNING and other senators to intro- to be proposed to amendment SA 1058 pro- United States; duce a resolution to declare a National posed by Mr. DODD (for himself and Mr. Whereas in 2008, Deputy Anne Marie Jack- Day of Remembrance in honor of the thousands of men and women that sup- SHELBY) to the bill H.R. 627, supra; which son of the Skagit County Sheriff’s Office, Of- was ordered to lie on the table. ficer Kristine Marie Fairbanks of the U.S. ported our nuclear efforts during the SA 1114. Mr. MARTINEZ submitted an Forest Service, and Sergeant Nelson Kai Ng Cold War. amendment intended to be proposed to of the Ellensburg Police Department gave The dedicated employees of the De- amendment SA 1058 proposed by Mr. DODD their lives in the service of the people of partment of Energy and its contractors (for himself and Mr. SHELBY) to the bill H.R. Washington State; were instrumental in our winning the 627, supra; which was ordered to lie on the Whereas the family members and friends of Cold War. These employees worked in table. Officer Fairbanks, Deputy Jackson, and Ser- laboratories and factories related to SA 1115. Mr. MENENDEZ submitted an geant Ng bear the most immediate and pro- nuclear weapons, under hazardous con- amendment intended to be proposed to found burden of the absence of their loved ditions that were sometimes not well amendment SA 1058 proposed by Mr. DODD ones; and (for himself and Mr. SHELBY) to the bill H.R. understood. They put their health and 627, supra; which was ordered to lie on the Whereas National Police Week is observed their lives in jeopardy in the service of from May 10 to May 16, 2009, and is the most table. their country, often without knowing SA 1116. Mr. MENENDEZ submitted an appropriate time to honor the Washington it. amendment intended to be proposed to State law enforcement officers who sac- Tennessee has more workers that amendment SA 1058 proposed by Mr. DODD rificed their lives in service to their State were made sick through their exposure (for himself and Mr. SHELBY) to the bill H.R. and Nation: Now, therefore, be it to nuclear weapon hazards than any 627, supra; which was ordered to lie on the Resolved, That the Senate— other state in the union. That is why table. (1) extends its condolences to the families SA 1117. Mr. LEVIN (for himself and Mrs. one of my priorities in the U.S. Senate MCCASKILL) submitted an amendment in- and loved ones of Officer Kristine Marie has been to help get our Cold War he- Fairbanks, Deputy Anne Marie Jackson, and tended to be proposed to amendment SA 1058 roes and their families the compensa- Sergeant Nelson Kai Ng; and proposed by Mr. DODD (for himself and Mr. (2) stands in solidarity with the people of tion they deserve—from a major over- SHELBY) to the bill H.R. 627, supra; which was ordered to lie on the table. Washington State as they celebrate the lives haul of the sick worker’s program in SA 1118. Mr. LEVIN submitted an amend- and mourn the loss of these remarkable and 2004, to legislation that introduced last ment intended to be proposed to amendment selfless heroes who represented the best of year to ensure that compensation for SA 1058 proposed by Mr. DODD (for himself the families of sick nuclear worker their community and whose memory will and Mr. SHELBY) to the bill H.R. 627, supra; serve as an inspiration for future genera- won’t be taken away in cases where which was ordered to lie on the table. tions. sick workers or their eligible survivors SA 1119. Mr. LEVIN (for himself, Mrs. die before their claims are processed. MCCASKILL, and Ms. COLLINS) submitted an

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 14, 2009 CONGRESSIONAL RECORD — SENATE S5531 amendment intended to be proposed to SEC. 503. RESPA AND TILA DISCLOSURE IM- lished on November 17, 2008, on pages 68204– amendment SA 1058 proposed by Mr. DODD PROVEMENT. 68288 of Volume 73 of the Federal Register (for himself and Mr. SHELBY) to the bill H.R. (a) COMPATIBLE DISCLOSURES.—Not later (Docket No. FR–5180–F–03; relating to ‘‘Real 627, supra; which was ordered to lie on the than 6 months after the date of enactment of Estate Settlement Procedures Act (RESPA): table. this Act, the Secretary of Housing and Urban Rule to Simplify and Improve the Process of SA 1120. Mrs. BOXER submitted an amend- Development (in this section referred to as Obtaining Mortgages and Reduce Consumer ment intended to be proposed to amendment the ‘‘Secretary’’) and the Board shall jointly Settlement Costs’’). issue for public comment proposed regula- SA 1058 proposed by Mr. DODD (for himself (d) IMPLEMENTATION.—The regulations re- tions providing for compatible disclosures to and Mr. SHELBY) to the bill H.R. 627, supra; quired under subsection (a) shall take effect, be made to borrowers to at the time of a which was ordered to lie on the table. and shall provide an implementation date for mortgage application and at the time of SA 1121. Mr. DURBIN (for himself and Mr. the new disclosures required under such reg- BOND) submitted an amendment intended to closing of a mortgage. (b) REQUIREMENTS.—Such disclosures ulations, not later than 12 months after the be proposed to amendment SA 1058 proposed shall— date of enactment of this Act. by Mr. DODD (for himself and Mr. SHELBY) to (1) provide clear and concise information (e) FAILURE TO ISSUE COMPATIBLE DISCLO- the bill H.R. 627, supra; which was ordered to to borrowers on the terms and costs of resi- SURES.— lie on the table. dential mortgage transactions and mortgage (1) REPORT TO CONGRESS.—If the Secretary SA 1122. Mr. CRAPO submitted an amend- transactions covered by the Truth in Lend- and the Board cannot agree on compatible ment intended to be proposed to amendment ing Act (12 U.S.C. 1601 et seq.) and the Real disclosures pursuant to subsections (a) and SA 1058 proposed by Mr. DODD (for himself Estate Settlement Procedures Act of 1974 (12 (b), the Secretary and the Board shall submit and Mr. SHELBY) to the bill H.R. 627, supra; U.S.C. 2601 et seq.); a report to the Congress, after the 6-month which was ordered to lie on the table. (2) satisfy the requirements of section 128 period referred to in subsection (a), explain- SA 1123. Mr. BURR submitted an amend- of the Truth in Lending Act (12 U.S.C. 1638) ing the reasons for such disagreement. ment intended to be proposed to amendment and sections 4 and 5 of the Real Estate Set- (2) SEPARATE PROPOSED REGULATIONS.— SA 1058 proposed by Mr. DODD (for himself tlement Procedures Act of 1974 (12 U.S.C. 2603 (A) ISSUANCE OF PROPOSED REGULATIONS.— and Mr. SHELBY) to the bill H.R. 627, supra; and 2604); After the 15-day period beginning on the date which was ordered to lie on the table. of submission of a report under paragraph SA 1124. Mrs. LINCOLN (for herself and Mr. (3) include early disclosures under the Truth in Lending Act, the good faith esti- (1), the Secretary and the Board may sepa- PRYOR) submitted an amendment intended to rately issue for public comment regulations, be proposed to amendment SA 1058 proposed mate disclosures under the Real Estate Set- tlement Procedures Act of 1974, and final dis- as required by this section, providing for dis- by Mr. DODD (for himself and Mr. SHELBY) to closures under the Real Estate Settlement the bill H.R. 627, supra; which was ordered to closures under the Truth in Lending Act and Procedures Act of 1974 (12 U.S.C. 2601 et seq.) lie on the table. the uniform settlement statement disclo- and the Truth in Lending Act (12 U.S.C. 1601 SA 1125. Mr. DORGAN submitted an sures under the Real Estate Settlement Pro- et seq.), respectively. amendment intended to be proposed to cedures Act of 1974, and provide for standard- (B) EFFECTIVE DATE OF FINAL amendment SA 1058 proposed by Mr. DODD ization to the greatest extent possible among REGULATIOSN.—Any final disclosures as a re- (for himself and Mr. SHELBY) to the bill H.R. such disclosures, from mortgage origination sult of such regulations issued by the Sec- 627, supra; which was ordered to lie on the through the mortgage settlement; and retary and the Board shall take effect on the table. (4) include, with respect to a residential SA 1126. Mrs. LINCOLN (for herself and Mr. home mortgage loan, a written statement same date, and in no case shall such regula- tions take effect later than 12 months after PRYOR) submitted an amendment intended to of— be proposed to amendment SA 1107 sub- (A) the principal amount of the loan; the date of enactment of this Act. (C) FAILURE TO ACT.—If either the Sec- mitted by Ms. COLLINS (for herself, Mr. (B) the term of the loan; retary or the Board fails to act as required LIEBERMAN, and Mr. BURRIS) to the amend- (C) whether the loan has a fixed rate of in- by this paragraph during such 12-month pe- ment SA 1058 proposed by Mr. DODD (for him- terest or an adjustable rate of interest; riod, the other agency may act independ- self and Mr. SHELBY) to the bill H.R. 627, (D) the annual percentage rate of interest supra. under the loan as of the time of the disclo- ently to implement final regulations. SA 1127. Ms. SNOWE (for herself and Ms. sure; (f) STANDARDIZED DISCLOSURE FORMS.— LANDRIEU) submitted an amendment in- (E) if the rate of interest under the loan (1) IN GENERAL.—Any regulation proposed tended to be proposed by her to the bill H.R. can adjust after the disclosure, for each such or issued pursuant to the requirements of 627, supra; which was ordered to lie on the possible adjustment— this section shall include model disclosure table. (i) when such adjustment will or may forms. SA 1128. Mr. MCCONNELL (for himself and occur; and (2) OPTION FOR MANDATORY USE.—In issuing Mr. REID) proposed an amendment to the bill (ii) the maximum annual percentage rate proposed regulations under subsection (a), S. 386, to improve enforcement of mortgage of interest to which it can be adjusted; the Secretary and the Board shall include fraud, securities and commodities fraud, fi- (F) the total monthly payment under the regulations for the mandatory use of stand- nancial institution fraud, and other frauds loan (including loan principal and interest, ardized disclosure forms if the Secretary and related to Federal assistance and relief pro- property taxes, and insurance) at the time of the Board jointly determine that such forms grams, for the recovery of funds lost to these the disclosure; would substantially benefit consumers. frauds, and for other purposes. (G) the maximum total estimated monthly SA 1129. Mrs. MURRAY submitted an maximum payment pursuant to each pos- SA 1112. Mr. VITTER submitted an amendment intended to be proposed to sible adjustment described in subparagraph amendment intended to be proposed to amendment SA 1106 submitted by Mrs. MUR- (E); amendment SA 1058 proposed by Mr. RAY and intended to be proposed to the (H) the total settlement charges in connec- DODD (for himself and Mr. SHELBY) to amendment SA 1058 proposed by Mr. DODD tion with the loan and the amount of any (for himself and Mr. SHELBY) to the bill H.R. down payment or cash required at settle- the bill H.R. 627, to amend the Truth in 627, to amend the Truth in Lending Act to ment; and Lending Act to establish fair and establish fair and transparent practices re- (I) whether the loan has a prepayment pen- transparent practices relating to the lating to the extension of credit under an alty or balloon payment and the terms, tim- extension of credit under an open end open end consumer credit plan, and for other ing, and amount of any such penalty or pay- consumer credit plan, and for other purposes; which was ordered to lie on the ment. purposes; which was ordered to lie on table. (c) SUSPENSION OF 2008 RESPA RULE.— (1) REQUIREMENT.—The Secretary shall, the table; as follows: f during the period beginning on the date of On page 47, strike lines 10 and 11 and insert TEXT OF AMENDMENTS enactment of this Act and ending on the date the following: on which proposed regulations are issued ‘‘(6) the use of risk-based pricing; SA 1111. Mr. VITTER submitted an pursuant to subsection (a), suspend imple- ‘‘(7) credit card product innovation; amendment intended to be proposed to mentation of any provision of the final rule ‘‘(8) higher annual percentage rates of in- amendment SA 1058 proposed by Mr. referred to in paragraph (2) that would estab- terest, on average, for users than the average DODD (for himself and Mr. SHELBY) to lish and implement a new standardized good of such rates of interest in effect before the the bill H.R. 627, to amend the Truth in faith estimate and a new standardized uni- effective date of this Act and the amend- Lending Act to establish fair and form settlement statement. Any such provi- ments made by this Act; transparent practices relating to the sion shall be replaced by the regulations ‘‘(9) the imposition of annual fees or other extension of credit under an open end issued pursuant to subsections (a) and (b) on fees— the date on which such regulations are ‘‘(A) that did not exist before such effec- consumer credit plan, and for other issued. tive date; purposes; which was ordered to lie on (2) 2008 RULE.—The final rule referred to in ‘‘(B) at a higher average rate of applica- the table; as follows: this paragraph is the rule of the Department bility than existed before such effective date; At the end of title V, add the following: of Housing and Urban Development pub- or

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5532 CONGRESSIONAL RECORD — SENATE May 14, 2009 ‘‘(C) with higher average costs to the con- chooses to review for any activities that are to amendment SA 1058 proposed by Mr. sumer than were in effect before such effec- inconsistent with the purposes of this Act; DODD (for himself and Mr. SHELBY) to tive date; ‘‘(C) collect from all Federal agencies any the bill H.R. 627, to amend the Truth in ‘‘(10) any increase in the rate of denial of— regulatory filings, data generated by the use Lending Act to establish fair and ‘‘(A) new credit accounts for consumers; or of internal models, financial models, and ‘‘(B) new extensions of credit or additional analytics associated with the financial as- transparent practices relating to the lines of credit for credit accounts established sistance received under this title on no less extension of credit under an open end before such effective date; and than a daily basis to help enable the Sec- consumer credit plan, and for other ‘‘(11) any other adverse or negative condi- retary to determine the effectiveness of the purposes; which was ordered to lie on tion or effect on consumers.’’. Troubled Asset Relief Program in stimu- the table; as follows: lating prudent lending and strengthening At the end of title I, add the following: SA 1113. Mr. THUNE (for himself and bank capital; SEC. 109. FIRM OFFER OF CREDIT. Mr. JOHNSON) submitted an amendment ‘‘(D) if the Secretary determines that the Section 603(l) of the Fair Credit Reporting intended to be proposed to amendment goals of this title are not being met, work with the Federal agencies supplying the in- Act (15 U.S.C. 1681a(l)) is amended to read as SA 1058 proposed by Mr. DODD (for him- formation to have them provide the recipi- follows: self and Mr. SHELBY) to the bill H.R. ents with recommendations for better meet- ‘‘(l) FIRM OFFER OF CREDIT.— 627, to amend the Truth in Lending Act ing the goals of this title; and ‘‘(1) DEFINITION.—The term ‘firm offer of to establish fair and transparent prac- ‘‘(E) if the Secretary determines that the credit’ means any offer of credit to a con- tices relating to the extension of credit goals of this title are not met following such sumer that specifies all material terms, and under an open end consumer credit recommendations, adjust the future uses of will be honored if the consumer is deter- assistance available under this title. mined to meet the specific criteria used to plan, and for other purposes; which was select the consumer for the offer, based on ordered to lie on the table; as follows: ‘‘(2) DATABASE AS REPOSITORY.—To the ex- tent practicable, all information that is re- information in a consumer report on the con- On page 19, line 10, strike ‘‘Section 127’’ quired to be reported under this title by in- sumer. and insert the following: stitutions receiving financial assistance or ‘‘(2) REQUIRED DISCLOSURES IN OFFERS OF ‘‘(a) REPORT ON IMPACT; EFFECTIVE DATE.— procurement contracts under this title shall CREDIT.—In the case of a firm offer of credit, ‘‘(1) REPORT BY THE BOARD.—Not later than be included by the Secretary in the database the offer shall set forth the specific annual December 1, 2009, the Board shall provide an established pursuant to paragraph (1)(A). percentage rate, fees, and amount of credit economic report to Congress detailing the ‘‘(3) PROCEDURES AND REGULATIONS.—The or credit limit applicable to the offer. impact of section 127(n) of the Truth in Secretary shall, in consultation with the ap- ‘‘(3) ACCEPTABLE CONDITIONS.—A firm offer Lending Act, as added by this section, on propriate Federal banking agencies, define of credit to a consumer may be further con- consumer access to credit. and manage the procedures and regulations ditioned on— ‘‘(2) EFFECTIVE DATE.—Notwithstanding needed for carrying out this subsection.’’. ‘‘(A) verification that the consumer con- section 3 or any other provision of this Act, (b) EFFECTIVE DATE.—The amendment tinues to meet the specific criteria used to unless the Board certifies in writing to Con- made by this section shall take effect 60 days select the consumer for the offer, by using gress that the economic report required by after the date of enactment of this Act. information in a consumer report on the con- this subsection shows no potential for a ma- sumer, information in the application of the terial reduction in consumer access to cred- SA 1115. Mr. MENENDEZ submitted consumer for the credit, or other informa- it, or if the Board fails to timely issue the an amendment intended to be proposed tion bearing on the credit worthiness of the economic report required by this subsection, to amendment SA 1058 proposed by Mr. consumer; section 127(n) of the Truth in Lending Act, as DODD (for himself and Mr. SHELBY) to ‘‘(B) the consumer furnishing any collat- added by this section, shall become effective the bill H.R. 627, to amend the Truth in eral that is a requirement for the extension 2 years after the date of enactment of this of the credit that was— Act. The effective date provided in section 3 Lending Act to establish fair and transparent practices relating to the ‘‘(i) established before selection of the con- shall apply to such section 127(n) if the sumer for the offer of credit; and Board certifies that the report shows no po- extension of credit under an open end ‘‘(ii) disclosed to the consumer in the offer tential reduction in consumer access to cred- consumer credit plan, and for other of credit; or it. purposes; which was ordered to lie on ‘‘(C) any combination of the criteria in ‘‘(b) AMENDMENT TO TILA.—Section 127’’. the table; as follows: subparagraphs (A) and (B).’’. Beginning on page 34, line 12, strike all SA 1114. Mr. MARTINEZ submitted through page 35, line 24, and insert the fol- SA 1117. Mr. LEVIN (for himself and an amendment intended to be proposed lowing: Mrs. MCCASKILL) submitted an amend- to amendment SA 1058 proposed by Mr. SEC. 301. EXTENSIONS OF CREDIT TO CON- ment intended to be proposed to DODD (for himself and Mr. SHELBY) to SUMERS. amendment SA 1058 proposed by Mr. the bill H.R. 627, to amend the Truth in Section 127(c) of the Truth in Lending Act (15 U.S.C. 1637(c)) is amended by adding at DODD (for himself and Mr. SHELBY) to Lending Act to establish fair and the bill H.R. 627, to amend the Truth in transparent practices relating to the the end the following: ‘‘(8) VERIFICATION OF ABILITY TO PAY.— Lending Act to establish fair and extension of credit under an open end ‘‘(A) PROHIBITION ON ISSUANCE.—No credit transparent practices relating to the consumer credit plan, and for other card may be issued to, or open end consumer extension of credit under an open end purposes; which was ordered to lie on credit plan established by or on behalf of, a consumer credit plan, and for other the table; as follows: consumer, unless the consumer has sub- purposes; which was ordered to lie on At the end of title V, add the following: mitted a written application to the card the table; as follows: issuer that meets the requirements of sub- SEC. 503. ADDITIONAL MONITORING AND AC- On page 15, strike lines 5 through 12, and COUNTABILITY FOR THE TROUBLED paragraph (B). ASSET RELIEF PROGRAM. ‘‘(B) APPLICATION REQUIREMENTS.—An ap- insert the following: (a) IN GENERAL.—Section 113 of the Emer- plication to open a credit card account by a ‘‘(a) IN GENERAL.— gency Economic Stabilization Act of 2008 (12 consumer shall require— ‘‘(1) The amount of any penalty fee or U.S.C. 5223) is amended by adding at the end ‘‘(i) the signature of a cosigner having a charge that a card issuer may impose with the following new subsection: means to repay debts incurred by the con- respect to a credit card account under an ‘‘(e) ADDITIONAL MONITORING AND ACCOUNT- sumer in connection with the account, indi- open end consumer credit plan in connection ABILITY.— cating joint liability for debts incurred by with any omission with respect to, or viola- ‘‘(1) IN GENERAL.—The Secretary shall— the consumer in connection with the ac- tion of, the cardholder agreement, including ‘‘(A) provide to the Special Inspector Gen- count; or any late payment fee, over the limit fee, or eral appointed under section 121, the Comp- ‘‘(ii) submission by the consumer of finan- any other penalty fee or charge, shall be rea- troller General of the United States, and the cial information, including through an appli- sonable and proportional to such omission or Congressional Oversight Panel established cation, indicating an independent means of violation. under section 125 ongoing, continuous, and repaying any obligation arising from the ‘‘(2) A fee amount shall not be treated as close to real-time updates of the status of proposed extension of credit in connection reasonable and proportional under paragraph the use of funds distributed under this title, with the account. (1) if such card issuer increases such fee amount by charging interest with respect to including with respect to procurement con- ‘‘(C) SAFE HARBOR.—The Board shall pro- tracts, through a standardized electronic mulgate regulations providing standards such fee amount.’’. database that combines all of the necessary that, if met, would satisfy the requirements information from existing public and private of subparagraph (B)(ii).’’. SA 1118. Mr. LEVIN submitted an sources; amendment intended to be proposed to ‘‘(B) compare the data in such database SA 1116. Mr. MENENDEZ submitted amendment SA 1058 proposed by Mr. with any other data that the Secretary an amendment intended to be proposed DODD (for himself and Mr. SHELBY) to

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 14, 2009 CONGRESSIONAL RECORD — SENATE S5533 the bill H.R. 627, to amend the Truth in ‘‘(A) a list of each type of transaction or would be prohibited if such increase took Lending Act to establish fair and event during the relevant semiannual period place after the effective date of this Act. transparent practices relating to the for which one or more card issuer has im- (2) CONTENTS OF REPORTS.—The reports re- extension of credit under an open end posed a separate interest rate upon a card- quired under paragraph (1)— holder, including purchases, cash advances, (A) shall include— consumer credit plan, and for other and balance transfers; (i) the number of cardholders affected by purposes; which was ordered to lie on ‘‘(B) for each type of transaction or event each such increase; the table; as follows: identified under subparagraph (A)— (ii) the categories of cardholders affected On page 15, strike lines 5 through 12, and ‘‘(i) each distinct interest rate charged by by each such increase; insert the following: the card issuer to a cardholder during the (iii) the size of each such increase; ‘‘(a) IN GENERAL.— semiannual period; and (iv) the reason for each such increase; and ‘‘(1) The amount of any penalty fee or ‘‘(ii) the number of cardholders to whom (v) a summary of the volume and nature of charge that a card issuer may impose with each such interest rate was applied during any complaints received from cardholders respect to a credit card account under an the last calendar month of the semiannual concerning interest rate increases that open end consumer credit plan in connection period, and the total amount of interest would be prohibited if such increases took with any omission with respect to, or viola- charged to such cardholders at each such place after the effective date of this Act; and tion of, the cardholder agreement, including rate during such month; (B) need not include information on indi- any late payment fee, over-the-limit fee, or ‘‘(C) a list of each type of fee that one or vidually negotiated changes to contractual any other penalty fee or charge, shall be rea- more card issuer has imposed upon a card- terms, such as individually modified work- sonable and proportional to such omission or holder during the relevant semiannual pe- outs or renegotiations of amounts owed by a violation. riod, including any fee imposed for obtaining consumer under an open end consumer credit ‘‘(2) An over-the-limit fee amount may be a cash advance, making a late payment, ex- plan. treated as reasonable and proportional under ceeding the credit limit on an account, mak- paragraph (1) only if the over-the-limit fee is (b) SUMMARY OF DATA ON COMPLAINTS.— ing a balance transfer, or exchanging United Each appropriate enforcement agency shall— imposed only once during a billing cycle States dollars for foreign currency; when, on the last day of such billing cycle, (1) summarize information on the volume ‘‘(D) for each type of fee identified under and nature of any complaints received by the credit limit on the account is exceeded, clause (C), the number of cardholders upon and only if the over-the-limit fee, with re- such agency from a consumer concerning in- whom the fee was imposed during each cal- terest rate increases that would be prohib- spect to such excess credit, may be imposed endar month of the relevant semiannual pe- only once in each of the 2 subsequent billing ited if such increases took place after the ef- riod, and the total amount of fees imposed fective date of this Act; and cycles unless the consumer has obtained an upon cardholders during such month; additional extension of credit in excess of (2) provide such summary to the Board for ‘‘(E) the total number of cardholders that purposes of subsection (d). such credit limit during any such subsequent incurred any interest charge or any fee dur- cycle or the consumer reduces the out- ing the relevant semiannual period; and (c) REPORTS AND DATA AVAILABLE TO PUB- standing balance below the credit limit as of ‘‘(F) any other information related to in- LIC.—Each appropriate enforcement agency the end of such billing cycle.’’. terest rates, fees, or other charges that the shall make the reports and data required Board deems of interest to conduct the re- under subsections (a) and (b) available to the SA 1119. Mr. LEVIN (for himself, view under this section or carry out section public. Mrs. MCCASKILL, and Ms. COLLINS) sub- 149 of the Truth in Lending Act, as amended (d) REPORTS TO CONGRESS.— mitted an amendment intended to be by this Act. (1) REPORTS REQUIRED.—The Board shall proposed to amendment SA 1058 pro- ‘‘(3) INCOME ANALYSIS.—To ensure an ade- submit to Congress periodic reports on prac- posed by Mr. DODD (for himself and Mr. quate review of the matters in subpara- tices of creditors that contain a compilation SHELBY) to the bill H.R. 627, to amend graphs (1)(A), (C), (D), (E), (F) and (G), the of the reports and data required under sub- the Truth in Lending Act to establish Board shall, on an annual basis, transmit to sections (a) and (b). Congress and make public a report con- fair and transparent practices relating (2) AGENCY COOPERATION.—Each appro- taining an assessment by the Board of the priate enforcement agency shall provide to the extension of credit under an approximate, relative percentage of income compilations of any reports it receives under open end consumer credit plan, and for derived by credit card operations of deposi- this section to the Board for purposes of this other purposes; which was ordered to tory institutions from— subsection. lie on the table; as follows: ‘‘(A) the imposition of interest rates on (3) TIMING OF REPORTS.—The Board shall On page 46, line 18, through page 47, line 11, cardholders, including separate estimates submit the reports required under paragraph strike the text and insert the following— for— (1) not later than 90 days after the date of en- ‘‘(a) REQUIRED REVIEW.— ‘‘(i) interest with an annual percentage actment of this Act, and every 90 days there- ‘‘(1) IN GENERAL.—Not later than 2 years rate of less than 25 percent, and after. ‘‘(ii) interest with an annual percentage after the effective date of this Act and every (e) EFFECTIVE DATE.—Notwithstanding sec- 2 years thereafter, except as provided in sub- rate equal to or greater than 25 percent; tion 3 of this Act, this section shall be effec- ‘‘(B) the imposition of fees on cardholders; section (c)(2), the Board shall conduct a re- tive during the period beginning on the date ‘‘(C) the imposition of fees on merchants; view of the consumer credit card market, in- of enactment of this Act and ending on the and cluding— effective date of this Act under section 3. ‘‘(A) the terms of credit card agreements ‘‘(D) any other material source of income, and the practices of credit card issuers; while specifying the nature of that income.’’. (f) DEFINITIONS.—In this section— ‘‘(B) the effectiveness of disclosures of (1) the term ‘‘appropriate enforcement terms, fees, and other expenses of credit card SA 1120. Mrs. BOXER submitted an agency’’ means, with respect to a card plans; amendment intended to be proposed to issuer, the agency responsible for adminis- ‘‘(C) the adequacy of protections against amendment SA 1058 proposed by Mr. trative enforcement relating to such card unfair or deceptive acts or practices relating issuer under section 108 of the Truth in to credit card plans; DODD (for himself and Mr. SHELBY) to Lending Act (15 U.S.C. 1607); and ‘‘(D) the cost and availability of credit, the bill H.R. 627, to amend the Truth in (2) the terms ‘‘cardholder’’, ‘‘card issuer’’, particularly with respect to non-prime bor- Lending Act to establish fair and ‘‘consumer’’, and ‘‘open end credit plan’’ rowers; transparent practices relating to the have the same meanings as section 103 of the ‘‘(E) the safety and soundness of credit extension of credit under an open end Truth in Lending Act (15 U.S.C. 1602). card issuers; consumer credit plan, and for other ‘‘(F) the use of risk-based pricing; and ‘‘(G) credit card product innovation; and purposes; which was ordered to lie on SA 1121. Mr. DURBIN (for himself ‘‘(2) CREDIT CARD DATA.—In conducting the the table; as follows: and Mr. BOND) submitted an amend- review under paragraph (1), the Board shall At the end of title V, add the following: ment intended to be proposed to consider information collected under section SEC. 503. REPORTS ON ISSUER PRACTICES DUR- amendment SA 1058 proposed by Mr. 136 of the Truth in Lending Act (15 U.S.C. ING THE INTERIM PERIOD BETWEEN DODD (for himself and Mr. SHELBY) to 1646); and to ensure an adequate review of THE DATE OF ENACTMENT AND THE the matters in subparagraphs (1)(A), (C), (D), EFFECTIVE DATE. the bill H.R. 627, to amend the Truth in (F), and (G), and to carry out section 149 of (a) REPORTS TO AGENCIES REQUIRED.— Lending Act to establish fair and the Truth in Lending Act on the reasonable- (1) IN GENERAL.—Not later than 45 days transparent practices relating to the ness and proportionality of credit card fees after the date of enactment of this Act, and extension of credit under an open end and charges, as amended by this Act, the every 45 days thereafter, each card issuer consumer credit plan, and for other Board shall require that the information col- shall submit to the appropriate enforcement purposes; which was ordered to lie on lected under section 136(b) of the Truth in agency a report containing data on any in- the table; as follows: Lending Act (15 U.S.C. 1646(b)) shall include crease in consumer interest rates by the card the following— issuer made on or after May 1, 2009 that At the end of title I, add the following:

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5534 CONGRESSIONAL RECORD — SENATE May 14, 2009 SEC. 109. CONSUMER DISCOUNTS; TRANS- allow such merchants to accept credit cards, a State has reason to believe that an interest PARENCY IN MERCHANT FEE INFOR- debit cards, or other payment cards or simi- of the residents of that State has been or is MATION. lar devices bearing any logo of the network threatened or adversely affected by the en- (a) IN GENERAL.—Section 167 of the Truth as payment for goods and services. gagement of any person subject to a rule pre- in Lending Act (15 U.S.C. 1666f) is amended ‘‘(ee) LICENSED MEMBER.—The term ‘li- scribed under subsection (a) in a practice to read as follows: censed member’, in connection with any that violates such rule, the State, as parens ‘‘SEC. 167. INDUCEMENTS TO CARD HOLDERS BY electronic payment system network, in- patriae, may bring a civil action on behalf of SELLERS OF DISCOUNTS FOR PAY- cludes— the residents of the State in an appropriate MENTS BY CASH, CHECK, OR DEBIT CARDS; FINANCE CHARGE FOR ‘‘(1) any creditor or credit card issuer that district court of the United States or other SALES TRANSACTIONS INVOLVING is authorized to issue credit cards or charge court of competent jurisdiction— DISCOUNTS. cards bearing any logo of the network; ‘‘(A) to enjoin that practice; ‘‘(a) CASH, CHECK, AND DEBIT DISCOUNTS.— ‘‘(2) any financial institution (as that term ‘‘(B) to enforce compliance with the rule; With respect to a credit card which may be is defined in section 903 of the Electronic ‘‘(C) to obtain damages, restitution, or used for extensions of credit in sales trans- Fund Transfer Act (15 U.S.C. 1693a)) that is other compensation on behalf of residents of actions in which the seller is a person other authorized to issue debit cards to consumers the State; or than the card issuer, the card issuer and any who maintain accounts at such financial in- ‘‘(D) to obtain penalties and relief provided other covered person may not, by contract, stitution; and by the Federal Trade Commission Act or the rule, or otherwise, prohibit any such seller ‘‘(3) any person, including any financial in- rule and such other relief as the court con- from offering a discount to a cardholder to stitution, that is authorized— siders appropriate.’’; and induce the cardholder to pay by cash, check, ‘‘(A) to screen and accept merchants into (3) by adding at the end of subsection (b) debit card, or similar payment device, rather any program under which any credit card, the following: than by use of a credit card. debit card, or other payment card or similar ‘‘(8) Paragraph (1) shall not be construed to ‘‘(b) FINANCE CHARGE.—With respect to any device bearing any logo of such network may authorize the attorney general of a State to sales transaction, any discount from the reg- be accepted by the merchant for payment for bring an action under this subsection against ular price offered by the seller for the pur- goods or services; an entity subject to enforcement by the Fed- pose of inducing payment by a means not in- ‘‘(B) to process transactions on behalf of eral Deposit Insurance Corporation, the volving the use of an open end credit plan or any such merchant for payment; and Comptroller of the Currency, the Board of credit card shall not constitute a finance ‘‘(C) to complete financial settlement of Governors of the Federal Reserve System, charge, as determined under section 106, if any such transaction on behalf of such mer- the Office of Thrift Supervision, or the Na- the seller— chant.’’. tional Credit Union Administration under ‘‘(1) offers the discount to all prospective section 108(a) of the Truth in Lending Act (15 buyers; and SA 1122. Mr. CRAPO submitted an U.S.C. 1607(a)), including an entity described ‘‘(2) discloses the availability of the dis- amendment intended to be proposed to in subsection (a)(4) of this section.’’. count to consumers clearly and conspicu- amendment SA 1058 proposed by Mr. (b) EFFECTIVE DATE.—The amendments ously. DODD (for himself and Mr. SHELBY) to made by subsection (a) shall take effect on ‘‘(c) DISCOUNT DISPLAY RESTRICTIONS.— March 12, 2009. With respect to a credit card which may be the bill H.R. 627, to amend the Truth in Lending Act to establish fair and used for extensions of credit in sales trans- SA 1123. Mr. BURR submitted an transparent practices relating to the actions in which the seller is a person other amendment intended to be proposed to than the card issuer, the card issuer or any extension of credit under an open end amendment SA 1058 proposed by Mr. other covered person may not, by contract, consumer credit plan, and for other DODD (for himself and Mr. SHELBY) to rule, or otherwise, restrict the discretion of purposes; which was ordered to lie on the bill H.R. 627, to amend the Truth in the seller as to how to display or advertise the table; as follows: the discounts offered by the seller. Lending Act to establish fair and ‘‘(d) DEFINITIONS.—For purposes of this sec- At the end of title V, add the following: transparent practices relating to the tion— SEC. 503. FEDERAL TRADE COMMISSION RULE- MAKING ON MORTGAGE LENDING. extension of credit under an open end ‘‘(1) the term ‘covered person’ means— consumer credit plan, and for other ‘‘(A) an electronic payment system net- (a) IN GENERAL.—Section 626 of division D work; of the Omnibus Appropriations Act, 2009 purposes; which was ordered to lie on ‘‘(B) a licensed member of an electronic (Public Law 111–8) is amended— the table; as follows: payment system network; and (1) in subsection (a)— At the end of title V, add the following: ‘‘(C) any other person that sets or imple- (A) by striking ‘‘Within’’ and inserting ‘‘(1) SEC. 503. DEFERRAL OF PAYMENTS AND INTER- ments the rules for the use of an electronic Within’’; and EST ON OBLIGATIONS INCURRED BY payment system network.’’. (B) by adding at the end the following: SERVICEMEMBERS BEFORE SERV- (b) DEFINITIONS.—Section 103 of the Truth ‘‘(2) Paragraph (1) shall not be construed to ICE IN A COMBAT ZONE. in Lending Act (15 U.S.C. 1602) is amended— authorize the Federal Trade Commission to (a) IN GENERAL.—Title II of the (1) in subsection (x), by striking ‘‘or simi- promulgate a rule with respect to an entity Servicemembers Civil Relief Act (50 U.S.C. lar means’’ and inserting ‘‘debit card or simi- that is not subject to enforcement of the App. 521 et seq.) is amended by adding at the lar payment device’’; and Federal Trade Commission Act (15 U.S.C. 41 end the following new section: (2) by adding at the end the following: et seq.) by the Commission. ‘‘SEC. 208. DEFERRAL OF PAYMENTS AND INTER- ‘‘(cc) DEBIT CARD.—The term ‘debit card’ ‘‘(3) The Federal Trade Commission shall EST ON OBLIGATIONS INCURRED BY means any general-purpose card or other de- enforce the rules promulgated pursuant to SERVICEMEMBERS BEFORE SERV- vice issued or approved for use by a financial paragraph (1) in the same manner, by the ICE IN A COMBAT ZONE. institution (as that term is defined in sec- same means, and with the same jurisdiction, ‘‘(a) IN GENERAL.—Payment on any obliga- tion 903 of the Electronic Fund Transfer Act powers, and duties as though all applicable tion or liability that is incurred by a service- (15 U.S.C. 1693a)) for use in debiting an ac- terms and provisions of the Federal Trade member, or the servicemember and the count for the purpose of the cardholder ob- Commission Act (15 U.S.C. 41 et seq.) were servicemember’s spouse jointly, before the taining goods or services, whether authoriza- incorporated into and made part of this sec- servicemember is ordered or assigned to tion is signature-based, PIN-based, or other- tion. military service in a combat zone shall, upon wise. ‘‘(4) An entity owned and controlled by a request of the servicemember in accordance ‘‘(dd) ELECTRONIC PAYMENT SYSTEM NET- depository institution and regulated by the with subsection (b), be deferred and shall not WORK.—The term ‘electronic payment sys- Federal Deposit Insurance Corporation, the accrue interest during the period the service- tem network’ means a network that pro- Comptroller of the Currency, the Board of member performs such military service in vides, through licensed members, processors, Governors of the Federal Reserve System, such combat zone, plus— or agents— the Office of Thrift Supervision, or the Na- ‘‘(1) in the case of a servicemember who is ‘‘(1) for the issuance of credit cards, debit tional Credit Union Administration shall not retired for disability incurred during such cards, or other payment cards or similar de- be subject to any rule prescribed under para- military service, until one year from the vices bearing any logo of the network; graph (1) if the entity is subject to a rule on date of such retirement; or ‘‘(2) the proprietary services and infra- the same subject matter prescribed by the ‘‘(2) in the case of any other servicemem- structure that route information and data to Board of Governors of the Federal Reserve ber, 90 days. facilitate transaction authorization, clear- System pursuant to section 105 or 129(l) of ‘‘(b) WRITTEN NOTICE TO CREDITOR.—In ance, and settlement that merchants must the Truth in Lending Act (15 U.S.C. 1604 and order for an obligation or liability of a serv- access in order to accept credit cards, debit 1639(l)).’’; icemember to be deferred in accordance with cards, or other payment cards or similar de- (2) by striking so much of subsection (b) as subsection (a), the servicemember shall pro- vices bearing any logo of the network as pay- precedes paragraph (2) and inserting the fol- vide the creditor written notice and a copy ment for goods and services; and lowing: of the military orders ordering or assigning ‘‘(3) for the screening and acceptance of ‘‘(b)(1) Except as provided in paragraph (6), the servicemember to military service in a merchants into the network in order to in any case in which the attorney general of combat zone not later than 30 days after the

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 14, 2009 CONGRESSIONAL RECORD — SENATE S5535 date of the servicemember’s order or assign- ‘‘(I) the issuance of exempt facility bonds (4) by adding at the end of subsection (b) ment to such military service. In the event for qualified residential rental property as the following: the servicemember’s military service in a set forth in section 142(d) of such Code; ‘‘(8) Paragraph (1) shall not be construed to combat zone is extended, the servicemember ‘‘(II) the issuance of low income housing authorize the attorney general of a State to shall provide the creditor written notice and tax credits as set forth in section 42 of such bring an action under this subsection against a copy of the military orders extending such Code, to facilitate the uniform accessibility an entity subject to supervision or regula- service not later than 30 days after the date of provisions of the American Recovery and tion by the Federal Deposit Insurance Cor- of the order extending such military service. Reinvestment Act of 2009; and poration, the Comptroller of the Currency, ‘‘(c) LIMITATION EFFECTIVE AS OF DATE OF ‘‘(III) the issuance of bonds and obligations the Federal Reserve Board, the Office of ORDERS.—Upon receipt of written notice and issued under that Act, to facilitate economic Thrift Supervision, the National Credit a copy of orders ordering or assigning a serv- development, higher education, and improve- Union Administration Board, or any other icemember to military service in a combat ments to infrastructure, and the issuance of Federal banking agency.’’. zone under subsection (b), the creditor shall bonds and obligations issued under any pro- (b) EFFECTIVE DATE.—The amendments treat the obligation or liability in accord- vision of law to further the same; and made by subsection (a) shall take effect on ance with subsection (a), effective as of the ‘‘(iv) to facilitate interstate commerce March 12, 2009. date on which the servicemember is called or generally, including consumer loans, in the assigned to such military service. case of any person or governmental entity SA 1126. Mrs. LINCOLN (for herself ‘‘(d) CREDITOR PROTECTION.—A court may (other than a depository institution subject and Mr. PRYOR) submitted an amend- grant a creditor relief from the limitations to subparagraph (A) and paragraph (2)).’’. ment intended to be proposed to of subsection (a) if, in the opinion of the (b) EFFECTIVE PERIOD.—The amendments amendment SA 1107 submitted by Ms. court, the ability of the servicemember to made by subsection (a) shall apply with re- COLLINS (for herself, Mr. LIEBERMAN, pay the obligation or liability is not materi- spect to contracts consummated during the and Mr. BURRIS) to the amendment SA ally affected by reason of the period beginning on the date of enactment of 1058 proposed by Mr. DODD (for himself servicemember’s military service in a com- this Act and ending on December 31, 2010. bat zone. and Mr. SHELBY) to the bill H.R. 627, to ‘‘(e) DEFINITIONS.—In this section: SA 1125. Mr. DORGAN submitted an amend the Truth in Lending Act to es- ‘‘(1) The term ‘interest’ includes service amendment intended to be proposed to tablish fair and transparent practices charges, renewal charges, fees, or any other amendment SA 1058 proposed by Mr. relating to the extension of credit charges (other than bona fide insurance) DODD (for himself and Mr. SHELBY) to under an open end consumer credit with respect to an obligation or liability. plan, and for other purposes; as follows: ‘‘(2) The term ‘combat zone’ means a com- the bill H.R. 627, to amend the Truth in bat zone for purposes of section 112 of the In- Lending Act to establish fair and At the end of the amendment, add the fol- ternal Revenue Code of 1986.’’. transparent practices relating to the lowing: (b) CLERICAL AMENDMENT.—The table of extension of credit under an open end SEC. 504. EXTENSION OF LIMITATIONS. contents in section 1(b) of such Act is (a) IN GENERAL.—Section 44(f)(1) of the consumer credit plan, and for other Federal Deposit Insurance Act (12 U.S.C. amended by inserting after the item relating purposes; which was ordered to lie on to section 207 the following new item: 1831u(f)(1)) is amended— the table; as follows: ‘‘Sec. 208. Deferral of payments and interest (1) in subparagraph (B), by striking the pe- on obligations incurred by At the appropriate place, and the fol- riod at the end and inserting ‘‘; and’’; servicemembers before service lowing: (2) by redesignating subparagraphs (A) and in a combat zone.’’. SEC. ———. FEDERAL TRADE COMMISSION RULE- (B) as clauses (i) and (ii), respectively; MAKING ON MORTGAGE LENDING. (3) by striking ‘‘equal to not more than the SA 1124. Mrs. LINCOLN (for herself (a) IN GENERAL.—Section 626 of Division D greater of—’’ and inserting the following: ‘‘equal to— and Mr. PRYOR) submitted an amend- of the Omnibus Appropriations Act, 2009 ment intended to be proposed to (Public Law 111–8) is amended— ‘‘(A) not more than the greater of—’’; and (1) by inserting ‘‘(1) in subsection (a) before (4) by adding at the end the following: amendment SA 1058 proposed by Mr. ‘‘Within’’; ‘‘(B) the State’s maximum lawful annual DODD (for himself and Mr. SHELBY) to (2) by inserting after paragraph (1) of sub- percentage rate or 17 percent, to facilitate the bill H.R. 627, to amend the Truth in section (a) (as designated by paragraph (1)), the uniform implementation of federally Lending Act to establish fair and the following: mandated or federally established programs transparent practices relating to the ‘‘(2) Paragraph (1) shall not be construed to and financings related thereto, including— extension of credit under an open end authorize the Federal Trade Commission to ‘‘(i) uniform accessibility of student loans, consumer credit plan, and for other promulgate a rule with respect to an entity including the issuance of qualified student that is not subject to enforcement of the purposes; which was ordered to lie on loan bonds as set forth in section 144(b) of Federal Trade Commission Act (15 U.S.C.41 the Internal Revenue Code of 1986; the table; as follows: et seq.) by the Commission. ‘‘(ii) the uniform accessibility of mortgage At the end of title V, add the following: ‘‘(3) The Federal Trade Commission shall loans, including the issuance of qualified SEC. 503. EXTENSION OF LIMITATIONS. enforce the provisions of this section in the mortgage bonds and qualified veterans’ (a) IN GENERAL.—Section 44(f)(1) of the same manner, by the same means, and with mortgage bonds as set forth in section 143 of Federal Deposit Insurance Act (12 U.S.C. the same jurisdiction, powers, and duties as such Code; 1831u(f)(1)) is amended— though all applicable terms and provisions of ‘‘(iii) the uniform accessibility of safe and (1) in subparagraph (B), by striking the pe- the Federal Trade Commission Act (15 U.S.C. affordable housing programs administered or riod at the end and inserting ‘‘; and’’; 41 et seq.) were incorporated into and made subject to review by the Department of (2) by redesignating subparagraphs (A) and part of this section.’’; Housing and Urban Development, including— (B) as clauses (i) and (ii), respectively; (3) by striking so much of subsection (b) as ‘‘(I) the issuance of exempt facility bonds (3) by striking ‘‘equal to not more than the precedes paragraph (2) and inserting the fol- for qualified residential rental property as greater of—’’ and inserting the following: lowing: set forth in section 142(d) of such Code; ‘‘equal to— ‘‘(b)(1) Except as provided in paragraph (6), ‘‘(II) the issuance of low income housing ‘‘(A) not more than the greater of—’’; and in any case in which the attorney general of tax credits as set forth in section 42 of such (4) by adding at the end the following: a State has reason to believe that an interest Code, to facilitate the uniform accessibility ‘‘(B) the State’s maximum lawful annual of the residents of that State has been or is of provisions of the American Recovery and percentage rate or 17 percent, to facilitate threatened or adversely affected by the en- Reinvestment Act of 2009; and the uniform implementation of federally gagement of any person subject to a rule pre- ‘‘(III) the issuance of bonds and obligations mandated or federally established programs scribed under subsection (a) in a practice issued under that Act, to facilitate economic and financings related thereto, including— that violates such rule, the State, as parens development, higher education, and improve- ‘‘(i) uniform accessibility of student loans, patriae, may bring a civil action on behalf of ments to infrastructure, and the issuance of including the issuance of qualified student the residents of the State in an appropriate bonds and obligations issued under any pro- loan bonds as set forth in section 144(b) of district court of the United States or other vision of law to further the same; and the Internal Revenue Code of 1986; court of competent jurisdiction— ‘‘(iv) to facilitate interstate commerce ‘‘(ii) the uniform accessibility of mortgage ‘‘(A) to enjoin that practice; generally, including consumer loans, in the loans, including the issuance of qualified ‘‘(B) to enforce compliance with the rule; case of any person or governmental entity mortgage bonds and qualified veterans’ ‘‘(C) to obtain damages, restitution, or (other than a depository institution subject mortgage bonds as set forth in section 143 of other compensation on behalf of residents of to subparagraph (A) and paragraph (2)).’’. such Code; the State; or (b) EFFECTIVE PERIOD.—The amendments ‘‘(iii) the uniform accessibility of safe and ‘‘(D) to obtain penalties and relief provided made by subsection (a) shall apply with re- affordable housing programs administered or by the Federal Trade Commission Act or the spect to contracts consummated during the subject to review by the Department of rule and such other relief as the court con- period beginning on the date of enactment of Housing and Urban Development, including— siders appropriate.’’; and this Act and ending on December 31, 2010.

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5536 CONGRESSIONAL RECORD — SENATE May 14, 2009 SA 1127. Ms. SNOWE (for herself and the needs identified under subsection (3) LOCATION.—The Administrator shall Ms. LANDRIEU) submitted an amend- (c)(1)(A) and the programs and services iden- designate, and make available to the task ment intended to be proposed by her to tified under subsection (c)(1)(B). As part of force, a location at a facility under the con- the recommendations, the task force shall trol of the Administrator for use by the task the bill H.R. 627, to amend the Truth in identify the Internet sites of appropriate force for its meetings. Lending Act to establish fair and programs, services, and organizations, both (4) MINUTES.— transparent practices relating to the public and private, to which the Internet (A) IN GENERAL.—Not later than 30 days extension of credit under an open end website should link. after the date of each meeting, the task force consumer credit plan, and for other (e) EDUCATION PROGRAMS.—The task force shall publish the minutes of the meeting in purposes; which was ordered to lie on shall make recommendations to the Admin- the Federal Register and shall submit to Ad- istrator relating to developing additional the table; as follows: ministrator any findings or recommenda- education materials and programs with re- tions approved at the meeting. At the appropriate place, insert the fol- spect to the needs identified under sub- (B) SUBMISSION TO CONGRESS.—Not later lowing: section (c)(1)(A). than 60 days after the date that the Adminis- SEC. lll. SMALL BUSINESS INFORMATION SE- (f) EXISTING MATERIALS.—The task force trator receives minutes under subparagraph CURITY TASK FORCE. shall organize and distribute existing mate- (A), the Administrator shall submit to the (a) DEFINITIONS.—In this section— rials that inform and educate with respect to Committee on Small Business and Entrepre- (1) the terms ‘‘Administration’’ and ‘‘Ad- the needs identified under subsection neurship of the Senate and the Committee ministrator’’ mean the Small Business Ad- (c)(1)(A) and the programs and services iden- on Small Business of the House of Represent- ministration and the Administrator thereof, tified under subsection (c)(1)(B). atives such minutes, together with any com- respectively; (g) COORDINATION WITH PUBLIC AND PRIVATE ments the Administrator considers appro- (2) the term ‘‘small business concern’’ has SECTOR.—In carrying out its responsibilities priate. the same meaning as in section 3 of the under this section, the task force shall co- (5) FINDINGS.— Small Business Act (15 U.S.C. 632); and ordinate with, and may accept materials and (A) IN GENERAL.—Not later than the date (3) the term ‘‘task force’’ means the task assistance as it determines appropriate from, public and private entities, including— on which the task force terminates under force established under subsection (b). subsection (m), the task force shall submit (b) ESTABLISHMENT.—The Administrator (1) any subordinate officer of the Adminis- to the Administrator a final report on any shall, in conjunction with the Department of trator; findings and recommendations of the task Homeland Security, establish a task force, to (2) any organization authorized by the force approved at a meeting of the task be known as the Small Business Information Small Business Act to provide assistance and force. Security Task Force, to address the informa- advice to small business concerns; (B) SUBMISSION TO CONGRESS.—Not later tion technology security needs of small busi- (3) other Federal agencies, their officers, or than 90 days after the date on which the Ad- ness concerns and to help small business con- employees; and ministrator receives the report under sub- cerns prevent the loss of credit card data. (4) any other organization, entity, or per- paragraph (A), the Administrator shall sub- (c) DUTIES.—The task force shall— son not described in paragraph (1), (2), or (3). (1) identify— (h) APPOINTMENT OF MEMBERS.— mit to the Committee on Small Business and (A) the information technology security (1) CHAIRPERSON AND VICE-CHAIRPERSON.— Entrepreneurship of the Senate and the Com- needs of small business concerns; and The task force shall have— mittee on Small Business of the House of (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 (B) a Vice-Chairperson, appointed by the ments, and nongovernment organizations with any comments the Administrator con- Administrator, in consultation with appro- that serve those needs; siders appropriate. priate nongovernmental organizations, enti- (j) PERSONNEL MATTERS.— (2) assess the extent to which the programs ties, or persons. (1) COMPENSATION OF MEMBERS.—Each and services identified under paragraph (2) MEMBERS.— member of the task force shall serve without (1)(B) serve the needs identified under para- (A) CHAIRPERSON AND VICE-CHAIRPERSON.— pay for their service on the task force. graph (1)(A); The Chairperson and the Vice-Chairperson (2) TRAVEL EXPENSES.—Each member of the (3) make recommendations to the Adminis- shall serve as members of the task force. task force shall receive travel expenses, in- trator on how to more effectively serve the (B) ADDITIONAL MEMBERS.— cluding per diem in lieu of subsistence, in ac- needs identified under paragraph (1)(A) (i) IN GENERAL.—The task force shall have cordance with applicable provisions under through— additional members, each of whom shall be subchapter I of chapter 57 of title 5, United (A) programs and services identified under appointed by the Chairperson, with the ap- States Code. paragraph (1)(B); and proval of the Administrator. (3) DETAIL OF SBA EMPLOYEES.—The Admin- (B) new programs and services promoted by (ii) NUMBER OF MEMBERS.—The number of istrator may detail, without reimbursement, the task force; additional members shall be determined by any of the personnel of the Administration (4) make recommendations on how the Ad- the Chairperson, in consultation with the to the task force to assist it in carrying out ministrator may promote— Administrator, except that— the duties of the task force. Such a detail (A) new programs and services that the (I) the additional members shall include, shall be without interruption or loss of civil task force recommends under paragraph for each of the groups specified in paragraph status or privilege. (3)(B); and (3), at least 1 member appointed from within (4) SBA SUPPORT OF THE TASK FORCE.—Upon (B) programs and services identified under that group; and the request of the task force, the Adminis- paragraph (1)(B); (II) the number of additional members trator shall provide to the task force the ad- (5) make recommendations on how the Ad- shall not exceed 13. ministrative support services that the Ad- ministrator may inform and educate with re- (3) GROUPS REPRESENTED.—The groups ministrator and the Chairperson jointly de- spect to— specified in this paragraph are— termine to be necessary for the task force to (A) the needs identified under paragraph (A) subject matter experts; carry out its duties. (1)(A); (B) users of information technologies with- (k) NOT SUBJECT TO FEDERAL ADVISORY (B) new programs and services that the in small business concerns; COMMITTEE ACT.—The Federal Advisory task force recommends under paragraph (C) vendors of information technologies to Committee Act (5 U.S.C. App.) shall not (3)(B); and small business concerns; apply to the task force. (C) programs and services identified under (D) academics with expertise in the use of (l) STARTUP DEADLINES.—The initial ap- paragraph (1)(B); information technologies to support busi- pointment of the members of the task force (6) make recommendations on how the Ad- ness; shall be completed not later than 90 days ministrator may more effectively work with (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 (G) information technology training pro- (m) TERMINATION.— of a permanent advisory board that would viders with expertise in the use of informa- (1) IN GENERAL.—Except as provided in make recommendations to the Adminis- tion technologies to support business. paragraph (2), the task force shall terminate trator on how to address the information (4) POLITICAL AFFILIATION.—The appoint- at the end of fiscal year 2013. technology security needs of small business ments under this subsection shall be made (2) EXCEPTION.—If, as of the termination concerns. without regard to political affiliation. date under paragraph (1), the task force has (d) INTERNET WEBSITE RECOMMENDATIONS.— (i) MEETINGS.— not complied with subsection (i)(4) with re- The task force shall make recommendations (1) FREQUENCY.—The task force shall meet spect to 1 or more meetings, then the task 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 (2) QUORUM.—A majority of the members of pliance with subsection (i)(4) with respect to information and resources with respect to the task force shall constitute a quorum. those meetings.

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 14, 2009 CONGRESSIONAL RECORD — SENATE S5537 (n) AUTHORIZATION OF APPROPRIATIONS.— mation of the Senate and the public COMMITTEE ON HEALTH, EDUCATION, LABOR, There is authorized to be appropriated to that a business meeting has been AND PENSIONS carry out this section $300,000 for each of fis- scheduled before Committee on Energy Mr. DODD. Mr. President, I ask unan- cal years 2010 through 2013. and Natural Resources. The business imous consent that the Committee on SA 1128. Mr. MCCONNELL (for him- meeting will be held on Tuesday, May Health, Education, Labor, and Pen- self and Mr. REID) proposed an amend- 19, 2009 at 2:15 p.m., in room SD–366 of sions be authorized to meet, during the ment to the bill S. 386, to improve en- the Dirksen Senate Office Building. session of the Senate, to conduct a forcement of mortgage fraud, securi- The purpose of the business meeting hearing entitled ‘‘Delivery Reform: The ties and commodities fraud, financial is to consider pending energy legisla- Roles of Primary and Specialty Care in institution fraud, and other frauds re- tion. Innovative New Delivery Methods’’ on lated to Federal assistance and relief For further information, please con- Thursday, May 14, 2009. The hearing programs, for the recovery of funds lost tact Sam Fowler at (202) 224–7571 or will commence at 10 a.m. in room 430 of to these frauds, and for other purposes; Amanda Kelly at (202) 224–6836. the Dirksen Senate office building. The PRESIDING OFFICER. Without as follows: f On 31, line 13, after ‘‘the Commission’’ in- objection, it is so ordered. sert ‘‘, including an affirmative vote of at AUTHORITY FOR COMMITTEES TO COMMITTEE ON INDIAN AFFAIRS least one member appointed under subpara- MEET Mr. DODD. Mr. President, I ask unan- graph (C) or (D) of subsection (b)(1)’’. imous consent that the Committee on COMMITTEE ON ARMED SERVICES Indian Affairs be authorized to meet SA 1129. Mrs. MURRAY submitted an Mr. DODD. Mr. President, I ask unan- during the session of the Senate on amendment intended to be proposed to imous consent that the Committee on Thursday, May 14, 2009, at 10:30 a.m. in amendment SA 1106 submitted by Mrs. Armed Services be authorized to meet room 628 of the Dirksen Senate office MURRAY and intended to be proposed to during the session of the Senate on building. the amendment SA 1058 proposed by Thursday, May 14, 2009, at 9:30 a.m. The PRESIDING OFFICER. Without Mr. DODD (for himself and Mr. SHELBY) The PRESIDING OFFICER. Without objection, it is so ordered. to the bill H.R. 627, to amend the Truth objection, it is so ordered. SELECT COMMITTEE ON INTELLIGENCE in Lending Act to establish fair and COMMITTEE ON ENVIRONMENT AND PUBLIC transparent practices relating to the WORKS Mr. DODD. Mr. President, I ask unan- extension of credit under an open end Mr. DODD. Mr. President, I ask unan- imous consent that the Select Com- consumer credit plan, and for other imous consent that the Committee on mittee on Intelligence be authorized to purposes; which was ordered to lie on Environment and Public Works be au- meet during the session of the Senate the table; as follows: thorized to meet during the session of on May 14, 2009, at 2:30 p.m. In lieu of the matter proposed to be in- the Senate to conduct a business meet- The PRESIDING OFFICER. Without serted, insert the following: ing on Thursday, May 14, 2009 at 10 a.m. objection, it is so ordered. SEC. 503. FINANCIAL AND ECONOMIC LITERACY. in room 406 of the Dirksen Senate Of- f (a) IN GENERAL.—Not later than 180 days fice Building. after the date of enactment of this Act, the PRIVILEGES OF THE FLOOR Financial Literacy and Education Commis- The PRESIDING OFFICER. Without objection, it is so ordered. Mrs. FEINSTEIN. Madam President, sion shall— I ask unanimous consent that the (1) evaluate and compile a comprehensive COMMITTEE ON ENERGY AND NATURAL summary of all existing Federal financial RESOURCES privileges of the floor be granted to Gil and economic literacy education programs, Mr. DODD. Mr. President, I ask unan- Duran of my staff for the length of my as of the time of the report; and imous consent that the Committee on presentation. (2) prepare and submit a report to Congress Energy and Natural Resources be au- The ACTING PRESIDENT pro tem- that includes— thorized to meet during the session of pore. Without objection, it is so or- (A) the findings of the evaluations and the dered. effectiveness of Federal financial and eco- the Senate to conduct a hearing on Thursday, May 14, 2009, at 2:30 p.m., in Mr. DODD. Mr. President, I ask unan- nomic literacy education programs, includ- imous consent that privileges of the ing programs included in the Commission’s room SD–366 of the Dirksen Senate of- 2006 National Strategy for Financial Lit- fice building. floor be granted for the remainder of eracy report; The PRESIDING OFFICER. Without this Congress to the following members (B) recommendations for improvements to objection, it is so ordered. of my staff: Monica Feit and Rachel Federal financial and economic literacy edu- Shoemate. COMMITTEE ON FINANCE cation programs; The PRESIDING OFFICER. Without (C) specific Federal policies that should be Mr. DODD. Mr. President, I ask unan- objection, it is so ordered. implemented, updated, or changed to im- imous consent that the Committee on prove financial and economic literacy edu- Finance be authorized to meet during f cation; the session of the Senate on Thursday, EXECUTIVE SESSION (D) a description of any gaps that exist in May 14, 2009, at 10 a.m., in room 215 of research on financial and economic literacy the Dirksen Senate office building. education, and recommendations on research that would fill those gaps; The PRESIDING OFFICER. Without EXECUTIVE CALENDAR (E) specific recommendations on sources of objection, it is so ordered. Mr. DODD. Mr. President, I have a revenue to support financial and economic COMMITTEE ON FOREIGN RELATIONS series of unanimous consent requests literacy education activities, with a specific Mr. DODD. Mr. President, I ask unan- that I wish to propound. analysis of the potential use of credit card imous consent that the Committee on Mr. President, I ask unanimous con- transaction fees; and Foreign Relations be authorized to (F) recommendations for ways to increase sent that the Senate proceed to execu- the awareness of elementary and secondary meet during the session of the Senate tive session to consider Calendar Nos. schools, postsecondary educational institu- on Thursday, May 14, 2009, at 9:45 a.m. 40 and 85; that the nominations be con- tions, and the general public of the Commis- The PRESIDING OFFICER. Without firmed en bloc; the motions to recon- sion’s website, www.MyMoney.gov, or any objection, it is so ordered. sider be laid upon the table en bloc; successor to such website. COMMITTEE ON FOREIGN RELATIONS that no further motions be in order and (b) EFFECTIVE DATE.—Notwithstanding sec- tion 3, this section shall become effective on Mr. DODD. Mr. President, I ask unan- any statements relating thereto be the date of enactment of this Act. imous consent that the Committee on printed in the RECORD; that the Presi- Foreign Relations be authorized to dent be immediately notified of the f meet during the session of the Senate Senate’s action, and the Senate then NOTICE OF HEARING on Thursday, May 14, 2009, at 2 p.m., to resume legislative session. COMMITTEE ON ENERGY AND NATURAL hold a hearing entitled ‘‘The Middle The PRESIDING OFFICER. Without RESOURCES East: The Road to Peace.’’ objection, it is so ordered. Mr. BINGAMAN. Mr. President, I The PRESIDING OFFICER. Without The nominations considered and con- would like to announce for the infor- objection, it is so ordered. firmed en bloc are as follows:

VerDate Nov 24 2008 06:00 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S14MY9.REC S14MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5538 CONGRESSIONAL RECORD — SENATE May 14, 2009 DEPARTMENT OF STATE EXPRESSING SOLIDARITY ON Whereas the Committee to Protect Jour- Philip H. Gordon, of the District of Colum- WORLD PRESS FREEDOM DAY nalists, a nonpartisan international organi- zation of journalists, has identified more bia, to be an Assistant Secretary of State Mr. DODD. Mr. President, I ask unan- (European and Eurasian Affairs). than 20 writers, journalists, and librarians in imous consent that the Senate now Cuba who remain imprisoned by the Govern- EXPORT-IMPORT BANK OF THE UNITED STATES proceed to the consideration of S. Res. ment of Cuba: Now, therefore, be it Fred P. Hochberg, of New York, to be 149, which was submitted earlier today. President of the Export-Import Bank of the Resolved, That the Senate— The PRESIDING OFFICER. The (1) expresses solidarity with— United States for a term expiring January clerk will report the resolution by 20, 2013. (A) the citizens of Cuba who are suffering title. harassment, deprivation, or imprisonment f The assistant legislative clerk read for exercising rights associated with freedom as follows: of the press and pursuing livelihoods as inde- LEGISLATIVE SESSION A resolution (S. Res. 149) expressing soli- pendent writers, journalists, or librarians; darity with the writers, journalists and li- and The PRESIDING OFFICER. Under brarians of Cuba on World Press Freedom (B) the family members of those writers, the previous order, the Senate will re- Day and calling for the immediate release of journalists, and librarians; and turn to legislative session. citizens of Cuba imprisoned for exercising (2) calls on the Government of Cuba to re- rights associated with freedom of the press. lease immediately all writers, journalists, f There being no objection, the Senate and librarians who are imprisoned for exer- cising their fundamental human rights, in- COMMENDING SOUTH proceeded to consider the resolution. cluding the citizens of Cuba that have been CHARLESTON, WEST VIRGINIA Mr. DODD. I ask unanimous consent specifically identified by international orga- that the resolution be agreed to, the Mr. DODD. Mr. President, I ask unan- nizations that monitor respect for the free- preamble be agreed to, and the motion dom of the press as being imprisoned by the imous consent that the Armed Services to reconsider be laid upon the table. Government of Cuba. Committee be discharged from further The PRESIDING OFFICER. Without consideration of S. Res. 146 and that objection, it is so ordered. f the Senate then proceed to its imme- The resolution (S. Res. 149) was diate consideration. agreed to. The PRESIDING OFFICER. Without The preamble was agreed to. COMMEMORATING AND CELE- objection, it is so ordered. The resolution, with its preamble, BRATING THE LIVES OF OFFICER The clerk will report the resolution reads as follows: KRISTINE MARIE FAIRBANKS, DEPUTY ANNE MARIE JACKSON, by title. S. RES. 149 AND SERGEANT NELSON KAI NG The assistant legislative clerk read Whereas Article 19 of the Universal Dec- as follows: laration of Human Rights provides, ‘‘Every- Mr. DODD. Mr. President, I ask unan- A resolution (S. Res. 146) commending one has the right to freedom of opinion and imous consent that the Senate proceed South Charleston, West Virginia, for cele- expression; this right includes freedom to hold opinions without interference and to to the immediate consideration S. Res. brating its 50th annual Armed Forces Day on 150, submitted earlier today. May 16, 2009. seek, receive and impart information and ideas through any media and regardless of The PRESIDING OFFICER. The There being no objection, the Senate frontiers.’’; proceeded to consider the resolution. clerk will report the resolution by Whereas the United Nations General As- title. Mr. DODD. Mr. President, I ask unan- sembly declared May 3 of each year to be imous consent that the resolution be ‘‘World Press Freedom Day’’ to raise aware- The assistant legislative clerk read agreed to, the preamble be agreed; that ness of the importance of freedom of expres- as follows: the motions to reconsider be laid upon sion and to remind governments of their ob- ligation to respect the rights of free expres- A resolution (S. Res. 150) commemorating the table; and that any statements re- and celebrating the lives of Officer Kristine lating thereto be printed in the sion and of a free press; Whereas the United States Department of Marie Fairbanks, Deputy Anne Marie Jack- RECORD. State, in its 2008 report on human rights in son, and Sergeant Nelson Kai Ng, who gave The PRESIDING OFFICER. Without Cuba, notes, ‘‘The government [of Cuba] sub- their lives in the service of the people of objection, it is so ordered. jected independent journalists to travel Washington State in 2008. The resolution (S. Res. 146) was bans, detentions, harassment of family and There being no objection, the Senate friends, equipment seizures, imprisonment, agreed to. proceeded to consider the resolution. The preamble was agreed to. and threats of imprisonment. State Security The resolution, with its preamble, agents posed as independent journalists to Mr. DODD. Mr. President, I ask unan- reads as follows: gather information on activists and spread imous consent that the resolution be misinformation and mistrust within inde- agreed to, the preamble be agreed to, S. RES. 146 pendent journalist circles.’’; and the motions to reconsider be laid Whereas Americans appreciate the cour- Whereas Reporters Without Borders, an age, loyalty, and sacrifice of every individual international nongovernmental organiza- upon the table, with no intervening ac- who serves in the Armed Forces of the tion, continues to rank Cuba as one of the tion or debate, and any statements be United States; most repressive countries in the world, and printed in the RECORD. Whereas Armed Forces Day is celebrated the most repressive country in the Western The PRESIDING OFFICER. Without on the third Saturday in May to honor those Hemisphere, with respect to freedom of the objection, it is so ordered. Americans serving in the Army, Navy, Ma- press; rine Corps, Air Force, and Coast Guard; Whereas the International Press Institute, The resolution (S. Res. 150) was Whereas Armed Forces Day was estab- a global network of journalists, editors, and agreed to. lished on August 31, 1949, following the con- media executives, concludes that Cuba ‘‘re- The preamble was agreed to. solidation of the military services of the mains a leading jailer of journalists’’; United States into the Department of De- Whereas International PEN, an inter- The resolution, with its preamble, fense; national network of writers, has reported reads as follows: Whereas Armed Forces Day is celebrated that 22 writers, journalists, and librarians with parades, open houses, receptions, and were among the individuals arrested and S. RES. 150 air shows around the Nation; and tried during the crackdown by the Govern- Whereas law enforcement officers through- Whereas on May 16, 2009, South Charleston, ment of Cuba on independent civil society out Washington State conduct themselves in West Virginia, will observe its 50th annual activists in the spring of 2003, and subse- a manner that supports, maintains, and de- Armed Forces Day with a parade, music, and quently imprisoned; fends the Constitution of the United States other entertainment: Now, therefore, be it Whereas International PEN further reports and the Constitution of the State of Wash- Resolved, That the Senate commends South that ‘‘the majority of the detained writers, ington; Charleston, West Virginia, for conducting journalists and librarians are suffering from Whereas law enforcement officers in Wash- Armed Forces Day celebrations for 50 con- health complaints caused or exacerbated by ington State and throughout the Nation risk secutive years and for honoring the selfless the harsh conditions and treatment they are their own lives to protect the lives of others; dedication and bravery of the men and exposed to in prison. Despite their deterio- Whereas since 1792, approximately 18,600 women of the United States Army, Navy, rating health status, access to adequate law enforcement officers were killed in the Marine Corps, Air Force, and Coast Guard. medical treatment is often limited.’’; and line of duty in the United States, and 262 of

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those officers served the people of Wash- DEPARTMENT OF STATE COLONEL MARK C. DILLON COLONEL SCOTT P. GOODWIN ington State; CAPRICIA PENAVIC MARSHALL, OF THE DISTRICT OF COLONEL MORRIS E. HAASE Whereas in 2008, 133 law enforcement offi- COLUMBIA, TO BE CHIEF OF PROTOCOL, AND TO HAVE COLONEL JAMES E. HAYWOOD cers were killed in the line of duty in the THE RANK OF AMBASSADOR DURING HER TENURE OF COLONEL PAUL T. JOHNSON SERVICE, VICE NANCY GOODMAN BRINKER, RESIGNED. COLONEL RANDY A. KEE United States; COLONEL JIM H. KEFFER Whereas in 2008, Deputy Anne Marie Jack- NATIONAL OCEANIC AND ATMOSPHERIC COLONEL JEFFREY B. KENDALL son of the Skagit County Sheriff’s Office, Of- ADMINISTRATION COLONEL MICHAEL J. KINGSLEY COLONEL STEVEN L. KWAST ficer Kristine Marie Fairbanks of the U.S. SUBJECT TO QUALIFICATIONS PROVIDED BY LAW, THE COLONEL LEE K. LEVY II Forest Service, and Sergeant Nelson Kai Ng FOLLOWING FOR PERMANENT PROMOTION TO THE COLONEL JERRY P. MARTINEZ GRADE INDICATED IN THE NATIONAL OCEANIC AND AT- COLONEL JIMMY E. MCMILLIAN of the Ellensburg Police Department gave MOSPHERIC ADMINISTRATION: their lives in the service of the people of COLONEL KENNETH J. MORAN To be captain COLONEL ANDREW M. MUELLER Washington State; COLONEL EDEN J. MURRIE Whereas the family members and friends of MARK H. PICKETT COLONEL TERRENCE J. O’SHAUGHNESSY Officer Fairbanks, Deputy Jackson, and Ser- MICHAEL D. FRANCISCO COLONEL DAVID E. PETERSEN MARK P. MORAN COLONEL TIMOTHY M. RAY geant Ng bear the most immediate and pro- To be commander COLONEL JOHN W. RAYMOND found burden of the absence of their loved COLONEL JOHN N. T. SHANAHAN ones; and MARK J. BOLAND COLONEL JOHN D. STAUFFER BRIAN W. PARKER COLONEL MICHAEL S. STOUGH Whereas National Police Week is observed TODD A. HAUPT COLONEL MARSHALL B. WEBB from May 10 to May 16, 2009, and is the most ROBERT A. KAMPHAUS COLONEL ROBERT E. WHEELER COLONEL MARTIN WHELAN appropriate time to honor the Washington To be lieutenant commander State law enforcement officers who sac- COLONEL KENNETH S. WILSBACH rificed their lives in service to their State JASON A. APPLER THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- NICOLE M. CABANA POINTMENT IN THE GRADE INDICATED IN THE UNITED and Nation: Now, therefore, be it RUSSELL G. HANER STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 531. Resolved, That the Senate— JOHN A. CROFTS (1) extends its condolences to the families PAUL A. KUNICKI To be lieutenant colonel JEFFREY C. TAYLOR STEPHEN R. DASUTA and loved ones of Officer Kristine Marie NICHOLAS J. CHROBAK BETH M. DITTMER Fairbanks, Deputy Anne Marie Jackson, and DANIEL J. PRICE Sergeant Nelson Kai Ng; and NICOLE S. LAMBERT IN THE NAVY CHAD M. CARY (2) stands in solidarity with the people of THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Washington State as they celebrate the lives To be lieutenant IN THE GRADE INDICATED IN THE REGULAR NAVY UNDER TITLE 10, U.S.C., SECTION 531: and mourn the loss of these remarkable and SARAH K. DUNCAN selfless heroes who represented the best of STEPHEN P. BARRY To be lieutenant commander SAMUEL F. GREENAWAY their community and whose memory will TRACY L. HAMBURGER PAUL V. ACQUAVELLA serve as an inspiration for future genera- MICHAEL O. GONSALVES JOAN M. MALIK tions. OLIVIA A. HAUSER BRIAN L. PETRY TONY PERRY III MARY A. PILIWALE f JONATHAN R. FRENCH PAUL L. SMITH AMY B. COX DAVID M. TULLY MATTHEW J. JASKOSKI ORDERS FOR MONDAY, MAY 18, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEPHEN C. KUZIRIAN TO THE GRADE INDICATED IN THE UNITED STATES NAVY 2009 LINDSEY M. WALLER UNDER TITLE 10, U.S.C., SECTION 624: Mr. DODD. Mr. President, I ask unan- JASON R. SAXE DAVID A. STRAUSZ To be captain imous consent that when the Senate REBECCA J. WADDINGTON GUIENEVERE R. LEWIS CLEMIA ANDERSON, JR. completes its business today, it stand ANTONIO J. CARDOSO adjourned until 2 p.m., Monday, May To be lieutenant (junior grade) BRETT K. EASLER DOUGLAS J. HOLDERMAN JOHN H. PETERSEN 18; that following the prayer and SYLVESTER MOORE BENJAMIN S. BLOSS HENRY P. ROUX, JR. pledge, the Journal of proceedings be JOHN F. ROSSI LAWRENCE A. SCRUGGS CHARLENE R. FELKLEY approved to date, the morning hour be STEVEN D. SHARER EMILY M. ROSE RICHARD C. VALENTINE deemed expired, the time for the two KEVIN W. ADAMS leaders be reserved for their use later MATTHEW M. FORNEY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT in the day, and there be a period of PATRICIA E. RAYMOND TO THE GRADE INDICATED IN THE UNITED STATES NAVY MATTHEW J. NARDI UNDER TITLE 10, U.S.C., SECTION 624: morning business with Senators per- ADAM R. REED mitted to speak for up to 10 minutes ADRIENNE L. HOPPER To be captain RACHEL M. SARGENT JOSEPH R. BRENNER, JR. each. RYAN A. WARTICK TIMOTHY C. GALLAUDET The PRESIDING OFFICER. Without SUBJECT TO QUALIFICATIONS PROVIDED BY LAW, THE PAUL S. OOSTERLING objection, it is so ordered. FOLLOWING FOR PERMANENT APPOINTMENT TO THE GREG A. ULSES GRADE INDICATED IN THE NATIONAL OCEANIC AND AT- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT f MOSPHERIC ADMINISTRATION: TO THE GRADE INDICATED IN THE UNITED STATES NAVY PROGRAM To be ensign UNDER TITLE 10, U.S.C., SECTION 624: Mr. DODD. Mr. President, under an HEATHER L. MOE To be captain RUSSELL D. PATE JOHN G. BISCHERI agreement reached tonight, the next KYLE A. SANDERS KARL A. COOKE LINDSAY H. CLOVIS vote will occur at approximately 10 TIMOTHY J. MARICLE JON D. ANDVICK DOMENICK MICILLO, JR. a.m. Tuesday, May 19. That vote will AARON D. MAGGIED JOHN E. RIES CHRISTOPHER J. BRIAND be a cloture vote on the Dodd-Shelby KENNETH R. SPURLOCK MICHAEL D. ROBBIE TODD J. SQUIRE substitute amendment to H.R. 627, the ERIK S. NORRIS credit card legislation. KURT S. KARPOV THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARINA O. KOSENKO TO THE GRADE INDICATED IN THE UNITED STATES NAVY f IN THE AIR FORCE UNDER TITLE 10, U.S.C., SECTION 624: ADJOURNMENT UNTIL MONDAY, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be captain MAY 18, 2009, AT 2 P.M. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- JEFFREY A. BENDER CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE DAWN E. CUTLER Mr. DODD. Mr. President, if there is AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS DARRYN C. JAMES no further business to come before the 601 AND 8034: PAMELA S. KUNZE DAVID H. WATERMAN Senate, I ask unanimous consent that To be general GEN. CARROL H. CHANDLER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT it adjourn under the previous order. TO THE GRADE INDICATED IN THE UNITED STATES NAVY Thereupon, the Senate, at 7:19 p.m., THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: adjourned until Monday, May 18, 2009, IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED UNDER TITLE 10, U.S.C., SECTION 624: To be captain at 2 p.m. To be brigadier general ROBERT J. ALLEN f WILLIAM R. BRAY COLONEL STEVEN J. ARQUIETTE JAMES T. CASON NOMINATIONS COLONEL HOWARD B. BAKER JOHN M. DULLUM COLONEL ROBERT J. BELETIC MARK R. H. ELLIOTT Executive nominations received by COLONEL SCOTT A. BETHEL JAMES M. ELLIS COLONEL CHARLES Q. BROWN, JR. JOHN D. HARBER the Senate: COLONEL SCOTT D. CHAMBERS JASON C. HINES EXECUTIVE OFFICE OF THE PRESIDENT COLONEL CARY C. CHUN MARK M. JAREK COLONEL RICHARD M. CLARK FRANCIS M. MOLINARI ANEESH CHOPRA, OF VIRGINIA, TO BE AN ASSOCIATE COLONEL DWYER L. DENNIS RONALD D. PARKER DIRECTOR OF THE OFFICE OF SCIENCE AND TECH- COLONEL STEVEN J. DEPALMER ALFRED R. V. TURNER NOLOGY POLICY, VICE RICHARD M. RUSSELL, RESIGNED. COLONEL IAN R. DICKINSON MICHAEL F. WEBB

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EDWARD B. ZELLEM GLENN R. ALLEN WALLACE G. LOVELY DANIEL D. ARENSMEYER RANDALL J. LYNCH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SCOTT W. ASKINS PAUL J. LYONS TO THE GRADE INDICATED IN THE UNITED STATES NAVY STUART P. BAKER GREGORY M. MAGUIRE UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL P. BARATTA CHARLES B. MARKS III To be captain JAMES C. BEENE MICHAEL W. MARTIN TODD A. BELTZ RANDALL H. MARTIN MICKEY S. BATSON MARK B. BENJAMIN PETER W. MATISOO JOSEPH D. BOOGREN AUGUSTUS P. BENNETT SCOTT A. MCCLURE DAVID B. CARSON RANDY B. BLACKMON JOHN M. MCLAIN SUSAN K. CEROVSKY DAVID L. BOSSERT GREGORY A. MCWHERTER DARYL S. DAVIS DAVID W. BOUVE MARK V. METZGER ERIC S. DIETZ WILLIAM J. BREITFELDER MARIO MIFSUD JUSTIN F. KERSHAW KEVIN S. BRENNAN RICHARD M. MILLER, JR. TIMOTHY G. ROHRER RICHARD R. BRYANT CHARLES C. MOORE II FRANK A. SHAUL DELL D. BULL BRIAN L. MORGAN ERIK A. BURIAN STEVEN B. MORIEN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL P. BURNS FRANCIS D. MORLEY TO THE GRADE INDICATED IN THE UNITED STATES NAVY CHRISTOPHER J. BUSHNELL KURUSH F. MORRIS UNDER TITLE 10, U.S.C., SECTION 624: ROBERT A. H. CADY TERRY S. MORRIS To be captain ANTHONY T. CALANDRA JOHN R. MOSIER, JR. KENNETH W. CARAVEO CHRISTOPHER P. MURDOCH ANGELA D. ALBERGOTTIE STEVEN M. CARLISLE JEFFREY S. MYERS GISELE M. BONITZ MICHAEL CARSLEY JOHN R. NETTLETON ALBERT A. BRADY JOHN A. CARTER ROBERT A. NEWSON WILLIAM E. CHASE III DANIEL L. CHEEVER THAD E. NISBETT JOSE L. CISNEROS CHRISTOPHER W. CHOPE RICHARD M. ODOM II PETER R. FALK CRAIG A. CLAPPERTON MICHAEL F. OTT, JR. RONALD J. HANSON ROBERT E. CLARK SCOTT W. PAPPANO DANIEL M. COLMAN RENA M. LOESCH WILLIAM D. PARK CLAYTON L. CONLEY REECE D. MORGAN WILLIAM J. PARKER III BLAKE L. CONVERSE PATRICK M. OWENS VERNON J. PARKS, JR. CHARLES B. COOPER II BRIAN D. PEARSON BENJAMIN J. PEARSON III MATTHEW F. COUGHLIN SANDRA J. SCHIAVO WILLIAM P. PENNINGTON STEPHEN J. COUGHLIN MICHAEL L. THRALL PAUL A. PENSABENE MICHAEL S. CRUDEN DOUGLAS G. PERRY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT REX L. CURTIN CATHERINE K. PHILLIPS TO THE GRADE INDICATED IN THE UNITED STATES NAVY PETER M. DAWSON MARTIN L. POMPEO UNDER TITLE 10, U.S.C., SECTION 624: THOMAS L. DEARBORN ERICH W. DIEHL KENNETH J. REYNARD To be captain WILLIAM A. DOCHERTY DANIEL J. RIVERA DAVID A. ROBERTS MICHAEL E. BEAULIEU JAMES F. DOODY FRANK J. DOWD CHRISTOPHER A. RODEMAN BRUCE W. BROSCH AARON L. RONDEAU KATHERINE D. C. ERB PAUL T. DRUGGAN SCOTT E. DUGAN ERIK M. ROSS LANCE E. MASSEY MARK E. SANDERS GREGORY A. MUNNING DANIEL W. DWYER JOHN T. DYE, JR. PAUL J. SCHLISE TIMOTHY L. SCHORR THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RANDELL W. DYKES WILLIAM B. SEAMAN, JR. TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOHN P. ECKARDT TODD J. SENIFF UNDER TITLE 10, U.S.C., SECTION 624: BRIAN P. ECKERLE DAVID M. EDGECOMB CURTIS A. SETH To be captain JASON C. EHRET DANIEL P. SHAW DANIEL A. SHULTZ SCOTT F. ADLEY JAMES A. EMMERT MICHAEL S. FEYEDELEM JAMES W. SIGLER TRACY A. BARKHIMER RICHARD A. SKIFF, JR. DANA S. DEWEY STEPHEN M. FIMPLE TODD J. FLANNERY FRED W. SMITH, JR. PAUL A. GHYZEL ROBERT E. SMITH SHAWN P. HENDRICKS CHRISTOPHER J. FLETCHER BRIAN W. FRAZIER THOMAS B. SMITH II ERIC D. HOLMBERG VICTOR S. SMITH JOHN M. HOOD MICHAEL S. FULGHAM DONALD D. GABRIELSON MICHAEL C. SPARKS CHRISTOPHER D. JUNGE WESLEY W. SPENCE TODD G. KRUDER FREDERICK E. GAGHAN, JR. THOMAS D. GAJEWSKI PAUL A. STADER STEVEN J. LABOWS RAY A. STAPF RALPH D. LEE ROBERT D. GAMBERG HARRY L. GANTEAUME MARK L. STEVENS JOHN S. LEMMON WILLIAM R. STEVENSON THOMAS C. POPP PETER A. GARVIN JASON A. GILBERT RICK J. STONER JAMES K. REINING RANDALL D. TASHJIAN PATRICK W. SMITH CURTIS J. GOODNIGHT CHRISTOPHER S. GRAY MICHAEL J. TESAR THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PAUL F. GRONEMEYER JOHN J. THOMPSON TO THE GRADE INDICATED IN THE UNITED STATES NAVY WESLEY R. GUINN THOMAS L. THOMPSON UNDER TITLE 10, U.S.C., SECTION 624: JOHN E. GUMBLETON JOHN D. THORLEIFSON DAVID L. TIDWELL To be captain PAUL C. HAEBLER ROBERT A. HALL, JR. RYAN C. TILLOTSON JOHN V. TOLLIVER MICHAEL A. BALLOU THOMAS G. HALVORSON ROBERT P. TORTORA JOHN H. BITTING III MICHAEL V. HARBER TIMOTHY R. TRAMPENAU STEVEN M. DEBUS JURGEN HEITMANN BRADDOCK W. TREADWAY DAVID L. FORSTER EDMUND B. HERNANDEZ WILLIAM M. TRIPLETT DAVID A. GOGGINS PATRICK D. HERRING WADE D. TURVOLD JOSEPH D. GOMBAS EDWARD L. HERRINGTON MURRAY J. TYNCH III DONALD R. HARDER CHRISTOPHER E. HICKS ROY C. UNDERSANDER THOMAS W. HEATTER ALVIN HOLSEY LAWRENCE R. VASQUEZ SCOTT D. HELLER WILLIAM D. HOPPER GEORGE J. VASSILAKIS TODD A. HOOKS HUGH W. HOWARD III ERIC H. VENEMA MICHAEL C. LADNER PATRICK N. HUETE DOUGLAS C. VERISSIMO DOUGLAS M. LEMON GREGORY C. HUFFMAN DEAN M. VESELY JAMES E. MELVIN JEFFREY W. HUGHES DANIEL E. VOTH CHRISTOPHER P. MERCER PAUL D. HUGILL MICHAEL D. WALLS FRANCIS E. SPENCER III WILLIAM T. IPOCK II COLIN S. WALSH HENRY W. STEVENS III ROGER G. ISOM JAMES P. WATERS III RONALD R. VANCOURT MARY M. JACKSON ERIC F. WEILENMAN MARK R. VANDROFF RHETT R. JAEHN RANDAL T. WEST STEPHEN F. WILLIAMSON JEFFREY W. JAMES JOKER L. JENKINS WILLIAM W. WHEELER III THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRADLEY T. JENSEN STEVEN J. WIEMAN TO THE GRADE INDICATED IN THE UNITED STATES NAVY KEVIN D. JONES JEFFREY S. WINTER UNDER TITLE 10, U.S.C., SECTION 624: SARA A. JOYNER ERIC K. WRIGHT BRIAN F. WYSOCKI To be captain JOEL D. JUNGEMANN JAY A. KADOWAKI JOHN D. ZIMMERMAN RICHARD J. ZINS ANN M. BURKHARDT KURT A. KASTNER THOMAS A. ZWOLFER CRAIG C. FELKER GREGORY J. KEITHLEY LEONARD J. HAMILTON VERNON P. KEMPER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DONNA M. KASPAR BRADLEY J. KIDWELL TO THE GRADE INDICATED IN THE UNITED STATES NAVY WILLIAM R. KRONZER KEVIN G. KING RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: CAROLINE M. NIELSON KEVIN E. KINSLOW KRISTIN B. STRONG BRIAN D. KOEHR To be captain WILLIAM S. KOYAMA SHANNON E. M. THAELER JAMES F. ELIZARES STEPHEN C. TRAINOR SCOTT C. KRAVERATH MARGARET M. WARD KEVIN F. KROPP THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JACKLYN D. WEBB TIMOTHY C. KUEHHAS TO THE GRADE INDICATED IN THE UNITED STATES NAVY GLENN P. KUFFEL, JR. RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CARL A. LAHTI TO THE GRADE INDICATED IN THE UNITED STATES NAVY JAMES P. LAINGEN To be captain UNDER TITLE 10, U.S.C., SECTION 624: DENNIS A. LAZAR, JR. STACY R. STEWART To be captain MARK F. LIGHT JAMES M. LINS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT HEIDI C. AGLE DAVID J. LOBDELL TO THE GRADE INDICATED IN THE UNITED STATES NAVY DAVID W. ALLDRIDGE JAMES P. LOPER RESERVE UNDER TITLE 10, U.S.C., SECTION 12203:

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KULINSKI GARY P. KIRCHNER ANTONIO OROPEZA ROBERT L. LARSON LEITH S. WIMMER STEPHEN P. LEE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PETER T. LISTON TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES A. LITSCH, JR. RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOSEPH R. LYON III To be captain RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: ALAN M. LYTLE To be captain WILLIAM G. MAGER GARY R. BARRON SANJAY D. MATHUR JANET M. BRISTOL ROBERT A. BENNETT PATRICK E. MAYO STEVEN B. COLE MATTHEW T. BERTA JAY R. MILLS ALLAN S. DUNLOP JASON B. BURKE PATRICK J. MRACHEK ROBERT C. ELROD VICTOR V. COOPER ANDREW J. MUELLER EDWARDEEN M. JONES ANDREW P. COVERT KAREN R. NEWCOMB SCOTT J. KAWAMOTO JEFFREY S. DAVIS JEAN L. OBRIEN RONALD S. KERR RONALD A. FLORENCE MARTIN P. OBRIEN, JR. ALAN R. KERSEY JOHN S. GORMAN PAUL G. PENDER JOEL A. MERRIMAN ZACHARY S. HENRY SEAN F. REID LEE H. MILLER II ROBERT E. LEE WILLIAM J. REVAK SCOTT P. MINKE LUIS A. MALDONADO JOHN A. RIAL RICHARD W. MYLLENBECK MICHAEL L. MARLOWE JEFFREY J. RICHARDS MICHAEL M. NORMILE JOHN J. MCCRACKEN DAVID A. ROBINSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES E. MCGOVERN DARIN K. ROBISON TO THE GRADE INDICATED IN THE UNITED STATES NAVY ROGER L. MEEK RICHARD A. RODRIGUEZ RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: JAMES L. MINTA CRAIG W. ROEGNER WILLIAM H. PEVEY KEVIN H. ROSS To be captain MARK W. SAMUELS JAY M. ROVNIAK JANET S. SCHOFIELD SCOTT C. RUMPH JOSEPH R. DAVILA DANIEL B. UHLS ERIC C. RUTTENBERG WILLIAM S. FRAILEY KENNETH S. WRIGHT THOMAS A. RYER THANE GILMAN JOHN A. SCHOMMER JOHN K. HAFNER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEROME T. SEBASTYN MICHAEL J. KONDRACKI TO THE GRADE INDICATED IN THE UNITED STATES NAVY SCOTT C. SEEBERGER NEAL W. LEHTO RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: LAURIE T. SHEEHAN CHARLES D. MCDERMOTT TIMOTHY P. SHERIDAN JOHN M. TARPEY To be captain SCOTT R. SHIRE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DONALD T. ALLERTON LARRY A. SMITH TO THE GRADE INDICATED IN THE UNITED STATES NAVY STEVEN M. ALLINDER STERLING C. SMITH RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: MARK D. ALTOBELLO FRED A. SORRENTINO MARK T. ASSELIN JAMES W. SPEICHER To be captain PAUL K. AVERNA JAMES K. STOELZEL KRISTIN A. BAKKEGARD MARCIA R. FLATAU CALVIN E. TANCK ROBERT E. BANKER, JR. RAYMOND C. GAW CHRISTOPHER J. TARPEY JOHN V. BENNETT ERIN P. HOLIDAY HENRY C. TILLMAN JONATHAN D. BLACKER LINNEA J. SOMMERWEDDINGTON EDWIN A. TYLER, JR. JAMES P. BOLAND JUAN C. VIVAR THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHRISTOPHER C. BROWN STEVEN E. WHITMORE TO THE GRADE INDICATED IN THE UNITED STATES NAVY JAMES H. BROWN JAMES R. WILLIAMS RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: JAMES CLUXTON STEVEN C. WILLIAMS DAVID J. COLE ANDREW C. YENCHKO To be captain MICHAEL C. COLEMAN PAUL R. YOUNES STEVEN W. HARRIS ROBERT D. CORRIGAN JAMES B. ZEH STEVEN J. SIMON MICHAEL A. CZARNIK JEFFREY W. ZIMMERMAN GEORGE L. SNIDER WILLIAM M. DARLING TODD A. ZVORAK CHARLES J. DEGILIO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID F. DESANTO TO THE GRADE INDICATED IN THE UNITED STATES NAVY JAMES K. DETTBARN f RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: DAVID J. DIETZ SCOTT E. DONALDSON To be captain STEVEN P. DOUGLAS CONFIRMATIONS PAUL C. BURNETTE SHAWN E. DUANE STEPHEN S. JOYCE BILLIE G. DUNLAP Executive nominations confirmed by DAVID B. DURHAM the Senate May 14, 2009: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DOROTHY S. E. ENGH TO THE GRADE INDICATED IN THE UNITED STATES NAVY MATTHEW J. FELT DEPARTMENT OF STATE RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: MICHAEL D. FIELDS PHILIP H. GORDON, OF THE DISTRICT OF COLUMBIA, TO To be captain MICHAEL J. FLYNN PHILIP M. FOWLER BE AN ASSISTANT SECRETARY OF STATE (EUROPEAN AND EURASIAN AFFAIRS). MATTHEW B. AARON JOSEPH A. GAITHER THOMAS P. MAYHEW DANIEL P. GAMACHE EXPORT-IMPORT BANK OF THE UNITED STATES DAVID M. SILLDORFF THOMAS A. GERETY JAMES M. GERLACH FRED P. HOCHBERG, OF NEW YORK, TO BE PRESIDENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JACK A. GRANGER OF THE EXPORT-IMPORT BANK OF THE UNITED STATES TO THE GRADE INDICATED IN THE UNITED STATES NAVY JAMES L. GRANT FOR A TERM EXPIRING JANUARY 20, 2013. RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: DARREN J. HANSON THE ABOVE NOMINATIONS WERE APPROVED SUBJECT To be captain JAMES E. HARLAN TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- KEVIN C. HAYES QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY DALE E. CHRISTENSON DANIEL B. HENDRICKSON CONSTITUTED COMMITTEE OF THE SENATE.

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