12068 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 May 11, 2009 HOUSE OF REPRESENTATIVES—Monday, May 11, 2009

The House met at 2 p.m. and was until 12:30 p.m. tomorrow for morning- 1693. A letter from the Chairman, Council called to order by the Speaker pro tem- hour debate. of the District of Columbia, transmitting a pore (Mr. MCGOVERN). There was no objection. copy of D.C. ACT 18-68, ‘‘Unemployment Compensation Extended Benefits Temporary f Accordingly (at 2 o’clock and 3 min- utes p.m.), under its previous order, the Amendment Act of 2009’’, pursuant to D.C. Code section 1-233(c)(1); to the Committee on DESIGNATION OF THE SPEAKER House adjourned until tomorrow, Tues- PRO TEMPORE Oversight and Government Reform. day, May 12, 2009, at 12:30 p.m., for 1694. A letter from the Chairman, Council The SPEAKER pro tempore laid be- morning-hour debate. of the District of Columbia, transmitting a fore the House the following commu- f copy of D.C. ACT 18-55, ‘‘Practice of Occupa- nication from the Speaker: tional Therapy Amendment Act of 2009’’, EXECUTIVE COMMUNICATIONS, pursuant to D.C. Code section 1-233(c)(1); to WASHINGTON, DC, ETC. the Committee on Oversight and Govern- May 11, 2009. ment Reform. I hereby appoint the Honorable JAMES P. Under clause 2 of Rule XXIV, execu- 1695. A letter from the Chairman, Council MCGOVERN to act as Speaker pro tempore on tive communications were taken from of the District of Columbia, transmitting a this day. the Speaker’s table and referred as fol- copy of D.C. ACT 18-69, ‘‘Woodland Tigers NANCY PELOSI, lows: Funding Clarification Temporary Amend- Speaker of the House of Representatives. 1685. A letter from the Assistant General ment Act of 2009’’, pursuant to D.C. Code sec- f Counsel for Regulations, Office of General tion 1-233(c)(1); to the Committee on Over- PRAYER Counsel, Department of Education, transmit- sight and Government Reform. ting the Department’s final rule — Readiness 1696. A letter from the Chairman, Council Rev. Eugene Hemrick, Washington and Emergency Management for Schools — of the District of Columbia, transmitting a Theological Union, Washington, D.C., received March 27, 2009, pursuant to 5 U.S.C. copy of D.C. ACT 18-56, ‘‘Practice of offered the following prayer: 801(a)(1)(A); to the Committee on Education Polysomnography Amendment Act of 2009’’, An esteemed saint once said, ‘‘The and Labor. pursuant to D.C. Code section 1-233(c)(1); to the Committee on Oversight and Govern- glory of God is a human being fully 1686. A letter from the Chairman, Council of the District of Columbia, transmitting a ment Reform. alive.’’ 1697. A letter from the Chairman, Council May the work of Congress be alive copy of D.C. ACT 18-65, ‘‘View 14 Economic Development Temporary Act of 2009’’, pursu- of the District of Columbia, transmitting a with debate, minus life-threatening ant to D.C. Code section 1-233(c)(1); to the copy of D.C. ACT 18-57, ‘‘Practice of Profes- strife; by a desire for spirited unity Committee on Oversight and Government sional Counseling and Addiction Counseling Amendment Act of 2009’’, pursuant to D.C. rather than life-threatening divisions Reform. that deflate the human spirit; by undy- 1687. A letter from the Chairman, Council Code section 1-233(c)(1); to the Committee on of the District of Columbia, transmitting a Oversight and Government Reform. ing service to others rather than suc- 1698. A letter from the Chairman, Council copy of D.C. ACT 18-62, ‘‘Practice of Nursing cumbing to destructive self-service; by of the District of Columbia, transmitting a Amendment Act of 2009’’, pursuant to D.C. reaching out to the disadvantaged copy of D.C. ACT 18-70, ‘‘Jury and Marriage Code section 1-233(c)(1); to the Committee on Amendment Act of 2009’’, pursuant to D.C. rather than seeking personal self-ad- Oversight and Government Reform. Code section 1-233(c)(1); to the Committee on vantage. 1688. A letter from the Chairman, Council O Lord, may the work of Congress Oversight and Government Reform. of the District of Columbia, transmitting a 1699. A letter from the Chairman, Council generate awesome kindness and sac- copy of D.C. ACT 18-66, ‘‘Fire Alarm Notice of the District of Columbia, transmitting a rifice that inspires Americans and and Tenant Fire Saftey Temporary Amend- copy of D.C. ACT 18-59, ‘‘Practice of Den- their neighbors, reflecting God’s mov- ment Act of 2009’’, pursuant to D.C. Code sec- tistry Amendment Act of 2009’’, pursuant to ing love at its best. tion 1-233(c)(1); to the Committee on Over- D.C. Code section 1-233(c)(1); to the Com- Amen. sight and Government Reform. mittee on Oversight and Government Re- 1689. A letter from the Chairman, Council f form. of the District of Columbia, transmitting a 1700. A letter from the Chairman, Council THE JOURNAL copy of D.C. ACT 18-54, ‘‘NoMA Residential of the District of Columbia, transmitting a Development Tax Abatement Act of 2009’’, The SPEAKER pro tempore. The copy of D.C. ACT 18-61, ‘‘Massage Therapy pursuant to D.C. Code section 1-233(c)(1); to Amendment Act of 2009’’, pursuant to D.C. Chair has examined the Journal of the the Committee on Oversight and Govern- Code section 1-233(c)(1); to the Committee on last day’s proceedings and announces ment Reform. Oversight and Government Reform. to the House his approval thereof. 1690. A letter from the Chairman, Council 1701. A letter from the Chairman, Council Pursuant to clause 1, rule I, the Jour- of the District of Columbia, transmitting a of the District of Columbia, transmitting a nal stands approved. copy of D.C. ACT 18-64, ‘‘Continuation of copy of D.C. ACT 18-58, ‘‘Practice of Psy- Health Coverage Temporary Amendment Act chology Amendment Act of 2009’’, pursuant f of 2009’’, pursuant to D.C. Code section 1- to D.C. Code section 1-233(c)(1); to the Com- PLEDGE OF ALLEGIANCE 233(c)(1); to the Committee on Oversight and mittee on Oversight and Government Re- Government Reform. form. The SPEAKER pro tempore. The 1691. A letter from the Chairman, Council 1702. A letter from the Chairman, Council Chair will lead the House in the Pledge of the District of Columbia, transmitting a of the District of Columbia, transmitting a of Allegiance. copy of D.C. ACT 18-67, ‘‘Tenant Opportunity copy of D.C. ACT 18-60, ‘‘Practice of Podiatry The SPEAKER pro tempore led the to Purchase Preservation Clarification Tem- Amendment Act of 2009’’, pursuant to D.C. Pledge of Allegiance as follows: porary Amendment Act of 2009’’, pursuant to Code section 1-233(c)(1); to the Committee on D.C. Code section 1-233(c)(1); to the Com- I pledge allegiance to the Flag of the Oversight and Government Reform. mittee on Oversight and Government Re- 1703. A letter from the Acting Senior Pro- United States of America, and to the Repub- form. curement Executive, GSA, Department of lic for which it stands, one nation under God, 1692. A letter from the Chairman, Council Defense, transmitting the Department’s final indivisible, with liberty and justice for all. of the District of Columbia, transmitting a rule — Federal Acquisition Regulation; Fed- f copy of D.C. ACT 18-63, ‘‘Practices of Medi- eral Acquisition Circular 2005-31; Introduc- ADJOURNMENT cine and Naturopathic Medicine Amendment tion [Docket FAR 2009-0001, Sequence 2] re- Act of 2009’’, pursuant to D.C. Code section 1- ceived March 19, 2009, pursuant to 5 U.S.C. The SPEAKER pro tempore. Without 233(c)(1); to the Committee on Oversight and 801(a)(1)(A); to the Committee on Oversight objection, the House stands adjourned Government Reform. and Government Reform.

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

VerDate Mar 15 2010 08:44 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR09\H11MY9.000 H11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 11, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 12069 1704. A letter from the Chairman, Inter- Zone Off Alaska; Pollock in Statistical Area ceived April 14, 2009, pursuant to 5 U.S.C. national Trade Commission, transmitting 610 in the Gulf of Alaska [Docket No.: 801(a)(1)(A); to the Committee on Natural the Commission’s Annual Report on Cat- 09100091344-9056-02] (RIN: 0648-XO07) received Resources. egory Rating for 2006, pursuant to 5 U.S.C. April 1, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); 1720. A letter from the Deputy Assistant 3319(d); to the Committee on Oversight and to the Committee on Natural Resources. Administrator For Regulatory Programs, Government Reform. 1713. A letter from the Acting Director Of- NMFS, National Oceanic and Atmospheric 1705. A letter from the Acting Chair, Fed- fice of Sustainable Fisheries, NMFS, Na- Administration, transmitting the Adminis- eral Subsistence Board, Department of the tional Oceanic and Atmospheric Administra- tration’s final rule — Fisheries of the Exclu- Interior, transmitting the Department’s tion, transmitting the Administration’s final sive Economic Zone Off Alaska; Groundfish final rule — Subsistence Management Regu- rule — Fisheries of the Exclusive Economic Fisheries of the Bering Sea and Aleutian Is- lations for Public Lands in Alaska-2009-10 Zone Off Alaska; Pollock in Statistical Area lands Management Area and Gulf of Alaska, and 2010-11 Subsistence Taking of Fish Regu- 610 in the Gulf of Alaska [Docket No.: Seabird Avoidance Requirements Revisions lations [FWS-R7-EA-2007-0025; 70101-1335- 09100091344-0956-02] (RIN: 0648-XN82) received for International Pacific Halibut Commis- 0064L6] (RIN: 1018-AV72) receivedApril 2, 2009, April 1, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); sion Regulatory Area 4E [Docket No.: pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- to the Committee on Natural Resources. 080612764-8801-01] (RIN: 0648-AW94) received mittee on Natural Resources. 1714. A letter from the Acting Director Of- April 14, 2009, pursuant to 5 U.S.C. 1706. A letter from the Assistant Secretary, fice of Sustainable Fisheries, NMFS, Na- 801(a)(1)(A); to the Committee on Natural Department of the Interior, transmitting the tional Oceanic and Atmospheric Administra- Resources. Department’s final rule — Migratory Bird tion, transmitting the Administration’s final 1721. A letter from the Deputy Assistant Permits; Revision of Expiration Dates for rule — Fisheries of the Northeastern United Administrator For Regulatory Programs, Double-Crested Cormorant Depredation Or- States; Scup Fishery; Reduction of Winter I NMFS, National Oceanic and Atmospheric ders [[FWS-R9-MB-2008-0109] [91200-1231- Commercial Possession Limit [Docket No.: Administration, transmitting the Adminis- 9BPP]] (RIN: 1018-AW11) received April 2, 0809251266-81485-02] (RIN: 0648-XN60) received tration’s final rule — Fisheries of the Exclu- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the April 1, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); sive Economic Zone Off Alaska; Gulf of Alas- Committee on Natural Resources. to the Committee on Natural Resources. ka; 2009 and 2010 Final Harvest Specifica- 1707. A letter from the Acting Director, Of- 1715. A letter from the Director Office of tions for Groundfish [Docket No.: 0910091344- fice of Surface Mining, Department of the In- Sustainable Fisheries, NMFS, National Oce- 9056-02] (RIN: 0648-XL23) received March 27, terior, transmitting the Department’s final anic and Atmospheric Administration, trans- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the rule — Pennsylvania Regulatory Program mitting the Administration’s final rule — Committee on Natural Resources. [PA-152-FOR; Docket ID: OSM-2008-0019] re- Fisheries of the Exclusive Economic Zone 1722. A letter from the Acting Director Of- ceived March 19, 2009, pursuant to 5 U.S.C. Off Alaska; Pollock in Statistical Area 630 in fice of Sustainable Fisheries, NMFS, Na- 801(a)(1)(A); to the Committee on Natural the Gulf of Alaska [Docket No.: 09100091344- tional Oceanic and Atmospheric Administra- Resources. 9056-02] (RIN: 0648-XN84) received April 1, tion, transmitting the Administration’s final 1708. A letter from the Director, U.S. Fish 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the rule — Fisheries off West Coast States; Pa- and Wildlife Service, Department of the Inte- Committee on Natural Resources. cific Coast Groundfish Fishery; Pacific Whit- rior, transmitting the Department’s final 1716. A letter from the Acting Director Of- ing Allocation [Docket No.: 080408542-8615-01] rule — Endangered and Threatened Wildlife fice of Sustainable Fisheries, NMFS, Na- (RIN: 0648-XM20) received March 27, 2009, and Plants; Final Rule To Identify the West- tional Oceanic and Atmospheric Administra- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ern Great Lakes Populations of Gray Wolves tion, transmitting the Administration’s final mittee on Natural Resources. as a Distinct Population Segment and To Re- rule — Magnuson-Stevens Fishery Conserva- 1723. A letter from the Acting Director Of- vise the List of Endangered and Threatened tion and Management Act Provisions; Fish- fice of Sustainable Fisheries, NMFS, Na- Wildlife [[FWS-R3-ES-2008-0120] [92220-1113- eries of the Northeastern United States; tional Oceanic and Atmospheric Administra- 000; ABC Code: C6]] (RIN: 1018-AW41) received Northeast (NE) Multispecies Fishery; Modi- tion, transmitting the Administration’s final April 1, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); fication of the Yellowtail Flounder Landing rule — Fraser River Sockeye Salmon Fish- to the Committee on Natural Resources. Limit for the U.S./Canada Management Area eries; Inseason Orders (RIN: 0648-XM03) re- 1709. A letter from the Acting Director Of- [Docket No.: 0401120010-4114-02] (RIN: 0648- ceived March 27, 2009, pursuant to 5 U.S.C. fice of Sustainable Fisheries, NMFS, Na- XN66) received April 1, 2009, pursuant to 5 801(a)(1)(A); to the Committee on Natural tional Oceanic and Atmospheric Administra- U.S.C. 801(a)(1)(A); to the Committee on Nat- Resources. tion, transmitting the Administration’s final ural Resources. 1724. A letter from the Acting Director Of- rule — Fisheries of the Exclusive Economic 1717. A letter from the Deputy Assistant fice of Sustainable Fisheries, NMFS, Na- Zone Off Alaska; Pacific Cod for American Administrator For Regulatory Programs, tional Oceanic and Atmospheric Administra- Fisheries Act Catcher Processors Using NMFS, National Oceanic and Atmospheric tion, transmitting the Administration’s final Trawl Gear in the Bering Sea and Aleutian Administration, transmitting the Adminis- rule — Fisheries of the Exclusive Economic Islands Management Area [Docket No.: tration’s final rule — Fisheries in the West- Zone Off Alaska; Pacific Cod by Catcher 0810141351-9087-02] (RIN: 0648-XN91) received ern Pacific; Bottomfish and Seamount Processors Using Hook-and-Line Gear in the April 1, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); Groundfish Fisheries; 2008-09 Main Hawaiian Bering Sea and Aleutian Islands Manage- to the Committee on Natural Resources. Islands Bottomfish Total Allowable Catch ment Area [Docket No.: 071106673-8011-02] 1710. A letter from the Acting Director Of- [Docket No.: 0811281532-9086-02] (RIN: 0648- (RIN: 0648-XN23) received March 27, 2009, pur- fice of Sustainable Fisheries, NMFS, Na- XL64) received March 27, 2009, pursuant to 5 suant to 5 U.S.C. 801(a)(1)(A); to the Com- tional Oceanic and Atmospheric Administra- U.S.C. 801(a)(1)(A); to the Committee on Nat- mittee on Natural Resources. tion, transmitting the Administration’s final ural Resources. 1725. A letter from the Deputy Assistant rule — Fisheries of the Exclusive Economic 1718. A letter from the Director, Office Sus- Administrator For Regulatory Programs, Zone Off Alaska; Shallow-Water Species tainable Fisheries, NMFS, National Oceanic NMFS, National Oceanic and Atmospheric Fishery by Amendment 80 Vessels Subject to and Atmospheric Administration, transmit- Administration, transmitting the Adminis- Sideboard Limits in the Gulf of Alaska ting the Administration’s final rule — Fish- tration’s final rule — Fisheries of the North- [Docket No.: 0910091344-9056-02] (RIN: 0648- eries of the Exclusive Economic Zone Off eastern United States; Summer Flounder, XN85) received April 1, 2009, pursuant to 5 Alaska; Pacific Ocean Perch for Vessels in Scup, and Black Sea Bass Fisheries; 2009 U.S.C. 801(a)(1)(A); to the Committee on Nat- the Bering Sea and Aleutian Islands Trawl Scup and Black Sea Bass Specifications; Cor- ural Resources. Limited Access Fishery in the Eastern Aleu- rection [Docket No.: 090311306-9309-01] (RIN: 1711. A letter from the Acting Director Of- tian District of the Bering Sea and Aleutian 0648-XN88) received April 14, 2009, pursuant fice of Sustainable Fisheries, NMFS, Na- Islands Management Area [Docket No.: to 5 U.S.C. 801(a)(1)(A); to the Committee on tional Oceanic and Atmospheric Administra- 0810141351-9087-02] (RIN: 0648-XN18) received Natural Resources. tion, transmitting the Administration’s final April 14, 2009, pursuant to 5 U.S.C. 1726. A letter from the Acting Director Of- rule — Fisheries of the Exclusive Economic 801(a)(1)(A); to the Committee on Natural fice of Sustainable Fisheries, NMFS, Na- Zone Off Alaska; Pollock in Statistical Area Resources. tional Oceanic and Atmospheric Administra- 620 in the Gulf of Alaska [Docket No.: 1719. A letter from the Director, Office of tion, transmitting the Administration’s final 09100091344-9056-02] (RIN: 0648-XN92) received Sustainable Fisheries, NMFS, National Oce- rule — Fisheries of the Northeastern United April 1, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); anic and Atmospheric Administration, trans- States; Summer Flounder Fishery; Quota to the Committee on Natural Resources. mitting the Administration’s final rule — Transfer [Docket No.: 0809251266-81485-02] 1712. A letter from the Acting Director Of- Fisheries of the Exclusive Economic Zone (RIN: 0648-XM86) received March 27, 2009, fice of Sustainable Fisheries, NMFS, Na- Off Alaska; Pacific Cod by Catcher Vessels pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tional Oceanic and Atmospheric Administra- Using Trawl Gear in the Bering Sea and mittee on Natural Resources. tion, transmitting the Administration’s final Aleutian Islands Management Area [Docket 1727. A letter from the Acting Assistant rule — Fisheries of the Exclusive Economic No.: 0810141351-9087-02] (RIN: 0648-XN77) re- Administrator for Fisheries, NMFS, National

VerDate Mar 15 2010 08:44 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR09\H11MY9.000 H11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12070 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 May 11, 2009 Oceanic and Atmospheric Administration, the Administration’s final rule — Atlantic tional Oceanic and Atmospheric Administra- transmitting the Administration’s final rule Highly Migratory Species; Atlantic Sword- tion, transmitting the Administration’s final — Magnuson-Stevens Act Provisions; Fish- fish Quotas [Docket No.: 080404529-81598-02] rule — Fisheries of the Exclusive Economic eries Off West Coast States; Pacific Coast (RIN: 0648-AW61) received April 24, 2009, pur- Zone Off Alaska; Reallocation of Pacific Cod Groundfish Fishery; 2009-2010 Biennial Speci- suant to 5 U.S.C. 801(a)(1)(A); to the Com- in the Bering Sea and Aleutian Islands Man- fications and Management Measures [Docket mittee on Natural Resources. agement Area [Docket No.: 0810141351-9087-02] No.: 0809121213-9221-02] (RIN: 0648-AX24) re- 1735. A letter from the Director, Office of (RIN: 0648-XN69) received March 30, 2009, pur- ceived March 30, 2009, pursuant to 5 U.S.C. Sustainable Fisheries, NMFS, National Oce- suant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Natural anic and Atmospheric Administration, trans- mittee on Natural Resources. Resources. mitting the Administration’s final rule — 1743. A letter from the Acting Director Of- 1728. A letter from the Acting Director Of- Magnuson-Stevens Fishery Conservation and fice of Sustainable Fisheries, NMFS, Na- fice of Sustainable Fisheries, NMFS, Na- Management Act Provisions; Fisheries of the tional Oceanic and Atmospheric Administra- tional Oceanic and Atmospheric Administra- Northeastern United States; Atlantic Sea tion, transmitting the Administration’s final tion, transmitting the Administration’s final Scallop Fishery; Closure of the Delmarva rule — Fisheries of the Caribbean, Gulf of rule — Fisheries of the Exclusive Economic Scallop Access Area to General Category Mexico, and South Atlantic; Coastal Migra- Zone Off Alaska; Pacific Cod by Catcher Ves- Scallop Vessels [Docket No.: 070817467-8554- tory Pelagic Resources of the Gulf of Mexico sels Less Than 60 feet (18.3 m) Length Overall 02] (RIN: 0648-XN68) received April 24, 2009, and South Atlantic; Closure [Docket No.: Using Jig or Hook-and-Line Gear in the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 001005281-0369-02] (RIN: 0648-XN55) received Bogoslof Pacific Cod Exemption Area in the mittee on Natural Resources. May 11, 2009, pursuant to 5 U.S.C. Bering Sea and Aleutian Islands Manage- 1736. A letter from the Acting Assistant 801(a)(1)(A); to the Committee on Natural ment Area [Docket No.: 071106673-8011-02] Administrator for Fisheries, NMFS, National Resources. (RIN: 0648-XN00) received March 27, 2009, pur- Oceanic and Atmospheric Administration, 1744. A letter from the Paralegal Spe- suant to 5 U.S.C. 801(a)(1)(A); to the Com- transmitting the Administration’s final rule cialist, Department of Transportation, trans- mittee on Natural Resources. — Fisheries Off West Coast States; Pacific mitting the Department’s final rule — Air- 1729. A letter from the Director Office of Coast Groundfish Fishery; Amendment 15, worthiness Directives; Airbus Model A300, Sustainable Fisheries, NMFS, National Oce- Correction [Docket No.: 071003556-81194-02] A310, and A300-600 Series Airplanes [Docket anic and Atmospheric Administration, trans- (RIN: 0648-AW08) received April 14, 2009, pur- No.: FAA-2008-0657; Directorate Identifier mitting the Administration’s final rule — suant to 5 U.S.C. 801(a)(1)(A); to the Com- 2007-NM-296-AD; Amendment 39-15787; AD Fisheries of the Exclusive Economic Zone mittee on Natural Resources. 2009-01-08] (RIN: 2120-AA64) received March 1737. A letter from the Director Office of Off Alaska; Pollock in Statistical Area 630 in 27, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to Sustainable Fisheries, NMFS, National Oce- the Gulf of Alaska [Docket No.: 071106671- the Committee on Transportation and Infra- anic and Atmospheric Administration, trans- 8010-02] (RIN: 0648-XM88) received March 27, structure. mitting the Administration’s final rule — 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1745. A letter from the Director of Regula- Fisheries in the Western Pacific; American Committee on Natural Resources. tions Management, Department of Veterans Samoa Pelagic Longline Limited Entry Pro- 1730. A letter from the Acting Director Of- Affairs, transmitting the Department’s final gram (RIN: 0648-XM69) received March 27, fice of Sustainable Fisheries, NMFS, Na- rule — Posttraumatic Stress Disorder (RIN: 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the tional Oceanic and Atmospheric Administra- 2900-AN04) received March 30, 2009, pursuant Committee on Natural Resources. tion, transmitting the Administration’s final 1738. A letter from the Acting Director Of- to 5 U.S.C. 801(a)(1)(A); to the Committee on rule — Fisheries of the Exclusive Economic fice of Sustainable Fisheries, NMFS, Na- Veterans’ Affairs. Zone Off Alaska; Pacific Cod by Vessels Par- tional Oceanic and Atmospheric Administra- f ticipating in the Amendment 80 Limited Ac- tion, transmitting the Administration’s final cess Fishery in Bering Sea and Aleutian Is- rule — Fisheries of the Exclusive Economic REPORTS OF COMMITTEES ON lands Management Area [Docket No.: Zone Off Alaska; Atka Mackerel in the Ber- PUBLIC BILLS AND RESOLUTIONS 071106673-8011-02] (RIN: 0648-XM83) received ing Sea and Aleutian Islands Management March 27, 2009, pursuant to 5 U.S.C. Under clause 2 of rule XIII, reports of Area [Docket No.: 071106673-8011-02] (RIN: committees were delivered to the Clerk 801(a)(1)(A); to the Committee on Natural 0648-XM81) received March 27, 2009, pursuant Resources. to 5 U.S.C. 801(a)(1)(A); to the Committee on for printing and reference to the proper 1731. A letter from the Acting Director, Of- Natural Resources. calendar, as follows: fice of Sustainable Fisheries, NMFS, Na- 1739. A letter from the Acting Director Of- Mr. GEORGE MILLER of California: Com- tional Oceanic and Atmospheric Administra- fice of Sustainable Fisheries, NMFS, Na- mittee on Education and Labor. H.R. 2187. A tion, transmitting the Administration’s final tional Oceanic and Atmospheric Administra- bill to direct the Secretary of Education to rule — Magnuson-Stevens Fishery Conserva- tion, transmitting the Administration’s final make grants to State educational agencies tion and Management Act Provisions; Fish- rule — Fisheries of the Caribbean, Gulf of for the modernization, renovation, or repair eries of the Northeastern United States; Mexico, and South Atlantic; Coastal Migra- of public school facilities, and for other pur- Northeast Multispecies Fishery; Reduction tory Pelagic Resources of the Gulf of Mexico poses; with an amendment (Rept. 111–100). of the Landing Limit for Eastern Georges and South Atlantic; Closure [Docket No.: Referred to the Committee of the Whole Bank Cod in the U.S./Canada Management 001005281-0369-02] (RIN: 0648-XM85) received House on the State of the Union. Area [Docket No.: 071004577-8124-02] (RIN: March 27, 2009, pursuant to 5 U.S.C. f 0648-XN46) received March 31, 2009, pursuant 801(a)(1)(A); to the Committee on Natural to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources. PUBLIC BILLS AND RESOLUTIONS Natural Resources. 1740. A letter from the Deputy Assistant 1732. A letter from the Acting Assistant Administrator for Regulatory Programs, Under clause 2 of rule XII, Administrator for Fisheries, NMFS, National NMFS, National Oceanic and Atmospheric Mr. MICHAUD introduced a bill (H.R. Oceanic and Atmospheric Administration, Administration, transmitting the Adminis- 2342) to amend title 38, United States transmitting the Administration’s final rule tration’s final rule — Taking of Marine Code, to direct the Secretary of Vet- — Fisheries of the Northeastern United Mammals Incidental to Commercial Fishing erans Affairs to establish a family States; Atlantic Deep-Sea Red Crab Fishery; Operations; Atlantic Large Whale Take Re- caregiver program to furnish support Emergency Rule [Docket No.: 090206152-9249- duction Plan [Docket No.: 0812101578-81580-01] services to family members certified 01] (RIN: 0648-AX61) received March 30, 2009, (RIN: 0648-XM23) received March 27, 2009, as family caregivers who provide per- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- sonal care services for certain dis- mittee on Natural Resources. mittee on Natural Resources. abled veterans, and for other pur- 1733. A letter from the Acting Director, Of- 1741. A letter from the Acting Assistant poses; which was referred to the Com- fice of Sustainable Fisheries, NMFS, Na- Administrator for Fisheries, NMFS, National mittee on Veterans’ Affairs. tional Oceanic and Atmospheric Administra- Oceanic and Atmospheric Administration, f tion, transmitting the Administration’s final transmitting the Administration’s final rule rule — Fisheries of the Northeastern United — Taking of Marine Mammals Incidental to ADDITIONAL SPONSORS States; Summer Flounder Fishery; Quota Commercial Fishing Operations; Atlantic Under clause 7 of rule XII, sponsors Transfer [Docket No.: 0809251266-81485-02] Large Whale Take Reduction Plan [Docket were added to public bills and resolu- (RIN: 0648-XN33) received March 30, 2009, pur- No.: 090115024-9027-01] (RIN: 0648-XM80) re- suant to 5 U.S.C. 801(a)(1)(A); to the Com- ceived March 27, 2009, pursuant to 5 U.S.C. tions as follows: mittee on Natural Resources. 801(a)(1)(A); to the Committee on Natural H.R. 13: Mr. GRAYSON. 1734. A letter from the Acting Assistant Resources. H.R. 450: Mrs. MYRICK. Administrator, NMFS, National Oceanic and 1742. A letter from the Acting Director Of- H.R. 621: Mr. LINDER, Mr. JORDAN of Ohio, Atmospheric Administration, transmitting fice of Sustainable Fisheries, NMFS, Na- Mr. DELAHUNT, and Mr. WESTMORELAND.

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H.R. 622: Mr. HODES, Mr. CASSIDY, and Mr. H.R. 1844: Mr. GOODLATTE, Mr. RAHALL, and H. Con. Res. 120: Mr. KAGEN. ROGERS of Kentucky. Mr. LOBIONDO. H. Res. 370: Mr. GRAYSON. H.R. 658: Mr. HODES. H.R. 1934: Mr. CONNOLLY of Virginia, Mr. H. Res. 378: Mr. CAO and Mr. GUTHRIE. H.R. 868: Mrs. NAPOLITANO. BLUNT, Mr. RYAN of Wisconsin, Mr. LARSEN H. Res. 397: Mr. POE of Texas and Mr. H.R. 914: Ms. SCHWARTZ and Mr. CRENSHAW. of Washington, and Ms. BERKLEY. STEARNS. H.R. 927: Mr. ROGERS of Kentucky. H.R. 2017: Mr. OBERSTAR, Mr. TEAGUE, Mr. H.R. 1050: Mr. ELLSWORTH and Mr. CASSIDY. EDWARDS of Texas, Mr. WALZ, and Mrs. f H.R. 1190: Mr. MORAN of Kansas. MYRICK. H.R. 1207: Mr. FLAKE, Mr. HASTINGS of H.R. 2035: Mr. CASSIDY. Washington, Mr. LANCE, Mr. GERLACH, Mr. H.R. 2150: Mr. CARNAHAN. CONGRESSIONAL EARMARKS, LIM- HARPER, and Mr. HARE. H.R. 2156: Mr. HINCHEY, Mr. KAGEN, Mr. ITED TAX BENEFITS, OR LIM- H.R. 1210: Mr. CARNAHAN and Mr. ELLS- MURPHY of Connecticut, Ms. LORETTA SAN- ITED TARIFF BENEFITS WORTH. CHEZ of California, and Ms. WASSERMAN H.R. 1238: Mr. ROGERS of Michigan. SCHULTZ. Under clause 9 of rule XXI, lists or H.R. 1452: Mr. CARNAHAN. H.R. 2187: Mr. CUELLAR. statements on congressional earmarks, H.R. 1470: Mr. CALVERT. H.R. 2251: Mr. HIGGINS, Ms. JACKSON-LEE of limited tax benefits, or limited tariff H.R. 1548: Mr. WALDEN. Texas, and Mr. KIND. benefits were submitted as follows; H.R. 1552: Mr. ALTMIRE, Mr. PATRICK J. H.R. 2296: Mr. SMITH of Texas, Mr. CANTOR, MURPHY of Pennsylvania, Ms. TITUS, and Mr. Mr. GENE GREEN of Texas, Mr. FRANKS of Ar- The amendment to be offered by Rep- PAULSEN. izona, and Mr. MILLER of Florida. resentative GEORGE MILLER of California or a H.R. 1716: Mr. ELLSWORTH. H.J. Res. 11: Mr. BILBRAY. designee to H.R. 2187, the 21st Century Green H.R. 1721: Mr. CARSON of Indiana. H. Con. Res. 105: Mr. PUTNAM, Mr. GORDON High-Performing Public School Facilities H.R. 1727: Mr. CALVERT. of Tennessee, Mr. BOOZMAN, and Mr. Act, does not contain any congressional ear- H.R. 1799: Mr. SCHOCK and Mr. MINNICK. REICHERT. marks, limited tax benefits, or limited tariff H.R. 1802: Mr. FRANKS of Arizona. H. Con. Res. 108: Mr. KIRK and Ms. benefits as defined in clause 9(d), 9(e), or 9(f) H.R. 1826: Mr. MASSA. DELAURO. of Rule XXI.

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The Senate met at 2 p.m. and was EXTENSION OF MORNING the Federal Deposit Insurance Corpora- called to order by the Honorable MARK BUSINESS tion and calls for setting up a bipar- R. WARNER, a Senator from the Com- Mr. REID. Mr. President, I ask unan- tisan 9/11-type commission to take a monwealth of Virginia. imous consent that we extend morning look at what has happened, what business until 3:30 rather than 3 caused the financial breakdown. It is PRAYER o’clock. offered by Senators CONRAD and ISAK- The Chaplain, Dr. Barry C. Black, of- The ACTING PRESIDENT pro tem- SON. We need to finish that legislation fered the following prayer: pore. Without objection, it is so or- before we go. That would just be a mes- Let us pray. dered. sage from the House, which is amend- Gracious God, without You, we are f able, but it would only require one clo- but disappearing dust. Draw near to ture vote. our Senators, for in Your presence, SCHEDULE So, anyway, I just wanted to alert ev- they find their dignity and destiny. Mr. REID. After leader remarks, if eryone that unless we work something Breathe into them an awareness of there are any, we will be in a period of out in the next little bit, we will have Your presence and the saving knowl- morning business until 3:30. Following to have votes on Monday. It was origi- edge that they belong to You. May this morning business, the Senate will pro- nally announced to be a no-vote day. awareness inspire them to walk the ceed to the consideration of the credit f card legislation. Under a previous days of their years in service to You HAPPY BIRTHDAY JIM JEFFORDS and humanity. Lord, help them to re- order, Senators DODD and SHELBY will member that You are changeless, nor is be recognized. Senator DODD will offer Mr. REID. Mr. President, a former there any variableness in Your judg- the Dodd-Shelby substitute amend- colleague of ours celebrates a mile- ment and mercy. Remind them also ment. There will be no rollcall votes stone today. Jim Jeffords, who served that they can depend on You for the today. his country in the military for many vindication of every just cause and the While we are talking about the decades and the people of Vermont and forgiveness of every confessed sin. May schedule, I haven’t had the opportunity Congress for 32 years—and he did so on they trust You to give them strength yet to speak to the Republican leader, both sides of the aisle, over there and to work today, free of fretting and frus- but I will as soon as we can work out over here—was born 75 years ago today. tration. a time to visit today. It appears that Jim Jeffords, of course, was a lifelong We pray in Your Holy Name. Amen. we have no alternative but to have Vermonter. His father was the chief votes next Monday. We have a number justice of the Vermont Supreme Court, f of nominations. I have to file cloture and Jim Jeffords graduated from PLEDGE OF ALLEGIANCE on all of them. It doesn’t work out oth- Vermont public schools, Yale Univer- erwise. There are certain things we sity, and Harvard school. He was a very The Honorable MARK R. WARNER led smart man, as indicated with his aca- the Pledge of Allegiance, as follows: have to do before we go. We have the credit card legislation. We need to do demic background. I pledge allegiance to the Flag of the the supplemental appropriations bill. I He served for 35 years in the U.S. United States of America and to the Repub- am confident we can work something Navy and Naval Reserve until he re- lic for which it stands, one nation under God, tired as captain while still sitting as a indivisible, with liberty and justice for all. out on that. That should go fairly quickly. The only thing that I see that Senator. During Jim Jeffords’ time in f could cause some concern is the closing the Senate, he did much to ensure chil- APPOINTMENT OF ACTING of Guantanamo. Senator MCCAIN, Sen- dren could get a good education, that PRESIDENT PRO TEMPORE ator Obama, during the campaign, indi- they could get a job when they grad- uated from school. He cared deeply for The PRESIDING OFFICER. The cated they thought it should be closed. I agree with them. The issue is what we the environment and for people with clerk will please read a communication disabilities. He served during his last to the Senate from the President pro do with the prisoners who are there. What the House has done is just have years in the Senate as chairman of the tempore (Mr. BYRD). nothing in the bill. What Senator Environment and Public Works Com- The legislative clerk read the fol- mittee. He was one of the leaders who lowing letter: INOUYE and Senator COCHRAN have done, or they will do—I guess they will pushed the United States to lead a hu- U.S. SENATE, mark it up Thursday—Senator INOUYE manitarian mission to Rwanda during PRESIDENT PRO TEMPORE, told me they were going to fence the the country’s terrible genocide. Of Washington, DC, May 11, 2009. course, Senator Jeffords also single- To the Senate: money so it wouldn’t be available until Under the provisions of rule I, paragraph 3, the President came up with a plan and handedly shifted the balance of power of the Standing Rules of the Senate, I hereby that there be no prisoners brought to in this body when, in 2001, he became appoint the Honorable MARK R. WARNER, a the United States during this fiscal an Independent and caucused with Senator from the Commonwealth of Vir- year. But that looks like an issue that Democrats. It was a very courageous ginia, to perform the duties of the Chair. could cause a little bit of debate. thing for Jim to do. ROBERT C. BYRD, I have laid out what the two issues As we have read in the history books, President pro tempore. are and how we are trying to resolve it wasn’t easy for him to do this. It Mr. WARNER thereupon assumed the them, but we are going to have to have cost him friends, supporters, even some chair as Acting President pro tempore. votes next Monday. We have a number of his own staff. When he announced f of nominations. I have tried lots of dif- his decision, Senator Jeffords said: ferent ways to get them done. But it The weight that has been lifted from my RECOGNITION OF THE MAJORITY appears the only thing we can do is file shoulders now hangs heavy on my heart. LEADER cloture. There are three we have to do. He knew the impact his decision The ACTING PRESIDENT pro tem- There is legislation that we need to would have on the people around him, pore. The majority leader is recog- complete because of what is happening and he cared deeply about that. At the nized. in the financial world that deals with time that he did this, it was a very

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

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Senator If we are truly to get our economy cession. It is our job to protect them Jeffords’ family threw him a small back on its feet, we must protect peo- from losing even more. birthday party this past weekend. His ple like Shelley and the millions of This legislation will not only level son Leonard, his daughter Laura, his Americans who use credit cards for ev- the playing field and keep the rules grandson Patrick, and his grand- erything from buying a sandwich to consistent from beginning to end, it daughter Hazel were all there. paying for college. Chairman DODD and can also save families thousands of dol- I don’t have nearly the voice in any ranking member SHELBY have drafted a lars a year. way that Senator Jeffords had. For bill that puts fairness and common Shelley, the woman I told the story many years he was a member of our sense back into credit cards and pro- about—the Nevada woman who told me very own barbershop quartet, the Sing- tects consumers from excessive fees, about her frustrations with her credit ing Senators. So I will not break out in ever-changing interest rates, and com- card company, wrote: song, but on behalf of the entire Sen- plex contracts seemingly designed to I feel like I am being robbed by a ate, we wish our friend Jim Jeffords a do one thing above all—to keep people company that my tax dollars are try- very happy 75th birthday. in the dark and in debt. ing to bail out. Mr. President, I do not remember f In short, this bill we will be taking up this afternoon at 3:30 cleans up the much from my trip to Ash Fork, AZ, CREDIT CARD REFORM fine print so consumers can’t get other than my brother’s future broth- Mr. REID. Mr. President, when I was blindsided by the credit card compa- er-in-law kept changing the rules in just a boy—as I look back, I really nies. the middle of the game. That is what don’t know how old I was, probably 10, More and more Americans sign for the credit card companies are doing, maybe 11—one of my older brothers, 10 and use credit cards every day. Three and that is what we have to stop. We years older—a wonderful man; he died out of five credit card users carry a must protect those who play by the at age 47; he was a young man, not long balance on their card. There is nothing rules because it is not just their credit out of high school—worked for the wrong with that. That balance aver- at stake, it is our country’s credibility. Standard station in Ash Fork, AZ, ages more than $7,000. That is what the I think at this stage, it is the Senate’s which was quite a ways from Search- average is. But they are using credit credibility. The bill that passed the light. I had never really been anyplace. cards that have misleading terms and House arrived over here with 377 votes. My brother, being the great big brother confusing conditions. This is a bipartisan bill. It is some- he was, wanted me to see someplace A recent study by the Pew Trust thing we need to do. We need to do it other than Searchlight. So I went and Foundation found that 100 percent of as quickly as possible. spent a couple weeks with him in Ash credit cards came with policies that f Fork, AZ. For me, it was a real eye- the Federal Reserve has determined RESERVATION OF LEADER TIME opening thing. I had never really trav- cause harm to consumers—not 50 per- The ACTING PRESIDENT pro tem- eled anyplace. He drove us over there. cent, not 60 percent, not 75 percent, 100 pore. Under the previous order, the The one thing he didn’t bother to tell percent. And 93 percent of those con- leadership time is reserved. me is that he had a girlfriend, and so tracts said the credit card company he spent a lot of time when he was not could raise the interest rate anytime f working with his girlfriend. He still for any reason. Here are just a few of MORNING BUSINESS kept an eye on me and took good care the things the legislation that will The ACTING PRESIDENT pro tem- of me, but I spent most of my time soon be before the Senate does to fix pore. Under the previous order, the with his girlfriend’s brother. His that. Senate will proceed to a period of girlfriend’s brother was older than I First, it protects consumers by estab- morning business until 3:30 p.m., with was. We would play games. There lishing fair and sensible rules for how Senators permitted to speak for up to wasn’t much he could do better than and when credit card companies can 10 minutes each. me. But I rarely won anything because raise interest rates. Credit card compa- The Senator from Tennessee. he kept changing the rules in the mid- nies must give a 45-day notice before f dle of the game. I have always remem- increasing rates and can no longer do bered that. It is hard to win a game so on existing balances. WISHING SENATOR JIM JEFFORDS when the rules keep changing. Second, it cracks down on abusive HAPPY BIRTHDAY The reason I mention that little per- fees. For example, consumers no longer Mr. ALEXANDER. Mr. President, I sonal vignette is, what do you do when will have to pay a fee just to pay a bill. would like to join the majority leader you play by the rules but the rules That happens. And credit card compa- in wishing happy birthday to Jim Jef- change in the middle of the game? nies must mail statements 21 days be- fords. Jim is a friend of all of ours. I There is a woman in Nevada named fore the bill is due so cardholders can see the Senator from Arizona in the Shelley. Like millions of Americans, avoid these hefty late charges. Chamber. We all served together. I she pays her credit card bill in full Third, it protects young consumers served with Senator Jeffords when I every month. She has never been late. such as college students from preda- was Education Secretary and he was Whatever they say is the minimum tory marketers. ranking member of the Education payment, she at least makes that pay- It strengthens oversight of the credit Committee. We all know his deep con- ment and sometimes more. She is the card industry to keep it in line. cern for education, especially for chil- model of what credit card companies For every greedy executive and devi- dren with disabilities. We wish him the call ‘‘in good standing.’’ ous con artist, there are millions of very best on his 75th birthday. But Shelley recently was told that honest, hardworking Americans who f the interest rate on her card was going struggle every day to simply make up from 9.5 percent to 17.5 percent; her ends meet. They worry every morning INVESTIGATING INTERROGATION rate was almost doubling. For reasons about how much longer their job will TACTICS unknown to her, she could not under- be there and every night about how to Mr. ALEXANDER. Mr. President, stand this. So Shelley asked to close keep their families healthy and keep a even though President Obama has said

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When swers. airplanes were on their way to kill we debated it in the Senate in 2005, I There being no objection, the mate- even more Americans. was among those Senators, including rial was ordered to be printed in the These interrogation tactics are now Senator MCCAIN, who disagreed with RECORD, as follows: well known. They had been approved the administration. We believed it was ALEXANDER-HOLDER EXCHANGE ON IN- by the National Security Council, ap- Congress’s constitutional responsi- VESTIGATION OF INTERROGATION proved by the Department of Justice, bility to set the rules for dealing with TACTICS were known to senior Democratic and detainees and we helped enact a law re- HEARING OF THE APPROPRIATIONS SUB- Republican Members of Congress who, quiring that techniques used by the COMMITTEE ON COMMERCE, JUSTICE, AND SCIENCE TRANSCRIPT, MAY 7, 2009 CIA records now show, were briefed military should be limited to those in some 40 times. The CIA has not used the Army Field Manual. But showing Senator ALEXANDER: I have a few questions the tactics in question for several about the interrogation of enemy combat- videotapes of even those techniques ants. I thought President Obama’s first in- years. They are not being used today. will not be a pretty sight. stinct was a good one when he said that we The Congress has since enacted laws Public officials, of course, should fol- should look forward, but apparently not ev- that make clear that interrogation tac- low the law. But it is not necessary to eryone agrees with that. I notice that a tics used by the military are limited to have a circus to determine whether the member of the House of Representatives yes- those contained in the Army Field law was followed. terday said that she wanted a full, top-to- Manual. The President extended those If there is to be a broader investiga- bottom, criminal investigation. These are same limitations to intelligence agen- my questions: 1) What directions or guidance tion than currently is underway, it have you received from the President or his cies this year by Executive order. must be fair and evenhanded and lead The President is following his own representatives or anyone in the White wherever it may lead—perhaps to intel- House concerning the interrogation of enemy advice about looking forward by asking ligence officers, perhaps to administra- combatants? the National Security Council to re- tion officials, perhaps to Members of Attorney General HOLDER: Well, as we have view what tactics would be appropriate Congress. The Attorney General him- indicated, for those people who were in- when terrorists are captured who self needs to be willing to say what he volved in the interrogation and relied upon, might have information about immi- in good faith and adhered to the memoranda knew and when he knew it and what he created by the Justice Department’s Office nent attacks on Americans. The Senate did about renditions during the Clinton Intelligence Committee is conducting of Legal Counsel, it is our intention not to administration when he was Deputy prosecute and not to investigate those peo- its own review of tactics and is consid- Attorney General. ple. I have also indicated that we will follow ering expanding the briefing process for Obsessively looking in the rear view the law and the facts and let that take us interrogation tactics. mirror could consume our Nation’s wherever it may. A good prosecutor can only Despite these investigations, some every waking moment. There is plenty say that. So, I think those are the general still say, let’s have ‘‘a full-blown crimi- about America’s history that, in retro- ways in which we view this issue. nal’’ investigation. Senator ALEXANDER: My second question spect, we wish had not happened: Su- That raises these questions: Inves- would be: Should you follow these facts and preme Court decisions barring Blacks tigation of whom? Where do we draw continue in an investigation if you’re inves- the line? Where is the logical place to from public facilities, Congress filibus- tigating lawyers at the Department of Jus- tering anti-lynching laws, excluding tice who wrote legal opinions authorizing stop? certain interrogations, wouldn’t it also be On Thursday, I asked these questions Jews from major institutions, denying women the right to vote, incarcerating appropriate to investigate the CIA employ- of the Attorney General, Eric Holder, ees or contractors or other people from intel- at a Senate Appropriations Committee Japanese Americans during World War ligence agencies who asked or created the in- hearing. He found it difficult to give II. terrogation techniques or officials in the me specific answers. We have dealt with those instances Bush Administration who approved them or To begin with, the Attorney General best by acknowledging and correcting what about members of Congress who were did not answer my question about what them, not wallowing in them by recog- informed of them or knew about them or ap- directions he had received from the nizing that the United States has al- proved them or encouraged them? Wouldn’t ways been a work in progress toward they also be appropriate parts of such an in- White House concerning interroga- vestigation? tions. great goals, rarely achieving them, Attorney General HOLDER: Well, there is, Then, he would only answer ‘‘hypo- often falling back, but always trying. as has been publicly reported, an OPR in- thetically’’ when I asked if we are In fact, the late political scientist quiry into the work of the attorneys who going to investigate lawyers for giving Samuel Huntington has written that prepared those OLC memoranda. It is not in their opinions, shouldn’t we also inves- most of our political debates are about final form yet and I have not reviewed that tigate intelligence agents who created dealing with the disappointment of not report. I will look at that report and make a meeting great goals we have set for determination as to what we want to do with the interrogation techniques and asked it. It deals, I suspect, not only with the at- for the opinions, or officials who ap- ourselves. torneys, but people that they interacted proved the techniques, or Members of Then there is the thoroughly prac- with, so I think we will gain some insights Congress who knew about or approved tical question of who will want to serve by reviewing that report. Our desire is not to or even encouraged the interrogation in public life in Washington, DC, if the do anything that would be perceived as polit- tactics? first thing a newly elected administra- ical or partisan. We do want to report, to the The Attorney General could not re- tion does is to try to discredit, disbar, extent that we can do that, but as I said, my member whether he knew or approved or indict all those with whom it dis- responsibility is to enforce the laws of this agrees in the last administration. nation and to the extent that we see viola- of renditions that occurred during the tions of those laws, we will take the appro- Clinton administration when he was Some of that damage already has been priate action. Deputy Attorney General—renditions done. Senator ALEXANDER: If you’re going to in- that took captured terrorists to other For all these reasons, I would hope vestigate the lawyers whose opinion was countries, for example, perhaps to the President will follow his first in- asked about whether this is legal or not, I Egypt, for custody, maybe for interro- stinct and insist that we go forward as would assume you could also go to the people gation. He did not say what pre- a country—focus on the economy, on who created the techniques, the officials who the banks and the auto companies, on approved them, and the members of Congress cautions he took to make sure these who knew about them and may have encour- renditions followed the law. health care and energy, on a Supreme aged them. The Attorney General’s unresponsive Court Justice, and two wars in which Attorney General HOLDER: Hypothetically answers and poor memory suggest our men and women are serving. that might be true, I don’t know. What I

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Senator ALEXANDER: My last question is, before the House Committee on For- (C) After 9/11, and under President Bush, once we begin this process, where is the line eign Affairs of Michael F. Scheuer, rendered al-Qaeda operatives have most drawn? According to former intelligence offi- former Chief of the CIA’s Bin Laden often been kept in U.S. custody. The goals of cials, renditions, and by renditions we mean Unit, in which he says: the program remained the same, although moving captured people from our country to The CIA’s rendition program began Mr. Bush’s national security team wanted to another country where they might be inter- in late summer, 1995. I authored it, and use U.S. officers to interrogate captured al- rogated or even worse. Those renditions were then ran and managed it against al- Qaeda fighters. used by the Clinton Administration begin- Qaeda leaders and other Sunni (1) This decision by the Bush administra- ning in the mid-1990s to investigate and dis- tion allowed CIA to capture al-Qaeda fight- rupt al-Qaeda. That’s the testimony before Islamists from August 1995 until June ers we knew were a threat to the United Congress by Michael Shoyer. He said they 1999. States without on all occasions being de- began in the late summer of 1995, ‘‘I au- There being no objection, the mate- pendent on the availability of another coun- thored it, I ran it, I managed it against al- rial was ordered to be printed in the try’s outstanding legal process. This decision Qaeda leaders.’’ The Washington Post says RECORD, as follows: made the already successful Rendition Pro- the former director of the Central Intel- STATEMENT BEFORE THE HOUSE COMMITTEE ON gram even more effective. ligence Agency, George Tenet, said there FOREIGN AFFAIRS, SUBCOMMITTEE ON INTER- (D) The following particulars about the were about seventy renditions carried about NATIONAL ORGANIZATIONS, HUMAN RIGHTS, Rendition Program may be of interest to before Sept. 11, 2001; most of them during the AND OVERSIGHT SUBCOMMITTEE ON EUROPE you. Clinton years. Mr. Attorney General, you EXTRAORDINARY RENDITION IN U.S. COUNTER (1) From its start until today, the Program were the Deputy Attorney General from 1997– TERRORISM POLICY: THE IMPACT ON TRANS- was focused on senior al-Qaeda leaders and 2001. Did you know about these renditions? ATLANTIC RELATIONS not aimed at the rank-and-file members. Did you or anyone else at the Department of With only limited manpower to conduct the (Statement by Michael F. Scheuer, Former Justice approve them? What precautions Rendition Program, CIA wanted to inflict as Chief, Bin Laden Unit, CIA, Apr. 17, 2007) were taken to ensure these renditions, any much damage on al-Qaeda as possible and interrogations of such detainees on by or be- THE RENDITION PROGRAM therefore focused on senior leaders, fin- half of the US Government complied with The CIA’s Rendition Program began in late anciers, terrorist operators, field com- the law? summer, 1995. I authored it, and then ran and manders, strategists, and logisticians. Attorney General HOLDER: I think the con- managed it against al-Qaeda leaders and (2) To the best of my knowledge, not a sin- cern that we have with renditions is ren- other Sunni Islamists from August, 1995, gle target of rendition has ever been kid- ditions to countries that would not treat sus- until June, 1999. napped by CIA officers. The claims to the pects in a way that’s consistent with the (A) There were only two goals for the pro- contrary by the Swedish government regard- laws and treaties that we have signed. If gram: ing Mr. Aghiza and his associate, and those there is a rendition taking a person to a (1) Take men off the street who were plan- by the Italian government regarding Abu place where that person might be tortured? ning or had been involved in attacks on U.S. Omar, are either misstatements or lies by That’s the kind of rendition that I think is or its allies. those governments. inappropriate. My memory of my time in the (2) Seize hard-copy or electronic docu- —Indeed, it is passing strange that Euro- Clinton Administration, I don’t believe that ments in their possession when arrested; pean leaders are here today to complain we did that—that we had renditions where Americans were never expected to read about very successful and security enhancing people were taken to places where we had them. U.S. Government counterterrorism oper- (3) Interrogation was never a goal under any reasonable belief that they were going to ations, when their European Union (EU) pre- President Clinton. Why? be tortured. That would be the concern that sides over the earth’s single largest terrorist —Because it would be a foreign intel- I would have. I wouldn’t want to restrict the safe haven, and has done so for a quarter ligence or security service without CIA ability of our government to use all the tech- century. The EU’s policy of easily attainable present or in control. niques that we can to keep the American —Because the take from the interrogation political asylum and its prohibition against people safe, but in using those tools, we have would be filtered by the service holding the deporting wanted or convicted terrorists to to do so in a way that’s consistent with our individual, and we would never know if it country’s with the death penalty have made treaty obligations and values as a nation. was complete or distorted. Europe a major, consistent, and invulnerable Senator ALEXANDER: But I think you can —Because torture might be used and the source of terrorist threat to the United see the line of my inquiry which is that if information might be simply what an indi- States. we’re going to ask lawyers who were asked vidual thought we wanted to hear. (3) Each and every target of a rendition their legal opinions, if we’re going to inves- (B) The Rendition Program was initiated was vetted by a battery of lawyers at CIA tigate them, jeopardize their career, second because President Clinton, and Messrs. Lake, and not infrequently by lawyers at the Na- guess them, look back, then where does that Berger, and Clarke requested that the CIA tional Security Council and the Department stop? Do we not also have to look at the peo- begin to attack and dismantle AQ. These of Justice. For each rendition target, I, and ple who asked for those techniques, people men made it clear that they did not want to then my successors as the chief of the bin who approved those techniques, the members bring those captured to the U.S. and hold Laden/al-Qaeda operations, had to prepare of Congress who knew about and encouraged them in U.S. custody. and present a written brief citing and ex- those techniques perhaps, or in your case, in (1) President Clinton and his national secu- plaining the intelligence information that the Clinton Administration, we don’t know rity team directed the CIA to take each cap- made the rendition target a threat to the what the interrogations were then. Perhaps tured al-Qaeda leader to the country which United States and/or its allies. If the brief you do and perhaps the question would be had an outstanding legal process for him. persuaded the lawyers, the operation went whether you approved them. I prefer Presi- This was a hard-and-fast rule which greatly ahead. If the brief was insufficient, the law- dent Obama’s approach. I think it’s time to restricted CIA’s ability to confront al-Qaeda yers disapproved and no operation was con- look forward and I hope he sticks to that because we could only focus on al-Qaeda ducted against that target until additional point of view. leaders who were wanted somewhere. As a re- reliable evidence was collected. Attorney General HOLDER: Well, I will note sult many al-Qaeda fighters we knew were —Let me be very explicit and precise on that the OPR inquiries we’ve done in the dangerous to America could not be captured. this point. Not one single al-Qaeda leader prior administration, and also note that I’m (2) CIA warned the president and the Na- has ever been rendered on the basis of any a prosecutor. I’ve been a career prosecutor tional Security Council that the U.S. State CIA officer’s ‘‘hunch’’ or ‘‘guess’’ or ‘‘ca- and I hope a good one. A good prosecutor Department had and would identify the price.’’ These are scurrilous accusations that uses the discretion that he or she has in an countries to which the captured fighters became fashionable after the Washington appropriate way and has the ability to know were being delivered as human rights abus- Post’s correspondent Dana Priest revealed how far an inquiry needs to go to satisfy the ers. information that damaged U.S. national se- obligations that that prosecutor has without (3) In response, President Clinton et. al curity and, as result, won a journalism prize needlessly dragging into an investigation at asked if CIA could get each receiving coun- for abetting America’s enemies, and when great expense, both personal and profes- try to guarantee that it would treat the per- such lamentable politicians as Senators sional, people who should not be there and son according to its own laws. This was no McCain, Rockefeller, Graham, and Levin fol- that will be the kind of judgment that I hope problem and we did so. lowed Ms. Priest’s lead and began to attack

VerDate Mar 15 2010 08:45 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR09\S11MY9.000 S11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12076 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 11, 2009 the men and women of CIA who had risked Mr. ALEXANDER. Mr. President, I For most people, the multinational com- their lives to protect America under the di- yield the floor. pany is a troubling concept. Loyalty mat- rect orders of two U.S. presidents and with The ACTING PRESIDENT pro tem- ters. We like to think that ‘‘our companies’’ the full knowledge of the intelligence com- pore. The Senator from Arizona. serve the broad national interest rather than mittees of the United States Congress. Both just scouring the world for the cheapest Ms. Priest and the gentlemen just mentioned f labor, the laxest regulations and the lowest have behaved disgracefully, and ought to TAX BURDEN AND BAILOUTS taxes. And the tax issue is especially vexing: publicly apologize to the CIA’s men and How should multinationals be taxed on the women who have executed the Rendition Mr. KYL. Mr. President, first, I profits they make outside their home coun- Program. would like to ask unanimous consent tries? (4) To proceed, the Rendition Program has that two op-eds be printed in the Listen to President Obama, and the status been the single most effective counterter- RECORD. Let me identify them both. quo seems a cesspool. Pervasive ‘‘loopholes’’ rorism operation ever conducted by the The first is a piece in the Washington engineered by ‘‘well-connected lobbyists’’ United States government. Americans are Post of today by Robert Samuelson, ti- allow U.S. multinationals to skirt American safer today because of the program, but that tled ‘‘Tax Dodge Myths.’’ I think he is taxes and outsource jobs to low-tax coun- degree of safety will ebb as the Senators just tries. So the president proposes plugging mentioned slowly but surely destroy the pro- one of the best economists and writers loopholes. Some jobs will return to the gram. If there are those in this Congress, in in this country. He always has some- United States, he said, and U.S. tax coffers the media, in this country, or in Europe who thing very useful to say, and his col- will grow by $210 billion over the next dec- believe that we would be safer if Khalid umn today made the point that it ade. Shaykh Muhammed, Abu Zubaydah, Mr. would be folly for the United States to Sounds great—and that’s how the story Hambali, Ibn Shaykh al-Libi, Khalid bin add a tax burden on American corpora- played. ‘‘Obama Targets Overseas Tax Attash, and several dozen other senior al- tions such as Coca-Cola, IBM, Micro- Dodge,’’ headlined The Post. But the reality Qaeda leaders were still free and on the soft, Caterpillar—companies like is murkier; the president’s accusatory rhet- street, then the educational systems and the oric perpetuates many myths. reservoirs of common sense on both sides of that—that are multinational in the Myth: Aided by those overpaid lobbyists, the Atlantic are in much more dilapidated sense that they do business here but American multinationals are taxed lightly— shape than I thought. also do business in other countries. less so than their foreign counterparts. (5) On the issue of how rendered al-Qaeda It simply makes no sense to add a tax Reality: Just the opposite. Most countries leaders have been treated in prison, I am un- burden onto them as if they are doing don’t tax the foreign profits of their multi- able to speak with authority about the con- something unpatriotic by selling our national firms at all. Take a Swiss multi- ditions these men found in the Middle East- products in other countries as well as national with operations in South Korea. It ern prisons they were delivered to at Presi- in the United States. pays a 27.5 percent Korean corporate tax on dent Clinton’s direction. I would not, how- The other is a piece called ‘‘The its profits and can bring home the rest tax- ever, be surprised if their treatment was not free. By contrast, a U.S. firm in Korea pays up to U.S. standards, but this is a matter of Chrysler Power Grab.’’ It was carried the Korean tax and, if it returns the profits no concern as the Rendition Program’s goal in the Arizona Republic on May 6 of to the United States, faces the 35 percent was to protect America and the rendered this year and was written by the finest U.S. corporate tax rate. American companies fighters delivered to Middle Eastern govern- columnist in Arizona. His name is Bob can defer the U.S. tax by keeping the profits ments are now either dead or in places from Robb. abroad (naturally, many do), and when repa- which they cannot harm America. Mission In this column, he notes the irony of triated, companies get a credit for foreign accomplished, as the saying goes. the fact that the United States has taxes paid. In this case, they’d pay the dif- Under President Bush, the rendered al- been bailing out two American compa- ference between the Korean rate (27.5 per- Qaeda fighters held in U.S. custody have cent) and the U.S. rate (35 percent). been treated according to guidelines that nies—Chrysler and General Motors—for Myth: When US. multinationals invest were crafted by U.S. government lawyers, the purpose of saving American jobs, abroad, they destroy American jobs. approved by the Executive Branch, and when in point of fact it looks as though Reality: Not so. Sure, many U.S. firms briefed to and permitted by at least the four a lot of the results of this action are have shut American factories and opened senior members of the two congressional in- going to be to transfer jobs to other plants elsewhere. But most overseas invest- telligence oversight committees. countries and ironically to compete ments by U.S. multinationals serve local (6) Finally, I will close by saying that mis- with companies that may be owned markets. Only 10 percent of their foreign takes may well have been made during my abroad, such as Toyota, but have a lot output is exported back to the United tenure as the chief of CIA’s bin Laden oper- States, says Harvard economist Fritz Foley. ations, and, if there were errors, they are my of American workers. He talks about When Wal-Mart opens a store in China, it responsibility. Intelligence information is the fact that Fiat, an Italian company, doesn’t close one in California. On balance, not the equivalent of court-room-quality evi- is hard to distinguish from Toyota, a all the extra foreign sales create U.S. jobs dence, and it never will be. But I will again Japanese company, but we are appar- for management, research and development stress that no rendition target was ever ap- ently saving the jobs for Fiat but not (almost 90 percent of American multi- proved or captured without a written brief those for Toyota. nationals’ R&D occurs in the United States), composed of intelligence information that In any event, I think these are two and the export of components. A study by persuaded competent U.S. government legal interesting columns, and I ask unani- Foley and economists Mihir Desai of Harvard authorities. If mistakes were made, I can mous consent that they be printed in and James Hines of the University of Michi- only say that that is tough, but war is a gan estimates that for every 10 percent in- tough and confusing business, and a well- the RECORD. crease in U.S. multinationals’ overseas pay- supported chance to take action and protect There being no objection, the mate- rolls, their American payrolls increase al- Americans should always trump other con- rial was ordered to be printed in the most 4 percent. siderations, especially pedantic worries RECORD, as follows: Myth: Plugging overseas corporate tax about whether or not the intelligence data is [From the Washington Post, May 11, 2009] loopholes will dramatically improve the air tight. budget outlook as multinationals pay their —To destroy the Rendition Program be- TAX DODGE MYTHS ‘‘fair’’ share. cause of a mistake or two or more would be (By Robert J. Samuelson) Reality: Dream on. The estimated $210 bil- to sacrifice the protection of Americans to The U.S. tax code is ‘‘full of corporate lion revenue gain over 10 years—money al- venal and prize-hungry reporters like Ms. loopholes that makes it perfectly legal for ready included in Obama’s budget—rep- Priest, grandstanding politicians like those companies to avoid paying their fair resents only six-tenths of 1 percent of the mentioned above, and effete sanctimonious share.’’—President Obama, May 4. decade’s tax revenue of $32 trillion, as pro- Europeans who take every bit of American Like it or not, ours is a world of multi- jected by the Congressional Budget Office. protection offered them while publicly national companies. Almost all of America’s Worse, the CBO reckons that Obama’s end- damning and seeking jail time for those who brand-name firms (Coca-Cola, IBM, Micro- less deficits over the decade will total a gut- risk their lives to provide the protection. If soft, Caterpillar) are multinationals, and the wrenching $9.3 trillion. the Rendition Program is halted, we will process works both ways. In 2006, the U.S. Whether Obama’s proposals would create truly be able to say, by paraphrasing the late operations of foreign firms employed 5.3 mil- any jobs in the United States is an open film actor John Wayne, that: War is tough, lion workers. Fiat’s looming takeover of question. In highly technical ways, Obama but it is a lot tougher if you are deliberately Chrysler reminds us again that much busi- would increase the taxes on the foreign prof- stupid. ness is transnational. its of U.S. multinationals by limiting the use

VerDate Mar 15 2010 08:45 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR09\S11MY9.000 S11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 11, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 12077 of today’s deferral and foreign tax credit. Chrysler has $6.9 billion in secured debt. But people who served previously in Taxing overseas investment more heavily, Under the law, secured lenders have the first the Clinton administration, obviously the theory goes, would favor investment in claim on the assets of the debtor in the event those who served in the Congress and the United States. of non-payment. But many experts believe his proposals The Obama administration is attempting knew something about what went on, would actually destroy U.S. jobs. Being more to muscle past this law. Under its proposal, would certainly have to be prepared to heavily taxed, American multinational firms the health care trust of the auto workers’ defend themselves under these cir- would have more trouble competing with Eu- union, an unsecured creditor, would forgive cumstances as well. It is just an un- ropean and Asian rivals. Some U.S. foreign 57 percent of what Chrysler owes it, and re- seemly way, it seems to me—and I operations might be sold to tax-advantaged ceive 55 percent of the company’s equity in agree with my colleague from Ten- foreign firms. Either way, supporting oper- exchange. The federal government would for- nessee—for the U.S. Government to be give about a third of what it would loan ations in the United States would suffer. conducting its business. So I commend ‘‘You lose some of those good management Chrysler and receive 8 percent of the com- and professional jobs in places like Chicago pany’s equity. Fiat would pay nothing for its my colleague, Senator ALEXANDER, for and New York,’’ says Gary Hufbauer of the 20 percent initial ownership. his statement. Peterson Institute. The secured creditors, with the first claim f Including state taxes, America’s top cor- on Chrysler’s assets, were asked to forgive 70 porate tax rate exceeds 39 percent; among percent of what they are owed and receive GUANTANAMO BAY wealthy nations, only Japan’s is higher nothing in equity. When they refused and Mr. KYL. Mr. President, on a related (slightly). However, the effective U.S. tax forced the company into bankruptcy, they matter, the Guantanamo Bay deten- rate is reduced by preferences—mostly do- were excoriated by Obama—a shameful act by a president who pledged to uphold the tion facility and what we do about mestic, not foreign—that also make the sys- that—as everyone knows, our Presi- tem complex and expensive. As Hufbauer law, not make it up as he went along. suggests, Obama would have been better ad- The purposed GM restructuring is equally dent fulfilled a campaign promise when vised to cut the top rate and pay for it by si- lopsided. The union trust would forgive half he issued an Executive order to close multaneously ending many preferences. That of what it is owed and receive 39 percent of the Guantanamo Bay detention facil- would lower compliance costs and involve the company. The government would forgive ity. fewer distortions. But this sort of proposal half of what it is owed and receive 50 percent Both President Bush and Secretary of the company. The other private lenders, in would have been harder to sell. Obama sac- Gates had wanted to close it, but they rificed substance for grandstanding. this case unsecured, would forgive 100 per- cent of what they are owed and receive just were confronted with a very difficult [From the Arizona Republic] 10 percent of the company. problem: what to do with the prisoners In his recent press conference, Obama said at the facility. THE CHRYSLER POWER GRAB he had no interest in owning or operating car President Obama now faces that The proposed end games for General Mo- companies. Until this point, I was willing to tors and particularly Chrysler illustrate why same dilemma. Campaign rhetoric, it accept Obama at his word, while fundamen- turns out, is one thing; governing is government shouldn’t have gotten involved tally disagreeing with his economic policies. in the first place. Given his actions, however, it’s hard to quite another. It’s worthwhile to begin with the broader credit his disclaimer in this instance. There are far more questions than picture. Americans used to buy about 17 mil- These proposed restructurings are power answers about what the administration lion new cars and trucks a year. Now, we’re grabs, pure and simple. The positions of lend- will do with the prisoners at Guanta- buying less than 10 million. That, of course, ers are eviscerated to give control to the namo. Will it hold them? Where will it puts considerable stress on manufacturers union trust and the government. The emer- with weaker products or financial struc- hold them? Will they be sent to the gent companies are given market preference United States? Will they be kept in tures. through taxpayer financing and government How many new cars Americans will want warrantee guarantees. All to serve no true military facilities or in Federal prisons to purchase in the future is unknown. But national purpose. here in the United States? How will it there can be a high degree of confidence in guarantee that those who are released f this: however many it is, someone will sell do not return to the battlefield? them to us. CONDUCTING U.S. GOVERNMENT We don’t have answers, of course, to Moreover, they are likely to be produced in BUSINESS the United States. A majority of cars sold by these questions. Yet the administra- foreign manufacturers in the U.S. are actu- Mr. KYL. Mr. President, let me com- tion has asked Congress for $80 million, ally built here. mend my colleague from Tennessee. I some of which, as is quite clearly stat- So, why should the federal government thought his remarks were right on the ed in the language of the request, could care who it is that sells us our cars? There spot. When we start looking backward be used to transfer these detainees to are two rationales offered. First, to preserve instead of forward, we want to be care- the United States. an ‘‘American’’ auto industry. Second, to Last week, during the House Appro- preserve ‘‘American’’ jobs. ful what we ask for because we just The proposed Chrysler restructuring gives might get it, and it might be more priations Committee’s markup of the the lie to both rationales. than we bargained for. President’s supplemental appropria- Under the Obama administration’s pro- There have been a lot of mistakes the tions request, the chairman struck the posal, Chrysler would, in essence, be given to United States has made, a lot we are $80 million, noting that he could not Fiat, an Italian company, to operate. not very proud of, and my colleague defend the request because the admin- So, how is an Italian car manufacturer op- mentioned a couple of those. There istration does not have a plan for clo- erating in Michigan any more ‘‘American’’ than a Japanese manufacturer operating in were certainly things in the last Demo- sure. As the Senate Appropriations Kentucky? cratic administration for which, had Committee prepares to mark up the And why should the federal government some of the officials there had it to do supplemental request this week, I urge give a market preference—through taxpayer over again, I am sure they would do the committee to follow the example of financing and warrantee guarantees to over. There were things the Republican the House of Representatives. Majority Italian cars produced by American workers administration that succeeded the Leader REID has just informed us that in Michigan over Japanese cars produced by Clinton administration undoubtedly the Senate committee would ‘‘fence’’ American workers in Kentucky? The Obama administration’s proposed re- disagreed with, but it seems to me that the $80 million, meaning that it would structuring is more than just unjustified, President Bush has acquitted himself release it only when there is a plan, however. It dangerously undermines the rule very well as a former President, not but the plan could be almost anything. of law, as explicated so beneficially by criticizing the administration he suc- Nor is there any assurance in the state- Friedrich Hayek in his classic, ‘‘The Road to ceeded, and certainly not suggesting ment that no prisoners could come to Serfdom.’’ those disagreements should take the the United States until October 1. That The essence of the rule of law, according to form of political trials or even criminal is not the kind of assurance that will Hayek, is that what the government will do is known to all economic actors in advance. trials. It would be very unseemly for get the Senate to support this request. That government will not act arbitrarily in that to occur with respect to the Bush As the majority leader said in his clas- specific circumstances to favor some eco- administration now that we have a new sically understated way: ‘‘That looks nomic actors over others. Obama administration. like an issue that could cause a little

VerDate Mar 15 2010 08:45 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR09\S11MY9.000 S11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12078 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 11, 2009 bit of debate.’’ I am sure he is abso- As the Senator from Alabama, Mr. The reality of the situation is that lutely correct about that. Surely, we SESSIONS, noted in two letters to the there is simply no better place for can all agree that the Congress should Attorney General, such an action ap- these terrorists than the state-of-the- not approve significant funding re- pears to be prohibited under United art facility at Guantanamo. quests when we have no idea how the States law. Senator SESSIONS stated in This is why the Senate went on administration will use the funding. his letter to Mr. Holder: record voting against the proposition Moreover, the stakes are huge. The ter- Just 4 years ago, Congress enacted into law that these detainees be brought to the rorist population at Guantanamo is a prohibition on the admission of foreign ter- United States. In fact, the Senate dangerous. These are the worst of the rorists and trained militants into this coun- agreed to the amendment offered by worst, some of the most dangerous peo- try. Accordingly, Congress is entitled to the senior Senator from Kentucky by a ple in the world. know what legal authority, if any, you be- vote of 94 to 3. Among the people vot- lieve the administration has to admit into The 241 terrorists at Guantanamo in- ing in support of this resolution were clude 27 members of al-Qaida’s leader- the United States Uighurs and/or any other detainee who participated in terrorist-re- the Secretary of State, the Secretary ship, 95 lower level al-Qaida operatives, lated activities covered by section of the Interior, and the Vice President 9 members of the Taliban’s leadership, 1182(a)(3)(B). himself while they were Members of 12 Taliban fighters, and 92 foreign Congress obviously must have the an- this body. So key members of the fighters. Among their ranks are Khalid swer to this question before it con- Obama administration have agreed Shaikh Mohammed, who is the master- siders funding that could possibly be with the language of the amendment mind of the 9/11 attacks and who, in the used to bring these and other terrorists which was that Guantanamo detain- aftermath of those attacks, was plan- and detainees to the United States. ees—and I am quoting now—‘‘should ning a followup to attack a west coast What of the rest of the terrorists? not be . . . transferred stateside into skyscraper. Will the administration bring them to facilities in American communities Another is Ali Abd al-Aziz Ali, who the United States to stand trial? If so, and neighborhoods.’’ served as a key lieutenant for KSM— according to what rules? We have been If the administration has a plan, I Khalid Shaikh Mohammed—during the told that the administration was shut- will listen to it, but with approxi- planning for 9/11, and he, in fact, trans- ting down the military commissions mately 8 months to go before the Presi- ferred money to the United States- process set up by Congress, but now it dent’s arbitrary deadline, I see no good based operative for that plan. answers to the complicated questions Ramzi bin al-Shibh helped to orga- appears that that process may be of what to do with the world’s most nize the 9/11 attacks and he was a lead brought back. Will all of the remaining dangerous terrorists. operative in the post-9/11 plot to hijack Guantanamo terrorists be tried in that Before the President asks for appro- aircraft and crash them into Heathrow system or will civilian courts be used? priations to shut down the Guanta- airport. And if civilian courts, which ones? There is also a terrorist named If you can’t imagine these terrorists namo facility, appropriations which Hambali, who helped plan the 2002 Bali actually being tried in U.S. civilian could be spent to bring these terrorists bombings that killed more than 200 courts, you might try to imagine a lit- to the United States, the least he could people and who facilitated the al-Qaida tle harder. The most likely locations of do is to provide Congress with a plan financing for the Jakarta Marriott at- trials are in Manhattan or Alexandria, that explains how Americans will be tack in 2004. Abd al Rahim Al Nashire VA—both very high population areas. safer having Khalid Shaikh Mohammed masterminded the attack on the USS The 2006 death penalty trial of Zacarias and his partners as neighbors. Cole which claimed the lives of 17 U.S. Moussaoui turned Alexandria into a Mr. President, I note the absence of a sailors in October of 2000. virtual encampment, with heavily quorum. The prior administration has stated armed agents, rooftop snipers, bomb- The ACTING PRESIDENT pro tem- that 110 of these detainees should never sniffing dogs, blocked streets, identi- pore. The clerk will call the roll. be released because of the danger to fication checks, and a fleet of tele- The legislative clerk proceeded to the United States. vision satellite trucks. call the roll. What about those who are considered And where will these detainees be Mr. KYL. Mr. President, I ask unani- safe for release? We have been under- held while awaiting trial? Federal pris- mous consent that the order for the going a review of the prisoners from ons, which are already overcrowded, quorum call be rescinded. the time they have been taken, and oc- would be overburdened with the obliga- The ACTING PRESIDENT pro tem- casionally we release some because we tion of housing terrorist suspects. pore. Without objection, it is so or- think they no longer represent a Zacarias Moussaoui, who spent 23 dered. threat. The Department of Defense hours a day inside his 80-square-foot f cell, was constantly monitored and stated in January that 61 former Guan- FEDERAL DEBT tanamo detainees whom we had re- never saw other inmates. An entire leased returned to the battlefield unit of six cells and a common area Mr. KYL. Mr. President, we are soon against the United States and allied was set aside just for him. going to be debating a bill that would forces in Afghanistan, Iraq, and else- If not in Federal prisons, perhaps place limits on the interest rate in- where. This represents in our criminal military prisons. Well, not so fast. creases that credit card companies can terms an 11-percent recidivism rate, Former Deputy Assistant Secretary of levy on their debtholders. I look for- and who knows how many of the rest of Defense for Detainee Affairs noted that ward to debating the effects this bill them may also be engaged in acts of extensive work would have to be done will have on American families. terror. One of these recidivists, Said ali on existing military brigs before Guan- But before we do that, I wish to con- al-Shihri, who was returned to his tanamo detainees could be held there: sider the debt that the Federal Govern- home in Saudi Arabia after his release You can’t commingle them with military ment is accruing—via the budget and from Guantanamo, went to Yemen and detainees, so you’d have to set up a separate stimulus spending—on the Nation’s he is now the No. 2 in Yemen’s al-Qaida wing or clear out the facility. credit card. That is the debt that all branch. The structures would have to be rein- American families will be responsible So what are we to do with these peo- forced so that they wouldn’t be vulner- for repaying because, as it turns out, ple? More than 100 days into the ad- able to terrorist attacks. He concludes the comparisons between what you owe ministration, we don’t know what their by saying: on your own credit card—the kind of plan is. According to press reports, And you would have to address secondary bills you run up on your family credit part of the plan may be to allow one and tertiary— card—are actually not very different group of these detainees, 17 Uighurs in other words, security— from the debt we are running up on the from China, to have residence in the concerns with the town, the county and the Federal credit card, except, of course, United States. State. that the Federal debt is much bigger.

VerDate Mar 15 2010 08:45 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR09\S11MY9.000 S11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 11, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 12079 But the reality is that you owe both: ing. In most cases, it would bankrupt in this kind of reckless borrowing and your family credit card debt and your them. Beginning to chip away at that spending. They cannot. They have to portion of the national debt. kind of debt would require real sac- make hard decisions to determine what President Obama’s budget puts us on rifice—not just giving up nonessential they can afford to do. a course to acquire debt that will reach spending, such as going to the movies Washington needs to do the same. 82.4 percent of the gross domestic prod- or going out to dinner or going to the These are hard choices. We need to uct by the year 2019. What does that zoo but fundamental choices that make hard choices. The editorial in the mean? The first point is that the debt would significantly lower the family’s Washington Post from last Sunday is not interest free. There is debt inter- standard of living. made the same point. Again, the title est charged on that just the same as on A family with such massive debt was: ‘‘The President’s budget, Leaving our personal credit cards. In fact, from would also be considered a big risk for the hard choices for the next one.’’ It Sunday’s Washington Post, there is an other lenders, so it would be very dif- notes that when the President was article called ‘‘The President’s Budget’’ ficult to go out and get more credit or campaigning, he said: and in it the Post says the following: a loan. This is the situation we are get- ‘‘We can no longer afford to leave the hard The budget relies on so much borrowing ting into with China, which currently choices for the next budget, the next admin- that it will cost taxpayers more than $4 tril- holds almost 10 percent of our Nation’s istration, or the next generation,’’ declared lion just to cover interest payments for the debt. The Chinese are saying to us: We President Barack Obama last week as he un- next 10 years—more than twice what the fed- are not sure you are a good credit risk veiled his budget. eral government will spend on education, en- in the future or that we want to lend As the Post notes: ergy, homeland security, and veterans com- you any more money. We are relying We, yes, but that is exactly what he does. bined. on the Chinese to continue buying that They conclude that: Mr. President, $4 trillion in interest debt. But in mid-March, Chinese Pre- We just hope that it is only until the next on this debt—just for the next 10 years. mier Wen Jiabao voiced concerns about budget rather than the next administration. The Government will begin—as a re- U.S. Government bond holdings. He The bottom line is, the budget sent sult of the need to pay this back, start- said: to us by the President doesn’t tackle ing in 2013 we will be paying more than We have lent huge amounts of money to the big issues, it doesn’t reduce spend- $1 billion per day on finance charges to the United States. Of course we are con- ing, it doesn’t even cut existing pro- the people who hold this Federal debt. cerned about the safety of our assets. To be grams substantially, with the net re- Imagine a billion dollars a day in in- honest, I am a little bit worried, and I would like to . . . call on the United States to sult that we are going to be taking on terest payments. I meant U.S. debt. A honor its word and remain a credible nation debt that will require financing of $4 billion dollars a day in interest pay- and ensure the safety of Chinese assets. trillion over the next 10 years. As was ments equates to $3.3 million a day for Of course, this is exactly how credit noted, that is not sustainable. We can- every American. Think about that— works. Borrow massive amounts of not pay for that, just as a family who $3.3 million a day to finance the debt money, and you are in over your head. makes $47,000 a year cannot afford to for every American citizen. A huge chunk of your income is re- take on $38,000 in debt. That is the rel- Can a family play by these same served for debt repayments and inter- ative proportion. rules and get away with debt that est, leaving you with little money to One more time, the amount of debt would creep up to 84.2 percent of their get by or for discretionary spending. we are taking on compared to our na- total income? Let’s use a specific, typ- You continue to borrow more, and your tional income is the same ratio as a ical example. A family in my State of creditors probably get very nervous. family making $47,000 taking on $38,000 Arizona earns an average income of Pretty soon, they may cease lending to of debt on their credit card. I am not $47,215 a year. Following the example you or hike up your interest rates to talking about a 30-year mortgage on of the President’s budget, this family hedge their additional risk. The only the house but something that has to be would accrue nearly $38,000 in credit way to get back on track is to stop paid back at the end of the month. And card debt to pay for the things it spending—and that is if you can afford if you don’t pay it, your interest rate wants. Again, that is a $47,000 income to get back on track by just stopping goes up to 25 or 30 percent. That is sim- and $38,000 in credit card debt. That is spending and not having to borrow ply not sustainable. the same percentage of the family’s in- more or taking bankruptcy. I hope that by putting this into the come that the Federal Government is That is a choice the U.S. Government context of a real family budget, it is acquiring as a percent of the Federal doesn’t have. Yet there are no plans in clear to people this isn’t some hypo- income, our national income. Washington to halt the out-of-control thetical, unrealistic comparison. When What would that family’s situation spending. The massive amount of debt we take on this much debt at the Fed- be like? First, let’s focus on these hefty we are accumulating in entitlement eral Government level, there are real interest payments that I talked about. obligations alone is more than can be consequences. When you talk about $3.3 Say that the family’s credit card has a sustained. These are things such as So- million a day for each citizen of the typical annual rate of 10 percent, which cial Security, Medicaid, and Medicare. United States to repay in interest would cost $3,800 a year or $316 a We say that is an obligation we cannot alone, you see the magnitude of what month. If the family misses a payment default on. Yet we also know we cannot we are taking on. We have never done or two, the interest rate can shoot up continue to fund that obligation. As this before in the history of the coun- to 20 or 30 percent a year. That means the President’s head of the Office of try. There is no experience of how we the family could be spending as much Management and Budget has said, con- would possibly deal with this. This one as $11,200 a year just on interest. That tinued debts of the kind we are talking budget, during this one 10-year window, is nearly a third of its total debt and about are unsustainable. There have accumulates more debt than all the nearly a quarter of its total income— been some minor reductions in spend- debt in the United States in our entire just on interest alone. That is owed in ing noted in the budget. Some are in history, from George Washington all addition to the monthly minimum pay- the area of defense, which is perhaps the way through George W. Bush. In ments for the principal borrowed. Just not the best area to cut back. But the that 220-year history, we have less debt as the Government has to, the family minor amount of spending reduction than is represented in this one budget. probably would need to borrow more to doesn’t go nearly far enough when we That is unsustainable. get by, and the downward spiral would are talking about multiple trillions of The American people cannot make get worse and worse. dollars in spending and debt—$4 tril- enough money to repay that amount of Needless to say, this kind of debt is lion just in debt service in the next 10 money. Our standard of living will be not sustainable—not for the family or years alone. diminished substantially. The only way the Federal Government. It would rap- The overwhelming majority of Amer- out of it is to reduce the amount of idly lower the family’s standard of liv- ican families, of course, don’t engage spending in the future. We can start

VerDate Mar 15 2010 08:45 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR09\S11MY9.000 S11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12080 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 11, 2009 with that right now. We don’t have to tacks to 9/11, including a plot to de- of duty while protecting our commu- start after next year. We can actually stroy a west coast skyscraper. If we nities and safeguarding our democracy. start with it this year. had not captured Khalid Shaikh Mo- Over 25 years ago, I served as a coun- I ask my colleagues, as we talk about hammed, he may very well have suc- ty executive in Jefferson County, KY, the budget the President has an- ceeded in carrying out the same kind of which includes my hometown of Louis- nounced, as we start working on the attack on the west coast that he car- ville. I got to work with the county’s appropriations bills that will be com- ried out on the east coast. This is a police force and witnessed up close ing from the Appropriations Com- man who boasts about using his their dedication and their profes- mittee, that we stop and think about ‘‘blessed right hand’’ to decapitate the sionalism. In Jefferson County, we pio- the amount of debt we are imposing on American journalist Daniel Pearl. And neered new techniques for tracking ourselves, our kids, and our grandkids. he is unrepentant. Earlier this year, down abducted children that met with That debt will come due more quickly Khalid Shaikh Mohammed joined a much success—enough success that than we think. The consequences could number of detainees at Guantanamo in other jurisdictions adopted these tech- be dire. declaring themselves ‘‘terrorists to the niques, eventually leading to Congres- Mr. President, I suggest the absence bone’’ and proclaiming September 11, sional establishment of the National of a quorum. 2001, as a ‘‘blessed’’ day. Center for Missing and Exploited Chil- The ACTING PRESIDENT pro tem- Another inmate who still declares dren. pore. The clerk will call the roll. himself a ‘‘terrorist to the bone’’ is Ali Decades later, peace officers in Lou- The legislative clerk proceeded to Abd al-Aziz Ali, who served as a key isville are still proud to protect and call the roll. lieutenant for KSM on several plots serve, even with their lives in the bal- Mr. MCCONNELL. Mr. President, I against the United States and the ance. And those we have lost are not ask unanimous consent that the order United Kingdom, including the 9/11 at- forgotten. I was moved to read in my for the quorum call be rescinded. tacks. During what he described as the hometown paper recently an article The ACTING PRESIDENT pro tem- ‘‘blessed 11 September operation,’’ Ali about a memorial ceremony in Louis- pore. Without objection, it is so or- transferred money to U.S.-based ville coinciding with National Police dered. operatives and served as a sort of trav- Week. Fellow officers and family mem- bers of fallen officers gathered to re- f el agent for some of the hijackers. This man is responsible for the deaths of member them and thank them for their GUANTANAMO BAY thousands of Americans. service. Police forces across Kentucky Mr. MCCONNELL. Mr. President, for Another terrorist at Guantanamo reverently marked National Police weeks, Republicans in Congress have who is responsible for the deaths of Week as well. At a service in Rich- been saying what Democrats are fi- Americans is Abd al-Rahim al-Nashiri, mond, Gov. Steve Beshear watched 120 nally beginning to acknowledge: that who masterminded the attack on the police cadets march at the State Law the administration has no plan for USS Cole which killed 17 U.S. sailors in Enforcement Officers Memorial, while closing Guantanamo and that closing 2000. When he was arrested, Nashiri was flags were presented to family mem- bers of those lost in the performance of this secure facility without a safe al- planning new terrorist attacks, includ- their duties. This Friday in Covington, ternative is irresponsible, dangerous, ing a plot to crash an airplane into a officers will honor their fallen brothers and, frankly, unacceptable. Western naval vessel and a plan tar- at the northern Kentucky law enforce- Over the years, Guantanamo has geting a U.S. housing compound in Ri- housed some of the most hardened ter- ment memorial. yadh in Saudi Arabia. This Senate has the deepest admira- rorists ever captured alive, and many These are just three of the men tion and respect for police officers in of those who remain are the worst of locked up safely and securely on an is- the worst. Some have already killed in- every community in the Nation. We land miles from the United States in a recognize their work is both an honor- nocent Americans, and many are out- facility that even the administration spoken about their desire to kill more able job and a dangerous one. They acknowledges to be humane and well bravely risk their lives for ours, and Americans. These men are exactly run. Americans want these men kept where they belong: locked up in a safe America is grateful. out of our neighborhoods and off the Mr. President, I ask unanimous con- and secure prison and isolated from the battlefield, and Guantanamo guaran- sent to have printed in the RECORD the American people where they can do no tees that. Closing this facility by an full articles about the recent cere- harm. arbitrary deadline without an alter- monies in both Louisville and Rich- America has not been attacked at native is irresponsible and it is dan- mond. home since 9/11 because of the hard gerous. It is unacceptable to the Amer- There being no objection, the mate- work of our Armed Forces, dedicated ican people and unacceptable to an in- rial was ordered to be printed in the intelligence officials, the men and creasing number of lawmakers on both RECORD, as follows: women at the Department of Homeland sides of the aisle. [From the Louisville Courier-Journal, May 8, Security, and State and local law en- The Attorney General has said that 2009] forcement officials. But another reason when it comes to Guantanamo, his FALLEN POLICE OFFICERS HONORED AT JEF- we have not been attacked is because chief concern is the safety of the Amer- FERSON SQUARE SERVICE: COURAGE, COMMIT- some of those most likely to do so are ican people. Yet, at the moment, the MENT TO DUTY ARE HONORED locked up down at Guantanamo. These safest option is clearly the one we are (By Jessie Halladay) inmates are not spectators. They are exercising. If safety is our top concern, Sue Wells’ eyes filled with tears as she the enemy. They are the plotters, the then the administration will rethink stood next to a wreath she helped lay at the planners, the funders, the ones who its arbitrary deadline for closing Guan- law enforcement memorial in Jefferson pull the trigger. tanamo until it presents us with an Square yesterday. The administration says our country Her husband, Forest Hills Police Chief equally safe alternative. Randy Wells, was killed in October 2007 while would be safer if Guantanamo is closed f working an off-duty traffic detail. and its inmates are transferred over- Yesterday, Wells joined other family mem- seas or onto U.S. soil. If people knew NATIONAL POLICE WEEK bers and friends of officers killed in the line who was down there, I think they Mr. MCCONNELL. Mr. President, this of duty to remember and pay their respects would disagree. week we commemorate National Police during a service at Jefferson Square down- One of the men who is locked away Week, recognizing the service and sac- town. safely at Guantanamo is Khalid Shaikh rifice of the men and women across ‘‘It’s wonderful that they remember,’’ Wells said. ‘‘It’s very heartwarming, but it’s Mohammed, the man who actually or- America in law enforcement. We espe- heart-wrenching too.’’ ganized the 9/11 attacks. We captured cially honor those peace officers who Members of the city’s fraternal order of po- him while he was planning followup at- have been tragically killed in the line lice lodges for several agencies helped plan

VerDate Mar 15 2010 08:45 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR09\S11MY9.000 S11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 11, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 12081 the event, for which the University of Louis- ‘‘I pray we never have to engrave any of The Federal Reserve Bank of New York ville police union was host. your names, or any other peace officer, on shaped Washington’s response to the finan- ‘‘When their duty called, they laid down this memorial.’’ cial crisis late last year, which buoyed Gold- their life for their community, for us,’’ U of The 120 cadets who took part in the cere- man Sachs . . . and other Wall Street firms. L Officer Russell Fuller said during the cere- mony included members of the current Ken- Goldman received speedy approval to become mony. ‘‘We will not let their actions fade tucky State Police Academy class. a bank holding company in September [of into history.’’ ‘‘I’m proud to have protected this KSP last year] and a $10 billion capital injection Memorials of this type mean a lot to those Academy class from budget cuts,’’ the gov- soon after. That is a $10 billion capital injec- families left behind, said Jennifer Thacker, ernor said, ‘‘because I know how important tion after they redefined themselves as a who spoke during the service. Thacker’s hus- they will be to our state.’’ bank holding company. Prior to that they band, Brandon, was shot in April 1998 while The ceremony concluded with a 21–gun sa- were not eligible. working as an investigator for the Kentucky lute as a squad of seven officers fired three It goes on to say: Department of Alcoholic Beverage Control. rifle volleys and a bugler played ‘‘Taps.’’ During that time, the New York Fed’s Thacker now serves as national president of f chairman, Stephen Friedman, sat on Gold- the group Concerns of Police Survivors, or man’s board and had a large holding in Gold- COPS. AUNG SAN SUU KYI man’s stock, which because of Goldman’s She spoke to those attending about the new status as a bank holding company was a Mr. MCCONNELL. Mr. President, value of always being a member of the law violation of Federal Reserve policy. The New enforcement family. word has reached me that the health of York Fed asked for a waiver, which, after ‘‘I found hope and courage through the sup- Peace Prize laureate Aung San Suu Kyi about 21⁄2 months, the Fed granted. While it port of others,’’ she said. has taken a turn for the worse and that was weighing the request, Mr. Friedman Louisville Metro Police Chief Robert White the Burmese Government is not allow- bought 37,300 more Goldman shares in De- attended yesterday’s ceremony because he cember. They’ve since risen $1.7 million in said it’s important to pay respects and keep ing her to get the medical attention value. the memories alive of those who have died in she needs. I join the administration in the service of their community. calling for Burmese officials to allow This is a troubling matter. Members He said these annual ceremonies serve not her doctor the access he needs to treat of the Senate cannot even allow a lob- only as reminders but as a renewed pledge of her. The Obama administration is cur- byist to buy our lunch. Yet this man the commitment officers make to their fel- rently reviewing our Nation’s policies can be on a board and can buy stock low officers and those officers’ families. toward Burma. while he is asking for approval to do ‘‘It really reiterates the importance of something he wants to do—and they maintaining honor and respect for those men It is important for the international and women who have lost their lives in the community to press for Suu Kyi’s un- eventually gave him that approval— line of duty,’’ White said. conditional release. We also need to and he continues to buy stock and it Wells said while the service brings up continue to call for an end to the at- goes up in value $1.7 million. many painful memories, she is grateful for tacks against ethnic minorities. According to the article: the support she has received during her loss, Mr. President, I suggest the absence [Mr. Friedman] says he checked with a which continues today. of a quorum. Goldman lawyer to make sure there was no ‘‘If I need anything I know I could call in timing issue with such a purchase. He says the wee hours of the morning,’’ she said. The ACTING PRESIDENT pro tem- he didn’t check with the Fed. New York Fed pore. The clerk will call the roll. lawyers say they didn’t learn about his share [From the Richmond Register, Apr. 28, 2009] The assistant legislative clerk pro- purchase until the Journal raised questions STATE ADDS 28 NAMES TO LAW ENFORCEMENT ceeded to call the roll. about them in April. . . . [The day after re- MEMORIAL Mr. SESSIONS. Mr. President, I ask ceiving a waiver,] Mr. Friedman purchased (By Bill Robinson) unanimous consent that the order for 15,300 more Goldman shares. . . . That mil- As a kilted bagpiper played and Gov. Steve the quorum call be rescinded. lion-dollar purchase brought his holdings to Beshear watched Monday morning, 120 Ken- The ACTING PRESIDENT pro tem- 98,600 shares, according to the filings. tucky law enforcement cadets marched in pore. Without objection, it is so or- I find this unacceptable behavior. military fashion to a ceremony honoring two dered. There is a reason the Federal Reserve law officers who died in the line of duty last has a policy prohibiting a chairman of year. f any regional Fed bank from having any A bright spring sun flooded the state’s Law NEW YORK FED CHAIRMAN connections with regulated financial Enforcement Officers Memorial at Eastern institutions. You do not want the regu- Kentucky University with light for the cere- Mr. SESSIONS. Mr. President, I wish lator to have a personal financial inter- mony attended by officers and family mem- to briefly discuss an issue that I think bers from across the state. est in those being regulated. is important and at one time would I appreciate Mr. Friedman doing the In addition to the names of Harlan County probably have been worthy of front- Constable Joe Howard and Bell County Dep- right thing now and resigning. That is uty Sean Pursifull, the names of 26 other of- page news articles around the country. a good thing. However, too many offi- ficers who died in the line of duty between Instead, I notice it is just another piece cials have been acting in a way that 1862 and 1993 were added to the memorial’s of news in the middle of a paper. suggests an erosion of propriety and wall of honor. Last Thursday, Mr. Stephen Fried- the proper separation of interest. American flags were presented to the fami- man announced his resignation, effec- Recently, we learned from the New lies or departments of each officer whose tive immediately, as Chairman of the York attorney general that Govern- name was added this year. Federal Reserve Bank of New York, Pursifull and his K–9 partner were killed ment officials may have threatened Jan. 10, 2008, when a vehicle driven by a flee- considered a central reserve bank in Bank of America CEO Ken Lewis to ing suspect hit their car. the country, the one that now-Sec- continue a merger with Merrill Lynch Howard suffered a fatal heart attack while retary Geithner used to serve as presi- or lose his job. After he figured out it serving a warrant on April 1, 2008. dent. As Chairman, Mr. Friedman was going to be very bad for his stock- Howard’s son, Tim, an 11–year veteran of stepped down only after a Wall Street holders and indicated he was not going the Harlan County Sheriff’s Department, at- Journal story questioned his ties to through with it, they told him they tended the ceremony with his wife and 8– Goldman Sachs, a banking institution, year-old daughter. would fire him if he didn’t go through In addition to eulogizing the fallen offi- at the same time he was serving on the with it. cers, Beshear praised the cadets who ‘‘know- New York Fed’s board. Unfortunately, Some of the stories are unclear about ing the dangers, marched with their heads his bad judgment is just another exam- how that all happened, but the issue held high, undeterred from their goal of be- ple in a long line of examples dem- does remain, and I will be interested to coming a peace officer.’’ onstrating the tangled web we have see what more we learn about this Today’s law officers must be better trained woven in allowing so prominent a gov- troubling matter when the House Com- than ever, Beshear said, because criminals in the 21st century are more sophisticated, me- ernment role in private businesses, in- mittee on Oversight and Government thodical and organized. volving hundreds of billions of dollars. Reform holds a hearing with Mr. Lewis However, ‘‘The heart and soul required of Let me read what the Wall Street and top Government officials, who will you, our protectors, never change,’’ he said. Journal reported last Monday, May 4: testify under oath.

VerDate Mar 15 2010 08:45 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR09\S11MY9.000 S11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12082 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 11, 2009 Since last year, when then-Secretary emergency, and pass out hundreds of Mr. DODD. Mr. President, I ask unan- Paulson told us we must act or the billions of dollars without the kind of imous consent the order for the economy would go into collapse—and accountability that I think is nec- quorum call be rescinded. we heard those dire warnings repeat- essary. The ACTING PRESIDENT pro tem- edly—we have seen more and more of I will say to my colleagues in the pore. Without objection, it is so or- these instances of impropriety and lack Senate, that when we passed the TARP dered. of wisdom. bill, I opposed it, and I said it was far f Through TARP—the $700 billion bail- too much a grant of power to one out—a blank check with no account- man—the Secretary of the Treasury— CONCLUSION OF MORNING ability was given to the Government to to allocate money that Congress should BUSINESS do basically as it pleased. The money be appropriating. I raised that point, The ACTING PRESIDENT pro tem- was given to the Secretary of the and it was one of my top objections. I pore. Morning business is closed. Treasury, and he met in private with believe history has shown the language many of these banks. Many of them in that bill was even more broad than f were people he knew and were friends we thought. Because, originally, we CREDIT CARDHOLDERS’ BILL OF and buddies with, and he started allo- were told the money would be used to RIGHTS ACT OF 2009 cating this $700 billion. It has contin- buy toxic mortgages from banks that The ACTING PRESIDENT pro tem- ued now under Mr. Geithner, a man were in trouble. That is what Mr. pore. Under the previous order, the who previously was president of the Paulson told us. That is what every- Senate will proceed to the consider- Federal Reserve Bank of New York. body thought they were voting on—ex- ation of H.R. 627, which the clerk will Last month, Neil Barofsky, the spe- cept the language was much broader report. cial inspector general overseeing this than that, if anybody took the time to The assistant legislative clerk read $700 billion bailout, issued a report read it. as follows: stating he has opened 20 criminal in- As soon as he got the money, within vestigations and 6 audits into whether a week or so, he had decided not to buy A bill (H.R. 627) to amend the Truth in Lending Act to establish fair and trans- tax dollars are being misused or wast- toxic assets but to buy stock in the parent practices relating to the extension of ed. banks. He bought stock in the banks. credit under an open end consumer credit I think we have entered a time in Then, pretty soon, he was buying stock plan, and for other purposes. American history where the line be- in an insurance company—AIG—pump- The ACTING PRESIDENT pro tem- tween Government and free enterprise ing half the money into one insurance pore. The Senator from Connecticut is has become muddled more than ever. company, and $40 billion of the money recognized. During good times and bad—but par- that went into AIG went to foreign Mr. DODD. Mr. President, this is the ticularly during times such as today— banks to pay the claims those banks Credit Card Accountability, Responsi- the American system of capitalism and had against AIG, as it did with other bility, and Disclosure Act. That is free enterprise should not be manipu- banks. We, the taxpayers, became the what we are going to talk about over lated for the benefit of insiders. We ex- guarantor of an insurance company’s the next few days, about credit cards, pect the people who are setting policy responsibilities, which was never dis- about interest rates, penalty fees, and to be independent and above that kind cussed with the Senate, the House or other matters. of action. the American people. They just did it. Let me call up the amendment. I will note that the reports con- The amount of money they com- AMENDMENT NO. 1058 cerning how the AIG bailout was han- mitted was tremendous—I believe $170 dled remain unchallenged. This is what billion; whereas, the Federal highway (Purpose: In the nature of a substitute) the report is indicating: that Mr. budget for the whole United States is The ACTING PRESIDENT pro tem- Paulson, who was Secretary of the just $40 billion, and the education pore. The clerk will report. Treasury and who had been the CEO of budget for the United States, the Fed- The assistant legislative clerk read Goldman Sachs, was in and out of a eral Government, is $100 billion. as follows: meeting—a very important meeting— I don’t like this process. I am seeing The Senator from Connecticut [Mr. DODD], involving the insurance company AIG. too many stories such as this one in- for himself and Mr. SHELBY, proposes an Also, in that meeting, as I recall, was volving Mr. Friedman, and it is time amendment numbered 1058. Mr. Kashkari, Mr. Paulson’s assistant, for Congress to get serious about it. I Mr. DODD. I ask unanimous consent who was also from Goldman Sachs. But hope the Obama administration will the reading of the amendment be dis- who else was in that meeting? The stand and be counted. Mr. Friedman pensed with. chairman of the board of Goldman came in, I believe, under the Bush ad- The ACTING PRESIDENT pro tem- Sachs—the current, immediate chair- ministration, so I am not being par- pore. Without objection, it is so or- man at that time—and they were talk- tisan. But it is time for the Obama ad- dered. ing about an insurance company, AIG, ministration to take a stand too. Mr. (The amendment is printed in today’s and they decided to pump $80 billion Geithner was in the middle of most of RECORD under ‘‘Text of Amendments.) into that company. Now we have this; he helped write the proposal and Mr. DODD. For the purpose of my pumped in $170 billion. Of course, we was, what many called, the brains be- colleagues, this is the substitute now know that of the money that went hind the Paulson proposal—the $700 bil- amendment that Senator SHELBY and I to AIG, $20 billion went to Goldman lion bailout. have worked on over the last number of Sachs. This is a continuing problem in both days. I want to begin by expressing, So these are the kinds of things that administrations. It is time for Congress first, my gratitude to the majority are causing me great difficulty. I am a to reassert its constitutional responsi- leader, Senator REID, for his leadership lawyer. I know how things are sup- bility to monitor the purse and to not and support in the effort to get this posed to work. When you ask for allow money to be distributed in these matter to the point we are this after- money, you raise your hand under kinds of sums without direct approval noon. Of course I express my gratitude oath. People ought to be asking you of the people through their elected rep- to Senator SHELBY and his staff as well questions. If you are in bankruptcy, resentatives. as my own staff, who worked all you have to be cross-examined by law- I thank the Chair, I yield the floor, through the weekend to try to resolve yers. The judge gets to ask questions. and I suggest the absence of a quorum. outstanding differences to bring us to You have to submit certified financial The ACTING PRESIDENT pro tem- the point where we have the bipartisan statements before you get money. We pore. The clerk will call the roll. proposal to offer reform of the credit cannot just allow a handful of people to The assistant legislative clerk pro- card laws in our country that most meet in secret, decide we are in an ceeded to call the roll. Americans do not need much of a

VerDate Mar 15 2010 08:45 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR09\S11MY9.000 S11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 11, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 12083 speech about. Many times we are in- to pay what they owe. But they also Between March of 2007 and February volved in a discussion and we are in- have a right not to be deceived, misled, of 2008, credit card companies raised in- forming the public for the first time or ripped off by unfair and arbitrary terest rates on nearly one out of every about a problem, or at least a very lim- practices that have become all too four accounts, nearly 70 million card- ited number of people are aware of it. common within the credit card indus- holders who were charged $10 billion in In this case, the public is probably try. Banning these practices is espe- extra interest rates. That is within an more aware than many about problems cially critical today. 11-month period. with interest rates and fees and pen- Since the recession began in Decem- That $10 billion is not paying for col- alties and the like. Every single day ber of 2007, 5.1 million jobs have been lege tuition; it is not paying for gro- people go through this. This afternoon lost in our Nation, with almost two- ceries or for safe, affordable shelter in I want to talk about this bill. I want to thirds of those losses occurring in the the midst of a housing crisis. It is tell my colleagues what is in this cred- last 5 months alone. It is clear the fi- going straight into the pockets of cred- it card reform bill. nancial crisis is hitting American fam- it card companies; and they are doing I thank the Presiding Officer, a mem- ilies very hard indeed. But precisely at it for one reason—because they can. ber of the Banking Committee, along a time when our economy is in crisis Little wonder that we have seen a with other members of the committee and consumers are struggling to live tenfold increase in the penalty fees who worked with us over the last num- within their means, credit card compa- customers have been charged in the ber of weeks to try to complete a prod- nies too often are gouging them with last decade alone. Even the Federal fi- uct here that can enjoy, I hope, as we hidden fees and sudden interest rate nancial regulators who dropped the go through this over the next day or hikes that for many make the task ball terribly, in my view, during the two, broad bipartisan support. nearly impossible. subprime mortgage crisis have recog- Let me take, if I can, the next few With the average outstanding credit nized the harm these sinister practices minutes and talk about the bill specifi- card debt for households with a credit pose not only to consumers but also to cally, what the provisions are and why card now nearly $10,700, credit card our economy as a whole. we have worked so hard to pull this bill companies are making an already dif- Recently, in fact, the Federal Re- together. ficult economic downturn suffocating serve, the Office of Thrift Supervision, This is not a new issue for me. I have for far too many millions of our Amer- and the National Credit Union Admin- been at credit card reform issues for ican citizens. istration finalized rules aimed at curb- actually more than 20 years. In the The range of abusive practices is as ing some of these practices. These rules past I have not succeeded, candidly, re- long as it is appalling: retroactive rate are a good first step. I want to com- forming the credit card laws of our Na- increases on existing balances; double- mend them for it. They deserve com- tion. But in light of what has occurred cycle billing that charges interest on mendation for having stepped up and over the last number of months and balances the consumers have already proposed these regulations. These rules years, I think there is a greater indica- paid; deceptive marketing to young made a difference already. tion of the need to step up and create people; changing the terms of the cred- But with our economy hanging in the some real changes, given the condi- it card agreement at any time, for any balance, layoffs mounting, and con- tions our constituents are living with, reason, on any balance; skyrocketing sumers struggling to pay for basic ne- the number of people unemployed, the penalty interest rates, some as high as cessities, I think the moment is right obvious problem of foreclosure rates, 32 percent. for more comprehensive reform, de- and the like. My colleague from New York, Sen- This issue is finding a tipping point. spite the good first step of the Federal ator SCHUMER, has called this ‘‘trip- I believe we have a wonderful oppor- Reserve and others. wire pricing,’’ saying the whole busi- I first began waging this fight to re- tunity to create some meaningful re- forms, and nothing would please me ness model of the credit card industry form credit card company practices more than to have that kind of strong is not designed to extend credit but to more than 20 years ago. Back then it bipartisan support for these changes. induce mistakes and trap consumers was difficult to get anyone to pay I rise in strong support of the Credit into debt. I think he is absolutely much attention to what was clearly be- Card Accountability, Responsibility, right, unfortunately. This is an indus- coming a slippery slope toward more and Disclosure Act of 2009. The sub- try that has been thriving on mis- abusive and deceptive practices by stitute amendment, I have offered on leading its consumers and its cus- these card issuers. It was a lonely fight behalf of myself and Senator SHELBY of tomers. in those days. Alabama, the former chairman of the If you need any evidence of that, just But today we have an American Banking Committee. I thank him and look at how they even hike interest President, President Obama, on our his staff, and, of course, my own staff, rates on consumers who pay on time side. He recognizes that credit card re- who worked very hard on this issue—I and consistently meet the terms of form is not incidental to our economic will make specific reference to them their credit card agreements. Take recovery. As he has stated over and during the debate—and who have done Phil Sherwood of my State, who al- over again, it is essential to it. He has a terrific job in bringing this together ways paid his bills on time, who had a pledged to get credit card reform ‘‘done in this bipartisan fashion. credit score in the 700s. He is an up- in short order’’ to quote him exactly, The bill before us addresses an issue standing member of his community; in and said this weekend that he wants us of critical importance to millions of fact, a city councilman in New Britain, to send him a bill by Memorial Day. American consumers and their families CT. One day recently he received a no- I intend to do everything I can, and I and to the stability of our financial tice from his credit card company in- am sure my colleagues will, to ensure system; that is, the need to reform the forming him that his interest rate was we meet that challenge—not for the practices of our Nation’s credit card nearly doubling, and the associated President, not for the White House, but companies and provide a comprehen- fees on his account were going up as for the consumers and customers out sive regime of tough new protections well. He had done nothing wrong, not there who are waiting to see whether for consumers. been late, no changes whatsoever, just we will step up on this side of the ledg- I begin by thanking Senator SHELBY an arbitrary increase. er and do something on their behalf. for his diligence throughout this proc- A recent survey of the country’s 12 We have spent a lot of time in this ess. I also acknowledge the hard work largest credit card issuers by the Pew body, a lot of time over the past weeks his staff has put in negotiating this im- Charitable Trust found that Phil Sher- and months, to help the financial insti- portant bill, along with my own staff wood was not alone. Pew reported that tutions, to stabilize them, to get them who have worked very hard as well. 93 percent of surveyed cards allowed on their feet, to get credit flowing Americans know they have a respon- the issuer to raise interest rates at any again. I believe those decisions, by and sibility to live within their means and time, for any reason. large, we have made have been the

VerDate Mar 15 2010 08:45 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR09\S11MY9.000 S11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12084 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 11, 2009 right ones, although clearly we could What happened to Ms. Jorgensen is your purchases and sheepishly walk have started earlier. wrong. Having one’s retirement secu- away and put them back on the shelf But now it is time to do something rity wiped out is frightening under any because you went over your limit. for the other side of that ledger; that circumstances. But it is positively ter- It was not comfortable, but it pro- is, for consumers out there who deserve rifying in a recession. tected you against going over the a break, particularly with practices, as Samantha Moore and her husband, a limit. In those days you did not have to I mentioned: 70 million accounts hav- small business operator—Samantha is ask for it, it happened automatically. ing their rates raised in the last year a paralegal from Guilford, CT—experi- Well, that has all changed, of course, in alone, and people such as Phil Sher- enced a similar situation. She had her recent days. In fact, the issuers enjoy wood having them raised for no reason credit card interest rate raised from 12 that moment because when you walk whatsoever, solely because the issuer percent to 27 percent. Why? Because up and purchase something, despite the can do so. she was 3 days late on a credit card fact that you may want a fixed limit, So it is time we do this—not for the payment for the first time in 18 years. at that point you go over, of course, President, not for the White House, not She and her husband, who own a small then the penalty fees and other charges because the President would like it business, saw their credit card limit pour in. Of course, that becomes a bo- but, more importantly, because the drop from $31,000 to just over $4,000— nanza on additional penalties col- American consumers deserve it in the credit limits from $31,000 to just lected. these times to get the help they need over $4,000, a small business, 3 days Now, I am not suggesting the con- in this area. late, first time in 18 years, and they sumer does not bear a responsibility. So today as the Senate takes up the watched the rate jump to 27 percent, But in the past there was a responsi- credit card legislation, we stand up for and their credit limits plummet to a bility exercised on both sides of that the people in this country who want no point which pushes that business into equation, a borrower and lender. Here more of these practices, no more trick- jeopardy. lately, of course, that equation has ing customers into taking on more So I would ask my colleagues: What been disrupted. Today we have repeat- debt than they agreed to, no more tak- is a family in this economy supposed to edly heard about cardholders being ing advantage of financially respon- do if they are counting on that credit charged enormous fees for unknow- sible credit card users, and no more card to help them through a medical ingly going a few dollars over their abuse of consumers that goes crisis. That one patently unfair deci- credit limit. unpunished. sion could mean the difference between Our bill prohibits issuers from charg- The time has come to insist on con- scraping by during a recession and a fi- ing hidden over-the-limit fees. It says sumer protections that are strong and nancial catastrophe. if cardholders want to go over their reliable, rules that are transparent and The legislation Senator SHELBY and I card limit, they have to ‘‘opt in’’ with fair, and statements that are clear and have put together prevents credit card their issuer, putting the choice of informative. Those principles are the companies from unjustifiable ‘‘any- going over the credit card limit and very essence of the Credit Card Act. time, any reason’’ rate increases on ex- paying extra fees squarely in the hands Allow me to take, if I can, just a few isting balances for people such as of consumers, not the banks. minutes to explain how the provisions Samantha and Kristina. Our bill also requires penalty fees to of this bill will work. First and fore- Our bill also prohibits credit card be reasonable and proportional to the most, this legislation prevents unfair issuers from increasing rates on a card- violation. Further, our bill prevents and arbitrary increases in interest holder in the first year after a credit companies from charging fees for cus- rates and changes in the terms of cred- card account is opened and requires tomers making payments by mail, tele- it card contracts. promotional rates to last at least 6 phone, or electronically, and strength- Why is this so important? I recently months. ens protections against excessive fees met Kristina Jorgensen, a graphic de- Our bill prohibits issuers from chang- on low-credit, high-fee credit cards. signer from Southbury, CT. She trans- ing the terms governing the repayment The days of issuers unreasonably jack- ferred her student loans to a credit of an outstanding balance. For the first ing up these fees to unreasonably high card to take advantage of the low time ever we put provisions in place levels to make money on the backs of ‘‘fixed rate’’ offer, only to have the in- that ensure that risk-based pricing will consumers will be over. terest rates on that debt increase from not always work against the consumer Third, our bill protects the rights of 5 percent to 24 percent. and drive up rates. financially responsible credit card Her monthly payments increased by This legislation says, if your issuer users. Say last month, for instance, $260. She had to cash in her retirement has raised your rate since the begin- you had a credit card debt of $1,000, and IRAs to pay off the credit card debt, all ning of the year, they have to review since then you have paid $900 of that because she paid 1 day late by phone. your account within 6 months and debt off. It is not uncommon for some Let me repeat that: never in trouble bring the rate back down if the review credit card companies to keep charging before, saw an opportunity to pay off warrants it, thus putting an end to the interest not on the remaining $100 of her student loans, she sent out, with kind of risk-based pricing that always debt but on the full previous $1,000 of that 5-percent rate she had because of costs the consumer more and never debt. Our bill puts an end to this so- her good record over the years, and all less. called ‘‘double-cycle billing,’’ and says of a sudden, because she is 2 days late— Secondly, our bill puts an end to the if the credit card company delayed one of them a Sunday, by the way, be- exorbitant and unnecessary fees that crediting your payment, you will not cause she paid by phone, not through drive families further into debt. Not be charged for their mistake. the mail—her rates went from 5 per- that long ago, if you were over your Our bill also requires the credit card cent to 24 percent, thereby crippling credit card limit, your card was de- statement to be mailed 21 days before her ability, draining off that IRA. She clined at the store. I am old enough to the bill is due rather than the current did not graduate from college a year or remember when that could happen—it 14. The bill also encourages trans- two ago. I will tell you she is far closer happened to me—that awkward mo- parency in credit card pricing, requir- to my age than a high school senior or ment when you have gone to purchase ing the Government Accountability Of- a college graduate’s normal age. something, and you are standing in fice to study the effect that inter- So here she is at a point of retire- line, and all of a sudden that clerk change fees have on our merchants and ment in her life where her IRA, her in- says, ‘‘I am sorry, but you have been consumers. dividual retirement account, now has rejected.’’ I thank a number of my colleagues been drained of a good part of its value That is always an awkward moment, who expressed a strong interest in that because her rates went from 5 to 24 per- particularly if people are standing be- subject matter. There will be a study cent. hind you in that line, and you take done on this issue. It is a complicated

VerDate Mar 15 2010 08:45 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR09\S11MY9.000 S11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 11, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 12085 area, the interchange fees, but a lot of is in the morning rather than at the That is also why the final component retail stores are deeply concerned end of business for that day. So, for ex- of our bill is so critical as well. That about these fees, the excessive charges ample, if you pay your bill—call the involves tougher penalties and enforce- they believe exist. They would like to company or make an online payment— ment. Credit card companies need to see some changes. before the close of business on the due understand that if they violate the I have promised my colleagues who date, sometimes you will get penalized terms of an agreement with a card- expressed an interest that we will take for a late payment because the credit holder, there will be serious con- this up. I believe it is Senator CORKER card deadline, unbeknownst to the sequences. of Tennessee who has written a strong- cardholder, was at 10 a.m. that morn- With this legislation, if your credit er study provision than the one we had ing on the due date. This legislation card company wrongly raises your originally crafted. I thank him. I know puts a stop to that as well. rate, the company could pay as much he has a strong interest in this subject, I should add that for the very first as $5,000 per violation—even higher if as do other Members. We will get to time the Federal Government will pro- the company is found to engage in a the interchange fees at a later date. vide new protections for recipients of pattern or practice of violations. Our Certainly, a study would give us a bet- gift cards, and we thank our colleague goal is not to be punitive, although I ter framework in which to consider leg- from New York, Senator SCHUMER, for can understand why someone might islation. his leadership on this issue. This legis- want to be, given some of the practices Fourth, our bill provides far better lation will make it easier for recipients that have gone on over the last number disclosure of card terms and condi- of gift cards to cash them in. Under the of years. Rather, we need to put in tions. One member of the credit card Schumer provision, if you receive a gift place strong incentives that will en- industry recently told Time magazine, card, your balance won’t disappear be- courage these companies to act more ‘‘The American people cannot manage fore you have a chance to spend it. responsibly in the first place. Sixth, this legislation includes ro- their credit.’’ Well, it is not hard to un- Every one of these provisions I have bust protections for young people and derstand why. A quarter of a century mentioned is rooted in simple common students. Recently, my 7-year-old ago, a typical credit card contract was sense; no more tricks, no more strings daughter received a credit card solici- about a page in length. Today, it is 30 attached. Over and over, we have heard tation in the mail. We laughed it off, times as long and 100 times more in- that consumers should act responsibly but it brings up a serious point. Young comprehensible. You practically need a when it comes to credit cards. I agree people—and ultimately their parents— microscope to read what it says and a completely. We all need to act more re- are faced with an onslaught of credit sponsibly. But it is time the credit card law degree to understand what it card offers, often years before they means. If this financial crisis has companies were held to that same turn 18, usually as soon as they set one standard, and with this legislation taught us anything, it is that con- foot on a college campus. Just as we sumers can only make responsible deci- they will be. saw in the mortgage crisis with lenders I thank Senators SCHUMER, AKAKA, sions if they have all the necessary in- and borrowers, too often issuers offer MENENDEZ, TESTER, and KOHL on the formation. The American consumer cards to young people without committee, who have strongly sup- should not have to live in fear that a verifying any ability to repay whatso- ported the fight to protect consumers clause buried in the fine print of their ever. This is particularly true for stu- against predatory credit card practices. credit card contract might someday be dents. According to Sallie Mae, college Senator CARL LEVIN of Michigan has their financial undoing. students graduate with an average been a champion of credit card protec- Our legislation also requires credit credit card debt of more than $4,000. tions for many years as well and gen- card issuers to provide far better dis- That is up from $2,900 just 4 years ago. erated some important ideas that are closure of terms and conditions. The Nearly 20 percent of college students included in the bill Senator SHELBY bill says cardholders must be given 45 have credit card balances of over $7,000. and I are offering. For decades, their days’ notice of an interest rate in- Our bill requires issuers soliciting efforts have fallen on deaf ears but not crease. The bill mandates that issuers anyone under the age of 21 to obtain this time. disclose to consumers when the card the signature of a parent or guardian Today, with practices so brazen and terms have changed, and it forces or someone else who will take responsi- widespread, as our economy quite lit- issuers to disclose how long it will take bility for the debt or proof that the ap- erally hangs in the balance, one thing to pay off a card balance if you only plicant, as many are capable of doing is clear: This is the moment for credit make minimum payments, something under the age of 21, has some inde- card reform. Our economy will not re- our colleague from Hawaii, Senator pendent means of repayment. It pro- cover if we allow practices such as DAN AKAKA, has led the fight for over hibits increases in credit card limits those I am talking about today that many years. unless that person who is a cosponsor drive so many families deeper and The bill also requires the Federal Re- or is jointly liable approves of the in- deeper into debt. Americans do not de- serve Board to post consumer credit crease in writing. Our bill limits the serve and cannot afford to be pushed card agreements on its Web site. kinds of prescreened offers that get so down this economic ladder by credit Fifth, our bill insists on a fair alloca- many young people into trouble. card issuers any longer. This is a once- tion of payments. Many cardholders I thank our colleague from New Jer- in-a-generation opportunity. In my hold multiple credit card balances with sey, Senator MENENDEZ, for his leader- view, we will never have a better op- multiple interest rates. If you send an ship on this issue. It is time to insist portunity to protect consumers than extra thousand dollars along, for exam- that credit card companies take into we do today with what we propose. ple, with your minimum payment, that account a young person’s ability to This legislation has been worked on amount should be credited to the ac- repay before allowing them to take on extensively over the last number of count with the highest interest rate what is all too often a lifetime worth of weeks. We listened to a lot of people, first. Our legislation ensures that it debt. Very little we do in our legisla- including the issuers, to make sure will be. tion will be more important than these what we are doing is fair and balanced Our bill also prohibits issuers from provisions. Many of my colleagues on and gets to the heart of the matter; setting early-morning deadlines for the Banking Committee expressed a that is, to cut out these excessive in- credit card payments. We all under- strong interest in these provisions. I creases, without warrant, in rates and stand that we have to pay our credit don’t have the statistics in front of me, fees and penalties that I have men- card bills on a specific date, but what but a significantly high percentage of tioned. too many card companies don’t tell students drop out of school because of Forty-six years ago, President John you is that it isn’t just the date the the debt they have incurred. A lot of it Kennedy delivered his special message payment is due but often a specific is credit card debt, not just the student to Congress on protecting consumer in- time in the day. In too many cases, it loans but the credit card debt. terest. In that speech, he established

VerDate Mar 15 2010 08:45 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR09\S11MY9.000 S11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12086 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 11, 2009 four very simple rights: the right to The bill clerk proceeded to call the ior will ensure that my grandson, Patton safety, the right to be informed, the roll. Henry Jeffords, will not suffer the con- right to choose, and, above all, the Mr. SANDERS. Madam President, I sequences. right to be heard, to be assured that ask unanimous consent that the order But he not only recognized the prob- consumer interests would receive full for the quorum call be rescinded. lem, he set about finding a solution, and sympathetic consideration in the The PRESIDING OFFICER. Without drafting far-reaching cap-and-trade formulation of Government policy. I objection, it is so ordered. legislation which even today represents cannot think of a single issue or mo- 75TH BIRTHDAY OF SENATOR JAMES JEFFORDS the single most important Federal ment where the need to act on prin- Mr. SANDERS. Madam President, route to reducing greenhouse gases and ciples articulated nearly half a century today we celebrate the 75th birthday of to lessening and hopefully reversing ago—and embraced by our current Senator James Merrill Jeffords of global warming. As we consider cap- President and many in this Chamber of Vermont, who was born in Rutland, and-trade legislation in this session, we both political parties—was clearer or VT, on May 11, 1934. will be continuing the work Jim Jef- more urgently needed than those ar- He is the son of Marion Hausman and fords helped begin and which his fore- ticulated by President Kennedy more Olin Jeffords. His father served as chief sight set on the national agenda. than four decades ago. justice of the Vermont Supreme Court. In 2001, Jim Jeffords, in a move of I urge my colleagues to support this Jim Jeffords went to college at Yale great courage, left the Republican legislation, to stand up for American University and thereafter got a law de- Party and became an Independent. This families who are already facing tre- gree from Harvard Law School. He action changed control of the Senate, mendous difficulties on a daily basis, served 3 years of Active Duty in the won widespread support in Vermont, with rising costs in energy and health U.S. Navy and was in the Naval Re- and thrust this normally reserved and care, the difficulty of holding on to serves until he retired as captain in quiet man into the national spotlight. their homes. All of these issues are 1990. On October 1, 2002, Jim Jeffords was 1 confronting them. At the very least, In 1966, he entered the political world of 23 Senators to vote against author- having spent as much time as we have and was elected to the Vermont State izing the use of military force in Iraq. on dealing with stabilizing financial in- Senate. Two years later, he ran for I, personally, have known Jim Jef- stitutions, to take out a few days in all Vermont attorney general and was fords for 37 years, and I can attest to of the debate and stabilize American elected to that position. In 1974, he ran the warmth and affection with which families by reducing outrageous and for Vermont’s seat in the U.S. House of he is held to this day in the State of egregious practices that have added so Representatives and served for 14 Vermont. Unassuming, straight- many financial burdens to them is long years. In 1988, Jim Jeffords was elected forward, and honest, he is respected overdue. to the Senate of the United States. He not only by those who agreed with his Senator SHELBY and I are proud of was reelected in 1994 and 2000. In 2006, views but by those who disagreed. His this substitute. We thank our col- he retired from public life. service has been a beacon of Vermont leagues who helped us work on it. We Jim Jeffords’ mother was a music independence and vision, and so I join look forward to the debate on amend- teacher. Her work had a profound im- the rest of my fellow citizens in ments that may be offered. Some may pact on his life. While in Congress, he Vermont and the Senators in this body strengthen what we have suggested. cofounded the Congressional Arts Cau- in wishing Jim a very happy 75th birth- Others may try to undo it. But we need cus. He also began the Congressional day. to have a full and open debate. Then High School Art Competition, a bipar- Madam President, I yield the floor. my hope is that, by an overwhelming tisan program that celebrates the tal- I suggest the absence of a quorum. vote, my colleagues will support this ents of local high school students in The PRESIDING OFFICER. The legislation. congressional districts all across Amer- clerk will call the roll. The House has already acted—I com- The legislative clerk proceeded to mend them—under the leadership of ica. That program still exists and flourishes. call the roll. BARNEY FRANK and others on the Fi- Jim Jeffords’ work in both the House Mr. LEVIN. Madam President, I ask nancial Services Committee in that and the Senate was centered on edu- unanimous consent that the order for Chamber. Our intention is to follow the quorum call be rescinded. with this legislation. Congresswoman cation, on job training, and on individ- uals with disabilities, culminating in The PRESIDING OFFICER. Without CAROLYN MALONEY deserves credit, objection, it is so ordered. having authored the legislation in the his strong support for the Individuals with Disabilities Education Act. He Mr. LEVIN. Madam President, I un- House. derstand there is a unanimous consent We think we have a good bill, a will be long remembered as a champion agreement that needs to be pro- strong bill. We think we have made of education, and especially for pro- pounded, and I yield for that purpose. some improvements on what the House viding new and rich educational oppor- The PRESIDING OFFICER. The Sen- recommended. I look forward to the de- tunities for those millions of Ameri- ator from Arizona. bate that is forthcoming. cans with disabilities who in too many Amy Friend and Lynsey Graham, instances were ignored by our schools. UNANIMOUS CONSENT REQUESTS—H.R. 131 who are sitting here next to me, did a Jim Jeffords continued a long Mr. KYL. Madam President, I appre- remarkable job in negotiating, working Vermont tradition, in the footsteps of ciate the courtesy of my colleague with other Members, with outside in- his predecessors Senator Robert Staf- from Michigan. terests, including the issuers and con- ford and Senator George Aiken, of serv- I ask unanimous consent that the sumer groups, on putting this bill to- ing on the Environment and Public Senate proceed to the immediate con- gether. Charles Yi, as well, worked on Works Committee. When he assumed sideration of H.R. 131, the Ronald this, and Colin McGinnis. A lot of peo- the chair of that committee, he pro- Reagan Centennial Commission Act. I ple worked on this. But these three— vided early and courageous leadership ask unanimous consent that the bill be Charles Yi, Lynsey Graham, and Amy on an emergent problem, which today read a third time and passed, the mo- Friend—did a great job. we recognize as the central environ- tion to reconsider be laid upon the Our staffs do so much hard work and mental issue of our time: global warm- table, and any statements relating to don’t get the credit they deserve for ing. the bill be printed in the RECORD. the work they do. I am deeply grateful Early on, Jim Jeffords recognized The PRESIDING OFFICER. Is there to them for their tremendous leader- that the buildup of greenhouse gases objection? ship as well. would change the climate of our entire Mr. DODD. Madam President, I ob- I suggest the absence of a quorum. planet. He said about it: ject. The PRESIDING OFFICER (Mrs. The climate is warming, it is due to human The PRESIDING OFFICER. Objec- HAGAN). The clerk will call the roll. activity, and only a change in human behav- tion is heard.

VerDate Mar 15 2010 08:45 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR09\S11MY9.000 S11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 11, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 12087 The Senator from Connecticut. out of the hole they put themselves in card regulations, failed to take action Mr. DODD. Madam President, as a by putting American families into a until congressional hearings and public counter to that proposal, I ask unani- deeper hole with fees and sky-high in- outrage forced attention on credit card mous consent that the Senate proceed terest charges that are often retro- abusers. to the immediate consideration of Cal- actively applied. Even as the prime Six months ago, the Federal Reserve endar No. 49, H.R. 131, the Reagan Com- rate of interest has gone down, some and other bank regulators finally mission bill; that a Feingold amend- credit card companies have hiked in- acted, issuing a regulation last Decem- ment, which is at the desk—the text of terest rates on millions of customers ber to stop some of the unfair prac- S. 564, the Wartime Treaty Study Act— who play by the rules. To add insult to tices. For example, the new regulation be agreed to; the bill, as amended, be injury, banks that received bailouts prohibits banks from retroactively read a third time and passed; and the are frequently the ones that are pun- raising interest rates on cardholders motions to reconsider be laid upon the ishing the very taxpayers they came to who meet their obligations, requires table with no intervening action or de- for financial rescue. banks to mail credit card bills at least bate. Credit card companies have used a 21 days before the payment due date, The PRESIDING OFFICER. Is there host of unfair practices. They unilater- and forces banks to more fairly apply objection? ally hike the interest rates of card- consumer payments. Mr. KYL. I object. holders who pay on time and comply But the regulation, regrettably, The PRESIDING OFFICER. Objec- with the credit card agreements they leaves in place blatantly unfair credit tion is heard. entered into. They impose interest card practices that mire families in Mr. DODD. Madam President, I would rates as high as 32 percent, and they debt. It fails to stop, for example, note that the objection I registered was apply higher interest rates retro- abuses such as charging interest on on behalf of Senator FEINGOLD, and I actively to existing credit card debt. debt that was paid on time, charging wish the RECORD to reflect that. They pile on excessive fees and then people a fee simply to pay their bills, The PRESIDING OFFICER. The charge interest on those fees, and they and hiking interest rates on a credit RECORD will so reflect. engage in a number of other unfair card because of a misstep on another The Senator from Michigan. practices that are burying American unrelated debt, a practice known as Mr. LEVIN. Madam President, I am consumers in a mountain of debt. universal default. It doesn’t stop the here today to strongly support the I have received thousands of letters charging of interest on fees. Legisla- Dodd-Shelby substitute to the House from people who have been treated un- tion is needed not only to end those bill on credit card reform. Before I pro- fairly by their credit card companies abusive practices that are not prohib- ceed with my statement, I wish to say and feel they are powerless to do any- ited by the Federal Reserve regulation, how appreciative I am, and the country thing about it. The letters come from but also to provide a statutory founda- will be, for the efforts of CHRIS DODD people from all over the country, from tion for the new credit card regulation and Senator SHELBY. This has been an all walks of life; letter after letter, so that it cannot be weakened or with- effort on the part of Senator DODD each more poignant than the next. drawn in the future. which has been ongoing for a long The President has also heard those The Dodd-Levin bill, as introduced, time. It is a very difficult, complex ef- voices. He has made clear his support banned each of these unfair practices fort that he has taken under his wing for ending abusive practices which that were still allowed by the Federal and mastered. When we can get this cause so much pain and financial dam- Reserve rules. The substitute intro- passed—and hopefully we will by the age to American families, and he has duced today would not go as far as the end of May, as the President has re- called on Congress to send him a bill by Dodd-Levin bill, but offers a good com- quested—there will be a very strong the end of this month. promise with strong consumer protec- feeling across this country that, halle- We can and we should meet that tions that ought to attract widespread lujah, the Congress has finally acted to deadline. The House has acted. Their support in the Senate. The substitute correct some of the abuses which have version of this bill passed the House on remains stronger, for example, than cost our consumers so many hundreds April 30 by a vote of 357 to 70, garnering both the Federal Reserve credit card of billions of dollars in unfair charges support from a majority from both par- regulations and the House credit card by some credit card companies. ties. A similar vote in the Senate on bill in a number of ways. For example, Millions of Americans today are fac- the CARD Act will send a strong mes- it would prohibit retroactive interest ing the worst economic crisis of their sage that standing up for the American hikes for cardholders who pay their lifetime. Their hardship is being com- taxpayer and consumer is a bipartisan bills on time and would allow them pounded by unfair credit card fees and priority. only for those who pay more than 60 interest charges. It is long past time Under this bill, card issuers will no days late. Even then, if would require for us to do something about it. The longer be able to engage in the abusive banks to restore a lower interest rate Credit Cart Accountability, Responsi- business practice of first extending for persons who had paid 60 days late bility, and Disclosure Act of 2009, credit at one interest rate, and then but then made 6 months of on-time which is 414, introduced earlier this unilaterally jacking up the interest payments. The bill would also prohibit year by Senator DODD, myself, and a rate after the money is owing. Our bill interest charges for debt that is paid number of our colleagues to combat doesn’t restrict fair lending; it only af- on time, a key consumer protection for credit card abuses, is the best chance fects credit card companies that en- which I have been fighting for years. In we have to do just that. With this sub- gage in irresponsible lending practices addition, the bill would put its con- stitute, we are going to be able, I be- that bury people unfairly in debt, the sumer protections in place 9 months lieve, on a bipartisan basis, with hope- sort of debt that the companies often from now instead of the longer regu- fully enough support in the Senate, to don’t even expect to fully recover, but latory deadline of July 2010 or the 1- accomplish our goal. profit from nonetheless, through the year delay in the House bill. With home prices falling and unem- extraction of fees and interest. The bill, of course, will not only help ployment rising, millions of Americans Some argue that it is the role of reg- protect consumers and ensure their fair who are still managing to pay their ulators, not Congress, to combat unfair treatment, but it will also make cer- credit card bills on time have nonethe- lending practices. But for years Fed- tain that credit card companies that less been subjected to hiked interest eral regulators have not taken up that are willing to do the right thing are rates. They have been hit with a double task. Instead, they stood largely by si- not put at a competitive disadvantage whammy—hard economic times and lently while deceptive and unfair prac- by companies continuing unfair prac- abusive credit card interest rates and tices became entrenched in the credit tices. fees. It is simply wrong for America’s card industry. The Federal Reserve, in In 2006, Americans used 700 million banking giants to try to dig themselves particular, charged with issuing credit credit cards to buy about $2 trillion in

VerDate Mar 15 2010 08:45 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR09\S11MY9.000 S11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12088 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 11, 2009 goods and services. The average family ance, starting with the first day of the agreement. In other words, it cannot has five credit cards. Credit cards are billing period. That policy is unfair, raise the interest rate applicable to the being used to pay for groceries, mort- counterintuitive, and it is unknown to cardholder’s existing debt. The sub- gage payments, and even taxes. And a vast majority of cardholders who pay stitute would, however, allow the cred- they are saddling U.S. consumers, from the added interest. The CARD Act will it card company to increase the inter- college students to seniors, with a return a commonsense interpretation est rate applicable to future debt— mountain of debt. The latest figures of the grace period and simply prohibit meaning debt not yet incurred. In addi- show that U.S. credit card debt is now the charging of interest on debt that is tion, under the substitute, if a card approaching a trillion dollars. Credit paid on time. company increased an interest rate on cardholders are routinely being sub- Another key provision would limit a cardholder because of credit risk, or jected to unfair practices that squeeze the circumstances under which a credit market condition, the company would them for ever more money, sinking card company can hike the interest be required to review the increase after them further and further into debt. rate applicable to a cardholder’s exist- 6 months and reverse it if conditions I strongly commend Senator DODD, ing debt. Right now, credit cards are warrant. While my preference would be chairman of the Banking Committee, the only type of loan I know of whose to prohibit unilateral rate increases for taking action to move our credit terms can be unilaterally changed after entirely, the compromise is a signifi- card bill through the committee, de- the loan is incurred. Even in the tough- cant improvement over current law. It spite some opposition. I also commend est market conditions, for example, car would ban unilateral interest rate Senator SHELBY for joining him in this companies cannot increase the interest hikes on existing debt for consumers substitute. Now is the time for the full rate on a car loan, even if a borrower who play by the rules. Senate to act so that we can then re- pays late. The credit card companies To understand why these protections solve any differences with the House, can unilaterally hike a cardholder’s in- are needed, here are some examples of and send the bill to President Obama, terest rate at any time, for just about the credit card abuses we uncovered who has said he is ready to sign credit any reason, or no reason at all. This and some of the stories that American card legislation. patently unfair practice violates ac- consumers shared with us during the For years now, we have been com- cepted practice in the lending field out- course of the inquiries carried out by bating abusive credit card practices on side of credit cards, and the bill will my Permanent Subcommittee on In- our Permanent Subcommittee on In- put an end to that. The substitute will vestigations. vestigations, which I chair. The sub- ban retroactive rate hikes for existing The first case history we examined il- committee held two investigative hear- balances except in limited cir- lustrates the fact that major credit ings in 2007, exposing those practices. I cumstances, the most important of card issuers today impose a host of fees introduced legislation that same year, which is that it would ban such inter- on their cardholders, including late S. 1395, the Stop Unfair Credit Prac- est hikes for cardholders who pay on fees and over-the-limit fees that are tices in Credit Cards Act. I am pleased time and would allow them only for not only substantial in themselves but that at that time we had so many co- cardholders who pay more than 60 days can contribute to years of debt for fam- ilies unable to immediately pay them. sponsors, including Senators MCCAS- late. Even then, it will require banks Wesley Wannemacher of Lima, OH, KILL, LEAHY, DURBIN, BINGAMAN, CANT- to restore the prior lower rate if the testified at our March 2007 hearing. In WELL HITEHOUSE OHL ROWN EN cardholder follows with 6 months of on- , W , K , B , K - 2001 and 2002, Mr. Wannemacher used a NEDY ANDERS time payments. While our Dodd-Levin , and S . We followed that new credit card to pay for expenses by introducing the Dodd-Levin bill in bill would have gone even further and mostly related to his wedding. He this Congress. It incorporated much of banned retroactive rate hikes, period, charged a total of about $3,200, which the previous Senate bill that I referred the substitute offers a reasonable com- exceeded the card’s credit limit by $200. to, and it added other important pro- promise that will provide greater pro- He spent the next 6 years trying to pay tections as well. The Dodd-Levin bill tection in this area than the Federal off the debt, averaging payments of then provided the foundation for the Reserve regulation, or the House bill, about $1,000 per year. As of February Dodd-Shelby substitute. both of which would allow retroactive 2007, he had paid about $6,300 on his Senator DODD already outlined most interest rate hikes if a person paid $3,200 debt, but his billing statement of the important provisions in the more than 30 days late. showed he still owed $4,400. CARD Act. I want to highlight three Finally, while the substitute before How is it possible that a man pays provisions that I believe are critical to us does not go as far as our Dodd-Levin $6,300 on a $3,200 credit card debt, but delivering relief to American families bill did to prohibit universal default, still owes $4,400? Here’s how. On top of and returning common sense to the the substitute does place important the $3,200 debt, Mr. Wannemacher was credit card business. limits on how card companies can raise charged by the credit card issuer about First, the bill will prohibit interest rates when cardholders have met their $1,100 in late fees, $1,500 in over-the- charges on any portion of a credit card obligations and pay their credit card limit fees, and about $4,900 in interest. debt which the cardholder paid on time bills on time. Right now, credit card He was hit 47 times with over-limit during a grace period. Virtually all companies can unilaterally hike a fees, even though he went over the credit cards provide a grace period, so cardholder’s interest rate if the com- limit only 3 times and exceeded the called, in which a credit card debt can pany receives information indicating limit by only $200. Altogether, these be repaid without incurring interest that the cardholder is an increased risk fees and the interest charges added up charges. But what most people don’t of not paying his or her debts, even if to $7,500, which, on top of the original realize is that the credit card industry the cardholder has a years-long record $3,200 credit card debt, produced total restricts this grace period to people of on-time payments and has never charges to him of $10,700. who pay off their entire balance in full. paid a bill late to that company. The In other words, the interest charges If a cardholder repays only part of the companies can apply the new higher and fees more than tripled the original balance during the grace period, even rate to the cardholder’s existing debt, $3,200 credit card debt, despite pay- though it is more than the minimum as well as future debt. ments by the cardholder averaging amount, the issuer charges interest on The substitute would put an end to $1,000 per year. Unfair? Clearly, but our the entire balance—even the portion that practice as it applies to existing investigation has shown that that was repaid on time. balances. It provides that if a card- exhorbitant interest charges and fees If I charge $5,000 in a month and pay holder meets the obligation of the card are not uncommon in the credit card off $2,500 by the due date—again, an agreement by paying on time and stay- industry. amount far more than the minimum ing under the credit limit, the credit The week before our March hearing, payment required—I will still be card company must hold its end of the his credit card company decided to for- charged interest on the full $5,000 bal- bargain and honor the terms of the give the remaining debt on the

VerDate Mar 15 2010 08:45 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR09\S11MY9.000 S11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 11, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 12089 Wannemacher account, and while that limit fees totaling $2,200. Those fees interest charges, $2,200 in over-the- was great news for the Wannemacher stopped after the March 2007 hearing limit fees, $2,000 in late fees, and $160 in family, that decision didn’t begin to re- before my subcommittee, in which pay-to-pay fees. All of these interest solve the problem of excessive credit Chase promised to stop charging more charges and fees were assessed by card fees and sky-high interest rates than three over-the-limit fees for a sin- Chase while the account was closed and that trap too many hard-working fami- gle violation of a credit card limit. In without a single purchase having been lies in a downward spiral of debt. addition to the 64 over-the-limit fees, made since 1995. Despite his lack of These high fees are made worse by since February 2001, Chase has charged purchases and payments totaling the industry-wide practice of including Mr. McClune nearly $2,000 in late fees. $15,800, Chase records show that, from fees in a consumer’s outstanding bal- The records also show that since 2001, February 2001 until June 2008, Mr. ance in a manner that would also incur Mr. McClune was contacted on several McClune was able to reduce his credit interest charges. Those interest occasions by Chase representatives card balance by only about $1,850. charges magnify the cost of the fees seeking payment on his account. If he Mr. McClune is not trying to avoid and can quickly drive a family’s credit agreed to make a payment over the his debt. He has made years of pay- card debt far beyond the cost of their telephone, Chase charged him—without ments on a closed credit card account initial purchases. It is one thing for a notifying him at the time—a fee of $12 that he has not used to make a pur- bank to charge interest on funds lent to $15 per telephone payment. When chase in 13 years. He has paid thou- to a consumer; charging interest on asked about these fees, Chase told the sands and thousands of dollars—four penalty fees goes too far. subcommittee that the fees were im- and possibly five times what he origi- Another troubling case history in- posed, because on each occasion Mr. nally owed—in an attempt to pay off volves Charles McClune, a 51-year-old McClune had spoken with a ‘‘live advi- his credit card account. He is still pay- Michigan resident who is married with sor.’’ Since 2001, he has paid a total of ing. But his thousands of dollars in one child. Mr. McClune had a credit $160 in these pay-to-pay fees. payments are not enough for his credit card account which he closed in 1998, Altogether, since 2001, Mr. McClune card issuer which is squeezing him for and has been trying to pay off for more has paid nearly $4,400 in fees on a debt every cent it can, fair or not, for years than 10 years. Due to excessive fees and of less than $4,000. If the more than 4 on end. Tragically, Mr. McClune and Mr. interest rates, and despite paying more years of missing credit card bills were Wannemacher have a lot of company in than four times his original credit card available from 1996 to 2000, this fee their credit card experiences. The debt of less than $4,000, Mr. McClune total would be even higher. In addition, many case histories investigated by my still owes thousands on his credit card, each fee was added to Mr. McClune’s subcommittee show that responsible with no end in sight. outstanding credit card balance, and cardholders across the country are Mr. McClune first opened his credit Chase charged him interest on the fee being squeezed by unfair credit card card account while in college, in 1986, amounts, thereby increasing his debt lending practices involving excessive through a student-targeted credit pro- by thousands of additional dollars. fee and interest charges. The current motion at a Michigan bank. After leav- In February 2001, Chase records show regulatory regime—even with the new ing college, the credit limit on his card that Mr. McClune’s credit card debt to- Federal Reserve regulation—is insuffi- was increased to $4,000. By 1993, al- taled nearly $5,200. For the next 7 cient to prevent these ongoing credit though he had not exceeded the credit years, although he did not pay every card abuses. Legislation is clearly limit through purchases, Mr. McClune month, Mr. McClune paid nearly $2,000 needed. had missed some payments and was as- per year toward his credit card debt, Another galling practice featured in sessed interest and fees that pushed his but was unable to pay it off. At one our hearings involves the fact that balance over the $4,000 limit. From 1993 time, he paid $150 every 2 weeks for credit card debt that is paid on time to 1996, he exceeded his limit again, on several weeks. Those payments did not routinely accrues interest charges, and several occasions, due to interest and bring his debt under the $4,000 credit credit card bills that are paid on time fee charges. He stopped making pur- limit, or reduce his interest rate. and in full are routinely inflated with chases on the credit card in 1995. In January 2007, Mr. McClune re- what I call ‘‘trailing interest.’’ Every In 1996, Mr. McClune’s credit card ac- ceived a letter from Chase stating that single credit card issuer contacted by count was purchased by Chase Bank. In if he made his next payment on time, the Subcommittee engaged in both of 1998, Mr. McClune asked Chase to close he would receive a $50 credit on his these unfair practices which squeeze the account, and Chase did so. Al- debt. Mr. McClune cashed out his IRA additional interest charges from re- though he never made a single pur- and paid $4,000 on his credit card debt. sponsible cardholders. chase on his credit card while the ac- Because he made this payment in Feb- Here’s how it works. Suppose a con- count was with Chase, Chase repeat- ruary, however, he did not receive the sumer who usually pays his account in edly increased the interest rate on his $50 credit for an on-time payment. In- full, and owes no money on December account, including after the account stead, he was assessed a $39 late fee, a 1st, makes a lot of purchases in Decem- was closed. In 2002, for example, his in- $39 over-the-limit fee, and a $14.95 pay- ber, and gets a January 1 credit card terest rate was about 21 percent; by Oc- ment fee for making the $4,000 payment bill for $5,020. That bill is due January tober 2005, it had climbed to 29.99 per- over the telephone. 15. Suppose the consumer pays that bill cent where it remained for more than Mr. McClune was never offered a pay- on time, but pays $5,000 instead of the two years until March 2008; it then ment plan or a reduced interest rate by full amount owed. What do you think dropped slightly to 29.24 percent. The Chase to help him pay down his debt. the consumer owes on the next bill? higher interest rates were applied His credit card bills show that from If you thought the bill would be the retroactively to Mr. McClune’s closed February 2001 to June 2008, he paid $20 past due plus interest on the $20, account balance, increasing the size of Chase a total of $15,800. If the 4 years of you would be wrong. In fact, under in- his minimum payments and his overall missing credit card bills from 1996 to dustry practice today, the bill would debt. 2000 were available, his total payments likely be twice as much. That is be- Chase also assessed Mr. McClune re- would likely exceed $20,000. In June cause the consumer would have to pay peated over-the-limit and late fees, 2008, his credit card bill showed he was interest, not just on the $20 that wasn’t which began at $29 and increased over charged 29 percent interest and a $39 paid on time, but also on the $5,000 that time to $39 per fee. Chase cannot locate late fee on a balance of $3,300. was paid on time. In other words, the statements for Mr. McClune’s account How could Mr. McClune pay $15,000 to consumer would have to pay interest prior to February 2001, so there is no $20,000 on credit card purchases of less on the entire $5,020 from the first day record of all the fees he has paid. The than $4,000, and still owe $3,300? His of the new billing month, January 1, records in existence show that, since credit card statements since 2001 show until the day the bill was paid on Janu- February 2001, he has paid 64 over-the- that he was socked with over $9,700 in ary 15, compounded daily. So much for

VerDate Mar 15 2010 08:45 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR09\S11MY9.000 S11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12090 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 11, 2009 a grace period! In addition, the con- Janet Hard of Freeland, MI, had ac- Bank of America eventually restored sumer would have to pay the $20 past crued over $8,000 in debt on her Dis- the 8 percent rate on her closed ac- due, plus interest on the $20 from Janu- cover card. Although she made pay- count. ary 15 to January 31, again com- ments on time and paid at least the In addition to these three consumers pounded daily. In this example, using minimum due for over 2 years, Dis- who testified at the hearing, the Sub- an interest rate of 17.99 percent, which cover increased her interest rate from committee presented case histories for is the interest rate charged to Mr. 18 percent to 24 percent in 2006. At the five other consumers who experienced Wannamacher, the $20 debt would, in 1 same time, Discover applied the 24 per- substantial interest rate increases de- month, rack up $35 in interest charges cent rate retroactively to her existing spite complying with their credit card and balloon into a debt of $55.21. credit card debt, increasing her min- agreements. You might ask—hold on—why does imum payments and increasing the I would also like to note that, in each the consumer have to pay any interest amount that went to finance charges of these cases, the credit card issuer at all on the $5,000 that was paid on instead of the principal debt. The re- told our Subcommittee that the card- time? Why does anyone have to pay in- sult was that, despite making steady holder had been given a chance to opt terest on the portion of a debt that was payments totaling $2,400 in 12 months out of the increased interest rate by paid by the date specified in the bill— and keeping her purchases to less than closing their account and paying off in other words, on time? The answer is, $100 during that same year, Janet their debt at the prior rate. But each of because that’s how the credit card in- Hard’s credit card debt went down by these cardholders denied receiving an dustry has operated for years, and they only $350. Sky-high interest charges, opt-out notice, and when several tried have gotten away with it. inexplicably increased and unfairly ap- to close their account and pay their There is more. You might think that plied, ate up most of her payments. debt at the prior rate, they were told once the consumer gets gouged in Feb- Millard Glasshof of Milwaukee, WI, a they had missed the opt-out deadline ruary, paying $55.21 on a $20 debt, and retired senior citizen on a fixed in- and had no choice but to pay the high- pays that bill on time and in full, with- come, incurred a debt of about $5,000 on er rate. Our subcommittee examined out making any new purchases, that his Chase credit card, closed the ac- copies of the opt-out notices that the would be the end of it. But you would count, and faithfully paid down his companies claimed to have sent, and be wrong again. It is not over. debt with a regular monthly payment found that some were filled with legal Even though, on February 15, the of $119 for years. In December 2006, jargon, were hard to understand, and consumer paid the February bill in full Chase increased his interest rate from contained procedures that were hard to and on time—all $55.21—the next bill 15 percent to 17 percent and in Feb- follow. When we asked the major credit has an additional interest charge on it, ruary 2007, hiked it again to 27 percent. card issuers what percentage of persons for what we call ‘‘trailing interest.’’ In Retroactive application of the 27 per- offered an opt-out actually took it, this case, the trailing interest is the cent rate to Mr. Glasshof’s existing they told the Subcommittee that 90 interest that accumulated on the $55.21 debt meant that, out of his $119 pay- percent did not opt out of the higher from February 1 to 15, which is the ment, about $114 went to pay finance interest rate—a percentage that is con- time period from the day when the bill charges and only $5 went to reducing trary to all logic and strong evidence was sent to the day when it was paid. his principal debt. Despite his making that current opt-out procedures do not The total is 38 cents. While some payments totaling $1,300 over 12 provide fair notice. issuers will waive trailing interest if months, Mr. Glasshof found that, due The case histories presented at our the next month’s bill is less than $1, if to high interest rates and excessive hearings illustrate only a small portion a consumer makes a new purchase, a fees, his credit card debt did not go of the abusive credit card practices common industry practice is to fold down at all. Later, after the sub- going on today. Since early 2007, our the 38 cents into the end-of-month bill committee asked about his account, subcommittee has received letters and reflecting the new purchase. Chase suddenly lowered the interest emails from thousands of credit card- Now 38 cents isn’t much in the big rate to 6 percent. That meant, over a 1- holders describing sometimes unbeliev- scheme of things. That may be why year period, Chase had applied four dif- able credit card practices and asking many consumers don’t notice these ferent interest rates to his closed cred- for help to stop it. These are more com- types of extra interest charges or try it card account: 15 percent, 17 percent, plaints than I have received in any to fight them. Even if someone had 27 percent and 6 percent, which shows other investigation that we have con- questions about the amount of interest how arbitrary those rates are. ducted in that subcommittee, or an on a bill, most consumers would be Then there is Bonnie Rushing of earlier subcommittee which I chaired, hard pressed to understand how the Naples, FL. For years, she had paid her in more than 30 years now in Congress. amount was calculated, much less Bank of America credit card on time, The complaints stretch across all in- whether it was incorrect. But by nickel providing at least the minimum come levels, all ages, and all areas of and diming tens of millions of con- amount specified on her bills. Despite the country. sumer accounts, credit card issuers her record of on-time payments, in The bottom line is that these abuses reap large profits. I think it is indefen- 2007, Bank of America nearly tripled have gone on for far too long. In fact, sible to make consumers pay interest her interest rate from 8 to 23 percent. these practices have been around for so on debt which they pay on time. It is The Bank said that it took this sudden many years that they have, in many also just plain wrong to charge trailing action because Ms. Rushing’s credit cases, become the industry norm. Our interest when a bill is paid on time and score had dropped. When we looked investigations have shown that many in full. into why it had dropped, it was appar- of the practices are too entrenched, too My subcommittee’s hearings also fo- ently because she had taken out profitable, and too immune to con- cused on another set of unfair credit Macy’s and J. Jill credit cards to get sumer pressures for us to have con- card practices involving fair interest discounts on purchases. Despite paying fidence that the companies will change rate increases. Cardholders who had both bills on time and in full, the auto- them on their own. For these reasons, years-long records of paying their cred- mated credit scoring system run by the I hope our colleagues will pass the sub- it card bills on time, staying below Fair Issac Corporation had lowered her stitute before us. It is time to return their credit limits, and paying at least credit rating, and Bank of America had common sense, responsibility, and fair- the minimum amount due, were never- followed suit by raising her interest ness to the credit card industry. theless socked with substantial inter- rate by a factor of three. Ms. Rushing With thanks and gratitude to the est rate increases. Some saw their closed her account and complained to leaders in the Banking Committee, credit card interest rates double or the Florida attorney general, my Sub- Senators DODD and SHELBY, for the ini- even triple. At the hearing, three con- committee, and her card sponsor, the tiative they have taken and the cour- sumers described this experience. American Automobile Association. age they are showing in taking on

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Madam President, I ask cated. Additionally, 20 percent will be Scott Ford, SSG Luis Morales, SSG unanimous consent that the order for placed into a renewable energy permit Seth Howard, SSG Ronald Shurer, SSG the quorum call be rescinded. processing improvement fund for Ne- John Walding, SSG Dillon Behr, SGT The PRESIDING OFFICER. Without vada, Wyoming, Arizona, and Cali- David Sanders, SGT Matthew Williams, objection, it is so ordered. fornia. The last 5 percent will be re- and SPC Michael Carter. f sponsibly set aside to augment the res- I will ask to have printed in the toration and reclamation that will be RECORD a copy of their Silver Star ci- MORNING BUSINESS needed if and when these facilities are tations. I will also ask to have printed Mr. REID. Madam President, I ask removed from our public lands. Por- in the RECORD a copy of a Washington unanimous consent that the Senate tions of this money will also be avail- Post report describing the battle on proceed to a period for the transaction able to acquire and protect other sen- that Afghan mountainside. of morning business, with Senators al- sitive lands. This is an important step Mr. President, as I mentioned earlier, lowed to speak for up to 10 minutes since, during the operation of these it was our privilege to honor these he- each. beneficial renewable energy facilities, roic Green Berets, who were joined at The PRESIDING OFFICER. Without the American people will lose access to the lunch by SSG Robert Gutierrez, objection, it is so ordered. hundreds of thousands of acres of in- Jr., an Air Force special tactics com- f credible open space and wildlife habi- bat controller who targeted airstrikes tat. during the mission. For his actions, he RENEWABLE ENERGY PERMITTING Our goal, is to do this right from the ACT was awarded the Bronze Star Medal beginning. That means responsibly de- with ‘‘V’’ device for valor. Mr. REID. Madam President, I am veloping our vast renewable energy re- No words can truly express the depth proud to once again have joined my sources and to give States and commu- of our gratitude to these men and all nities new economic development op- friend, Senator ENSIGN, in introducing the other members of our Armed portunities that will create sustainable legislation that is good for Nevada and Forces who have answered their coun- growth and grow the clean energy in- will help create jobs and contribute to try’s call. dustry locally. rebuilding Nevada’s economy. Madam President, I ask unanimous Senator ENSIGN and I have a long his- The Federal Government owns 87 per- consent to have the materials to which cent of Nevada’s land. Nevada reaps tory of working together to overcome the challenges Nevada faces because of I referred printed in the RECORD. tremendous benefits from this land—we There being no objection, the mate- have some of the most scenic areas and the significant presence of Federal land in our State. Our efforts have made rial was ordered to be printed in the clearest skies in the country. This land RECORD, as follows: is also blessed with some of the most those lands work for Nevadans from all valuable clean energy resources Amer- walks of life. [From The Washington Post, Dec. 12, 2008] ica has to offer—these resources alone I look forward to continuing these ef- 10 GREEN BERETS TO RECEIVE SILVER STAR forts with my friend Senator ENSIGN. FOR FGHAN ATTLE could power the entire Nation with the A B right investments in our transmission f (By Ann Scott Tyson) grid. SILVER STAR RECIPIENTS After jumping out of helicopters at day- break onto jagged, ice-covered rocks and I could not be prouder that President Mr. DORGAN. Madam President, on Obama and Secretary Salazar are com- into water at an altitude of 10,000 feet, the Thursday I was privileged to host a bi- 12-man Special Forces team scrambled up mitted to using our public lands to de- partisan lunch of the Senate Demo- the steep mountainside toward its target—an velop solar, wind, geothermal and bio- cratic and Republican policy commit- insurgent stronghold in northeast Afghani- mass energy resources, and without tees, in honor of a team of Green Be- stan. harming sensitive areas. A week ago rets who earned the Silver Star for ex- ‘‘Our plan,’’ Capt. Kyle M. Walton recalled Saturday, Secretary Salazar came to traordinary bravery in combat oper- in an interview, ‘‘was to fight downhill.’’ Nevada to announce over $26 million in But as the soldiers maneuvered toward a ations in Afghanistan. These are true cluster of thick-walled mud buildings con- Recovery funding for Nevada—a large American heroes, and their actions portion for expediting renewable en- structed layer upon layer about 1,000 feet were in the proudest traditions of our farther up the mountain, insurgents quickly ergy projects on BLM land. This com- Armed Forces in general, and of our manned fighting positions, readying a bar- mitment is invaluable to Nevada’s fu- Special Operations forces in particular. rage of fire for the exposed Green Berets. ture as the Nation’s leader in clean re- On April 6, 2008, this team’s mission A harrowing, nearly seven-hour battle un- newable energy. was to capture or kill several very folded on that mountainside in Afghanistan’s To continue helping this very effort high-ranking members of the Hezb-e- Nuristan province on April 6, as Walton, his and to ensure that solar and wind Islami Gulbuddin, HIG, militant group. team and a few dozen Afghan commandos projects on Federal land provide max- they had trained took fire from all direc- The insurgents were in their strong- tions. Outnumbered, the Green Berets fought imum value to the State, Senator EN- hold, a village perched in Nuristan’s on even after half of them were wounded— SIGN and I have introduced the Renew- Shok Valley that is normally acces- four critically—and managed to subdue an able Energy Permitting Act, REPA. sible only by pack mule. estimated 150 to 200 insurgents, according to This legislation is very similar to pro- During a harrowing, nearly 7-hour interviews with several team members and visions I included in the Clean Renew- battle on a mountainside, this team official citations. able Energy and Economic Develop- and a few dozen Afghan commandos Today, Walton and nine of his teammates ment Act, S. 539, that I introduced in they had trained took fire from all di- from Operational Detachment Alpha 3336 of March of this year. rections. Outnumbered, the Green Be- the 3rd Special Forces Group will receive the REPA will help solar and wind Silver Star for their heroism in that battle— rets fought on even after half of them the highest number of such awards given to projects receive BLM approval more were wounded—and managed to kill an the elite troops for a single engagement quickly so these projects can begin estimated 150 to 200 enemy fighters. since the Vietnam War. generating clean energy and creating For their heroism in battle, 10 mem- That chilly morning, Walton’s mind was on jobs sooner, rather than later and sus- bers of Operational Detachment Alpha his team’s mission: to capture or kill several

VerDate Mar 15 2010 08:45 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR09\S11MY9.000 S11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12092 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 11, 2009 members of the Hezb-e-Islami Gulbuddin thumb, he later recalled. ‘‘My thumb felt courage and commitment to mission accom- (HIG) militant group in their stronghold, a great,’’ he said wryly, noting that through- plishment are a testament to his bravery village perched in Nuristan’s Shok Valley out the incident he never lost consciousness. under fire. Master Sergeant Ford exposed that was accessible only by pack mule and so ‘‘My name is John Wayne,’’ he said. himself to insurgent fire in order to provide remote that Walton said he believed that no Soon afterward, a round hit Ford in the precision fire against insurgent fighting po- U.S. troops, or Soviet ones before them, had chest, knocking him back but not pene- sitions. Master Sergeant Ford, although in- ever been there. trating his body armor. A minute later, an- jured, never stopped leading his men and But as the soldiers, each carrying 60 to 80 other bullet went through his left arm and continued to organize forces to assist his pounds of gear, scaled the mountain, they shoulder, hitting the helmet of the medic, comrades until he was physically incapable could already spot insurgents running to and Staff Sgt. Ronald J. Shurer, who was behind of fighting. Master Sergeant Ford’s actions fro, they said. As the soldiers drew closer, him treating Behr. An insurgent sniper was are in keeping with the finest traditions of they saw that many of the mud buildings had zeroing in on them. military service and reflect great credit holes in the foot-thick walls for snipers. The Bleeding heavily from the arm, Ford put upon himself, Combined Joint Special Oper- U.S. troops had maintained an element of together a plan to begin removing the ations Task Force—Afghanistan, Special Op- surprise until their helicopters turned into wounded, knowing they could hold out only erations Command Central, and the United the valley, but by now the insurgent leaders for so long without being overrun. By this States Army. entrenched above knew they were the tar- time, Air Force jets had begun dropping doz- STAFF SERGEANT LUIS G. MORALES, UNITED gets, and had alerted their fighters to rally. ens of munitions on enemy positions precar- STATES ARMY Staff Sgt. Luis Morales of Fredericksburg iously close to the Green Berets, including FOR GALLANTRY was the first to see an armed insurgent and 2,000-pound bombs that fell within 350 yards. opened fire, killing him. But at that mo- ‘‘I was completely covered in a cloud of in action on 6 April 2008, while under in- ment, the insurgents began blasting away at black smoke from the explosion,’’ said How- tense enemy fire as Intelligence Sergeant, the American and Afghan troops with ma- ard, and Behr was wounded in the intestine Special Forces Operational Detachment chine guns, sniper rifles and rocket-propelled by a piece of shrapnel. Alpha 3336, Special Operations Task Force– grenades—shooting down on each of the U.S. The evacuation plan, Ford said, was that 33, in support of Operation Enduring Free- positions from virtually all sides. ‘‘every time they dropped another bomb, we dom. His personal courage and commitment ‘‘All elements were pinned down from ex- would move down another terrace until we to mission accomplishment are a testament tremely heavy fire from the get-go,’’ Walton basically leapfrogged down the mountain.’’ to his bravery under fire. Staff Sergeant Mo- said. ‘‘It was a coordinated attack.’’ The in- Ford was able to move to lower ground after rales, although wounded, heroically ran back surgent Afghan fighters knew there was only one bomb hit, but insurgent fire rained down into the line of fire to retrieve wounded com- one route up the valley and ‘‘were able to again, pinning the soldiers left behind. rades and administered treatment to the wait until we were in the most vulnerable ‘‘If we went that way, we would have all wounded. His selfless acts in the face of position to initiate the ambush,’’ said Staff died,’’ said Howard, who was hiding behind enemy fire saved numerous lives. Staff Ser- Sgt. Seth E. Howard, the team weapons ser- 12-inch-high rocks with bullets bouncing off geant Morales’ actions are in keeping with geant. about every 10 seconds. Insurgents again the finest traditions of military service and Almost immediately, exposed U.S. and Af- nearly overran the U.S. position, firing down reflect great credit upon himself, Combined ghan troops were hit. An Afghan interpreter from 25 yards away—so near that the Ameri- Joint Special Operations Task Force—Af- was killed, and Staff Sgt. Dillon Behr was cans said they could hear their voices. An- ghanistan, Special Operations Command shot in the hip. other 2,000-pound bomb dropped ‘‘danger Central, and the United States Army. ‘‘We were pretty much in the open, there close,’’ Howard said, allowing the soldiers to STAFF SERGEANT JOHN W. WALDING, UNITED were no trees to hide behind,’’ said Morales, get away. STATES ARMY Finally, after hours of fighting, the troops who with Walton pulled Behr back to their FOR GALLANTRY made their way down to the streambed, with position. Morales cut open Behr’s fatigues in action on 6 April 2008, while serving as and applied pressure to his bleeding hip, even those who could still walk carrying the wounded. A medical evacuation helicopter Senior Communications Sergeant, Special though Morales himself had been shot in the Forces Operational Detachment Alpha, Spe- right thigh. A minute later, Morales was hit flew in, but the rotors were immediately hit by bullets, so the pilot hovered just long cial Operations Task Force–33, in support of again, in the ankle, leaving him struggling Operation Enduring Freedom. Staff Sergeant to treat himself and his comrade, he said. enough to allow the in-flight medic to jump off, then flew away. Walding acted without regard for his per- Absent any cover, Walton moved the body of sonal safety in leading an assault element up the dead Afghan interpreter to shield the A second helicopter came in but had to land in the middle of the icy, fast-moving over 500 meters of uphill terrain under in- wounded. tense enemy fire in order to reinforce his de- Farther down the hill in the streambed, stream. ‘‘It took two to three guys to carry each casualty through the river,’’ Ford said. tachment’s beleaguered position. Once Master Sgt. Scott Ford, the team sergeant, reaching the position, he was critically was firing an M203 grenade launcher at the ‘‘It was a mad dash to the medevac.’’ As they sat on the helicopter, it sustained several wounded by sniper fire, but continued to lay fighting positions, he recalled. An Afghan down suppressing fire so his unit could orga- commando fired rocket-propelled grenades at rounds of fire, and the pilot was grazed by a bullet. nize casualty retrieval. His extreme courage the windows from which they were taking and selfless devotion to his fallow Soldiers in fire, while Howard shot rounds from a rocket By the time the battle ended, the Green Berets and the commandos had suffered 15 the face of a life-threatening injury inspired launcher and recoilless rifle. the entire assault force over the course of Ford, of Athens, Ohio, then moved up the wounded and two killed, both Afghans, while an estimated 150 to 200 insurgents were dead, the six-hour firefight. Staff Sergeant mountain amid withering fire to aid Walton Walding’s actions are in keeping with the at his command position. The ferocity of the according to an official Army account of the battle. The Special Forces soldiers had near- finest traditions of military service and re- attack surprised him, as rounds ricocheted flect great credit upon himself, the Com- nearby every time he stuck his head out ly run out of ammunition, with each having one to two magazines left, Ford said. bined Joint Special Operations Task Force— from behind a rock. ‘‘Typically they run out Afghanistan, and the United States Army. of ammo or start to manage their ammo, but ‘‘We should not have lived,’’ said Walding, STAFF SERGEANT SETH E. HOWARD, UNITED . . . they held a sustained rate of fire for reflecting on the battle in a phone interview STATES ARMY about six hours,’’ he said. from Fort Bragg, N.C., where he and the nine As Ford and Staff Sgt. John Wayne others are to receive the Silver Stars today. FOR GALLANTRY Walding returned fire, Walding was hit below Nine more Green Berets from the 3rd Special in action on 6 April 2008, while under in- his right knee. Ford turned and saw that the Forces Group will also receive Silver Stars tense enemy fire as Junior Weapons Ser- bullet ‘‘basically amputated his right leg for other battles. About 200 U.S. troops serv- geant, Special Forces Operational Detach- right there on the battlefield.’’ ing in Iraq and Afghanistan have received ment Alpha 3336, Special Operations Task Walding, of Groesbeck, Tex., recalled: ‘‘I the Silver Star, the U.S. military’s third- Force–33, in support of Operation Enduring literally grabbed my boot and put it in my highest combat award. Freedom. His personal courage and commit- crotch, then got the boot laces and tied it to ment to mission accomplishment are a testa- my thigh, so it would not flop around. There MASTER SERGEANT SCOTT E. FORD, UNITED ment to his bravery under fire. Staff Ser- was about two inches of meat holding my leg STATES ARMY geant Howard bravely defended his comrades on.’’ He put on a tourniquet, watching the FOR GALLANTRY and refused to withdraw from his position blood flow out the stump to see when it was in action on 6 April 2008, while under in- until everyone was safe. His courageous ef- tight enough. tense enemy fire as Team Sergeant, Special forts prevented the position from being over- Then Walding tried to inject himself with Forces Operational Detachment Alpha 3336, run on two separate occasions, and his morphine but accidentally used the wrong Special Operations Task Force–33, in support counter sniper fires helped save the lives of tip of the syringe and put the needle in his of Operation Enduring Freedom. His personal his fellow Soldiers and Afghan commandos.

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Staff Sergeant Howards’ actions are in keep- STAFF SERGEANT RONALD J. SHURER, UNITED on 6 April 2008. On that day, Sergeant ing with the finest traditions of military STATES ARMY Gutierrez was attached to Army Special service and reflect great credit upon himself, FOR GALLANTRY Forces Operational Detachment-Alpha 3312 as a Joint Terminal Attack Controller, in Combined Joint Special Operations Task in action on 6 April 2008 while under in- support of Operation COMMANDO WRATH. Force—Afghanistan, Special Operations tense enemy fire as Senior Medical Sergeant, He provided critical Airmanship skills dur- Command Central, and the United States Special Forces Operational Detachment Army. ing a violent 6 and a half hour battle against Alpha 3336, Special Operations Task Force– heavily armed and entrenched enemy fight- SPECIALIST MICHAEL D. CARTER, UNITED 33, in support of Operation Enduring Free- ers. While approaching the objective, while STATES ARMY dom. His personal courage and commitment climbing near-vertical terrain, the assault FOR GALLANTRY to mission accomplishment are a testament force was ambushed by anti-Coalition forces in action on 6 April 2008, while under in- to his bravery under fire. Staff Sergeant which pinned down the lead team on a 60- tense enemy fire as Combat Cameraman, Shurer rendered life saving aid to wounded foot high rock cliff and produced several Special Forces Operational Detachment casualties under his care. His ingenious ac- friendly casualties. Sergeant Gutierrez co- Alpha 3336. Special Operations Task Force– tions saved the lives of numerous team- ordinated with the engaged element and di- 33, In support of Operation Enduring Free- mates. Staff Sergeant Shurer’s actions are in rected lethal gun, missile, and bomb attacks dom. His personal courage and commitment keeping with the finest traditions of mili- from AH–64s and F–15Es. Despite these to mission accomplishment are a testament tary service and reflect great credit upon strikes, the attack intensified onto his to his bravery under fire. Specialist Carter himself, Combined Joint Special Operations team’s position. Despite being struck twice exposed himself to insurgent fire in order to Task Force—Afghanistan, Special Oper- by 7.62 millimeter bullets in the helmet, Ser- recover a critically wounded comrade, as ations Command Central, and the United geant Gutierrez maintained his calm de- well as a Satellite Communications Radio. States Army. meanor and continued to prosecute targets. Specialist Carter’s actions aided in the re-es- CAPTAIN KYLE M. WALTON, UNITED STATES As the fight continued, the insurgents shift- tablishment of communication with higher ARMY ed their efforts toward arriving helicopters headquarters. He also shielded casualties FOR GALLANTRY and engaged them with heavy fire. Sergeant Gutierrez coordinated with the ground force from falling debris and assisted in an ex- in action on 6 April 2008, while under in- commander to delay friendly force extrac- tremely dangerous and courageous rescue of tense enemy fire as the Team Commander, tion until the enemy positions could be sup- more than six casualties. Specialist Carter’s Special Forces Operational Detachment pressed. Enabled his systematic control of actions are in keeping with the finest tradi- Alpha 3336, Special Operations Task Force– air power during the fight, all 17 friendly tions of military service and reflect great 33, in support of Operation Enduring Free- casualties were safely evacuated and 40 credit upon himself, Combined Joint Special dom. His personal courage and commitment enemy fighters were killed. By his heroic ac- Operations Task Force—Afghanistan, Spe- to mission accomplishment are a testament tions and unselfish dedication to duty, Ser- cial Operations Command Central, and the to his bravery under fire. He continued to geant Gutierrez has reflected great credit United States Army. maintain effective command and control of upon himself and the United States Air STAFF SERGEANT DILLON L. BEHR, UNITED five different maneuver elements while re- Force. STATES ARMY peatedly engaging enemy combatants. His FOR GALLANTRY unwavering combat leadership and poise f in action on 6 April 2008, while serving as under fire was directly responsible for saving REMEMBERING JACK KEMP a communications sergeant, Special Forces the lives of United States and Afghan Sol- diers. Captain Walton’s leadership and brav- Mr. HATCH. Madam President, I wish Operational Detachment Alpha, Special Op- to pay tribute to a great American and erations Task Force–33, in support of Oper- ery are in keeping with the finest traditions ation Enduring Freedom. After insurgent of military service and reflect great credit friend, former Congressman Jack forces ambushed his combined raid element, upon himself, Combined Joint Special Oper- Kemp. I was deeply saddened to learn Staff Sergeant Behr acted with total dis- ations Task Force—Afghanistan, Special Op- of his passing and offer my sincerest regard for his own safety, holding his posi- erations Command Central, and the United condolences to his sweet wife Joanne; tion as bullets impacted within inches of States Army. their four children, Jeffrey, Jennifer, him, even after sustaining a life-threatening SERGEANT DAVID J. SANDERS, UNITED STATES Judith, and James; and 17 grand- wound to his leg and later after receiving a ARMY children. Jack has left a lasting im- second critical wound. Over the course of the FOR GALLANTRY pression and legacy that will be hon- more-than-six-hour battle, Staff Sergeant in action on 6 April 2008, while under in- ored and long remembered by a grate- Behr continued to engage and kill multiple tense enemy fire as Engineer Sergeant, Spe- ful nation. enemies until he was no longer physically cial Forces Operational Detachment Alpha capable of holding his weapon. His tremen- Jack came to Congress after 13 years 3336, Special Operations Task Force–33, in as a professional football quarterback. dous courage and selfless devotion to his fel- support of Operation Enduring Freedom. His low Soldiers inspired his unit to continue to personal courage and commitment to mis- His career in professional football dem- fight against overwhelming odds until relief sion accomplishment are a testament to his onstrates the value of persistence, self- arrived. Staff Sergeant Behr’s actions are in bravery under fire. His heroic efforts to confidence, and courage. Jack began keeping with the finest traditions of mili- mark insurgent fighting positions with his his football career slowly and without tary service and reflect great credit upon grenade launcher was crucial for the delivery much success. However, he was fiercely himself, the Combined Joint Special Oper- of on target ordinance that destroyed insur- competitive and eventually led the ations Task Force—Afghanistan, and the gent fighting positions and made possible the Buffalo Bills to 33 victories and 2 United States Army. withdrawal of his element. His bravery, poise league championships. He was selected SERGEANT MATTHEW O. WILLIAMS, UNITED under fire, determination against a numeri- All-League quarterback, AFL Player of STATES ARMY cally superior force, and concern for his fall- en comrades, were integral to the successful the Year, Most Valuable Player, and FOR GALLANTRY appeared in five AFL championship in action on 6 April 2008. while under in- medical evacuation and movement of the rest of the force to the extraction point. Ser- games and seven AFL All-Star games. tense enemy fire as Weapons Sergeant, Spe- Jack was also recognized by Sporting cial Forces Operational Detachment Alpha geant Sanders’ actions are in keeping with 3336, Special Operations Task Force–33, in the finest traditions of military service and News as one of the top 50 quarterbacks support of Operation Enduring Freedom. His reflect great credit upon himself, Combined of all time. Sports taught him that the personal courage and commitment to mis- Joint Special Operations Task Force—Af- only real failure is not trying again sion accomplishment are a testament to his ghanistan, Special Operations Command and that out of adversity comes bravery under fire. His actions directly at- Central, and the United States Army. strength, determination, and ultimate tributed to the suppression of enemy com- CITATION TO ACCOMPANY THE AWARD OF THE victory. batants. Sergeant Williams’ bravery allowed BRONZE STAR MEDAL (WITH VALOR) TO ROB- When asked if being a football star the patrol to evacuate the other soldiers ERT GUTIERREZ, JR. helped him get elected to Congress, without further casualties. Sergeant Wil- Staff Sergeant Robert Gutierrez, Jr., dis- Jack responded, ‘‘Yes, to the extent liams’ actions are in keeping with the finest tinguished himself by heroism as a Special traditions of military service and reflect Tactics Combat Controller, 21st Expedi- that I had name recognition and people great credit upon himself. Combined Joint tionary Special Tactics Squadron, Combined knew who I was. That kind of identi- Special Operations Task Force—Afghani- Joint Special Operations Air Component fication cuts two ways. On the one stan, Operation Command Central, and the while engaged in ground combat against an hand, it was harmful because some peo- United States Army. enemy of the United States in Afghanistan ple consider professional football to be

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Congress can do now to tackle this Jack made the transition from ath- Jack once said, ‘‘I do not believe there problem and find solutions that last be- lete to politician in 1971, when he was is any future for the Republican Party yond today. I ask unanimous consent elected to represent the 31st Congres- in trying to defeat Democrats. You to have today’s letters printed in the sional District of New York. He was an don’t run to fight opponents. You run RECORD. enthusiastic speaker, especially when to promote ideas. Ideas are what rule There being no objection, the mate- the topic was tax revision, and was the world. We, the Republicans, rial was ordered to be printed in the once told he talks ‘‘as though some- haven’t been offering an alternative. RECORD, as follows: body had pulled the trigger of a ma- We need more positive ideas.’’ My husband and I live in Grand View on a chine gun.’’ I can certainly attest to When asked about his political cowboy’s wages plus my disability. We were that. However, it wasn’t the way Jack ideals, Jack was quick to reply: ‘‘After having a hard time just making it because of talked that had everyone’s attention; going into the highly competitive busi- my medical bills. Now, with the cost of fuel, it was what he was saying. I would dare ness of pro football, I gained an even I have had to cut back on how many visits I argue that much of what he was fight- deeper appreciation of the competitive make to doctors. It is a huge drain on our budget just getting to Mountain Home to ing for in the seventies and eighties free-enterprise system to which this still holds true today. For example, buy the few groceries that we can afford, let country owes its past, present, and fu- alone go to Boise every month. We have Jack argued that the U.S. Government ture progress and freedom. I believe should shoulder the burden of inter- horses to feed so our hay costs have more competition breeds the best, and the than doubled and the idea of just letting national leadership by becoming ‘‘an system of free enterprise has brought them loose on the desert is abhorrent to us. active exporter of the American idea.’’ about the greatest society ever There are lots of people doing that because In his view, the ‘‘greatest weapon in known.’’ He also praised the American they cannot feed their animals anymore. our arsenal is the prospect of general political system as ‘‘the greatest expe- You know what is really sad? It is sad that well-being that results from the em- all of these prices are based upon what might rience in human dignity and human brace of American ideas about oppor- happen. A hurricane might hit the Gulf. I freedom that mankind has ever tunity, initiative, and enterprise.’’ watch the stock market and wonder how During his time as Congressman, known.’’ they sleep at night when most of the deci- In a sweet and endearing letter to his Jack was probably best known as a sions are based upon what might be or could grandchildren, Jack talked about the happen. I understand paying more when champion of tax cuts. He became a fer- future of America. The letter was writ- there is a shortage or cost is high but why is vent supply-side evangelist who be- ten days after Barack Obama secured it that in July/Aug we are being punished for lieved that tax cuts would not only what might happen in November? Maybe spur economic growth but also bring in the Presidency. Jack wrote, ‘‘My ad- vice for you all is to understand that these people need to spend a year living off more revenue for the Government. a cowboy’s wage before they are allowed to Jack coauthored the Kemp-Roth tax unity for our nation doesn’t require make decisions that affect people they have bill, which became the blueprint for uniformity or unanimity; it does re- nothing in common with? what became known as ‘‘Reagan- quire putting the good of our people KIM and LISA. omics.’’ Jack referred to his com- ahead of what’s good for mere political My husband and I are on fixed incomes and prehensive Federal tax-cut package as or personal advantage. You see, real leadership is not just seeing the reali- are having a very hard time making ends ‘‘the number one offensive play in the meet. My husband is 69 years old and is still country.’’ Reagan biographer Lou Can- ties of what we are temporarily faced with, but seeing the possibilities and having to work as I had to take a disability non said Jack, as much as anybody, from my job with [the local] school district. helped persuade Reagan to embrace an potential that can be realized by lifting I have worked in the special needs program economic policy of supply-side econom- up peoples’ vision of what they can for 22 of those years and have just worn my ics, stimulating economic growth be.’’ body out. I am on Social Security, but with through reducing taxes. I would suggest that Jack is one of them taking out almost $95 a month for med- ‘‘Generally speaking,’’ Jack said, ‘‘if the greatest political leaders the world ical which does not cover vision or dental. I you tax something, you get less of it. If has ever seen. We all appreciate his ef- had to have a hip replaced besides all the other things that are wrong. If they keep up you subsidize something, you get more forts and service but none so more than me. My dear friend, you will be sorely trying to take away or just quit having So- of it. In America, we tax work, growth, cial Security, what are we supposed to do? I investment, employment, savings, and missed. May God bless you and keep have tried to get my disability from PERSI productivity. We subsidize nonworking, you. and they keep telling me if I can help my consumption, welfare, and debt.’’ How f daughter with her kids two weeks out of the true that is. month, then I should be able to continue my IDAHOANS SPEAK OUT ON HIGH job. I told them that there is quite a dif- Jack served as a Congressman for 18 ENERGY PRICES years, until 1989 when he became the ference in lifting a 20-pound child who can U.S. Secretary of Housing and Urban Mr. CRAPO. Madam President, in help you to helping lift kids that weigh from Development under President George mid-June, I asked Idahoans to share 90 to 150 pounds and cannot help you. I dropped my granddaughter when she was six H.W. Bush. Jack was the author of the with me how high energy prices are af- fecting their lives, and they responded months old on her head because of my shoul- Enterprise Zones legislation to encour- ders. I cannot afford to hurt a child at school age entrepreneurship and job creation by the hundreds. The stories, num- or one of the other aides and be sued. in urban America and continued to ad- bering well over 1,200, are heart- We do not have much as it is but we cannot vocate the expansion of home owner- breaking and touching. While energy start over again trying to if someone sued us ship among the poor through resident prices have dropped in recent weeks, because they will not settle for what the management and ownership of public the concerns expressed remain very rel- union would pay; they would want every- and subsidized housing. evant. To respect the efforts of those thing we owned. Most of us are in this des- Jack received the Republican Party’s who took the opportunity to share perate kind of situation and need the people their thoughts, I am submitting every back in Washington to understand that we nomination for Vice President in Au- do not have a retirement system like they do gust of 1996 and afterward continued a e-mail sent to me through an address and need to be able to keep as much of what career of public service by campaigning set up specifically for this purpose to we have as we can. Please help us to at least nationally to reform the tax system, the CONGRESSIONAL RECORD. This is not keep what we are getting, it is not great but Social Security, and education. an issue that will be easily resolved, it is better than nothing which is what they

VerDate Mar 15 2010 08:45 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR09\S11MY9.000 S11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 11, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 12095 seem to want for the working people. God function within the GNP by the economic cause living in a college town means the bless you in your efforts to help all of us that system for the purpose of and function from price of the home is considerably too high. I are struggling and have worked all our lives wind power, coal, oil for electrical power drive 60 miles a day, and spend at least $60 a to get nothing much and have those who get generators, yet dependent upon mobility. week on gas for my vehicle alone. I am mar- it all want to take it away from us. Thank D. The oil companies will destroy this na- ried and my spouse is in a carpenters’ union. you. tion’s economic system and the nation itself This requires he drive to wherever the em- NANCY. by their glut pricing for profits as the use of ployment is. Please do something, Congress. oil in the economic system is for mobility to I have never had to reach my hand out for My view create productivity for money capital, man- help before. My family believes in taking No thanks to all of the Oil Companies. kind labor capital for revenue from sales to care of ourselves, but the food bank is be- 1. The oil and housing speculators have im- create and maximize income and profits. coming more and more of an option. I do not paired the logical pricing soundness of gaso- E. The use of oil in plant and equipment have a solution, but something needs to be line and diesel oil, now causing all wholesale and mobility for production and supply are done. Thank you for your time. and retail price of goods and services to rise, two separate entities but dependent upon DIANE. offsetting this rising cost in the national each other as sales always leads production. economy used in the economic activity The national economy depends upon sta- Thank you for your newsletter regarding through the business establishments as en- bility and responsibility and is relative to the energy problem facing our nation. People ergy in and for mobility. geographical location, environment, re- are [frustrated with the inaction from Con- 2. This mobility for the time and motion sources, man and money as capital invested gress], and those of us in Idaho recognize factor to create productivity and profit- in the domestic economy. (One P&L sheet to how much harder this makes your work ability through transportation and distribu- generate taxes will not pay government debt, which is greatly appreciated. tion in the gathering and production and it takes a collective million and more Regarding the impact of gasoline prices supply within the GNP. through the GNP.) upon me: I am a retired widow living on my 3. This use correlated to the employment ‘‘1929’’ ‘‘The Starvation, the silent fac- Social Security income. As to my driving of money capital and mankind capital used tories, the goods thrown away, the men habits, they have practically come to a in the profit and loss sheets to generate busi- standing idle, were the result of irresponsible standstill. My car sits for days at a time, not ness revenue through sales that maintains human financial and economic activities.’’. driven due to the cost of gasoline, driven the national economy, and provides the base ‘‘The whole class of people living on invest- only for necessities. My tracking of the daily for the ultimate consumer for all of the de- ments with fixed interest and annuities were oil commodity prices does not paint a pretty sires and demands put upon it and is the base pauperized and driven to the most abject ex- picture. for private side revenue. pedients to live, all scientific, literary and Then there [are politicians who do] not 4. Private side revenue from money capital educational activities endowments stopped. favor drilling in ANWR or offshore. I agree labor and mankind labor to be taxed by di- Officials, teachers, professional men and with you that we must do all the things pos- rect and indirect taxes for the revenue to such-like living on fixed salaries or fixed fees sible to provide sufficient energy for our own maintain government for all desires and de- were never able to increase stipends in pro- use. To think that Americans historically mands put upon it. portion to the rise in prices. There was in are known for innovation, one ponders 5. The government sector through the pri- fact a massacre of the poor educated.’’ ‘‘What has become of our ingenuity?’’ Is it vate sector depends upon maximum invest- A nation that cannot feed itself, maintain politics as usual? Those more astute than I ment, maximum employment, maximum in- physical health and mental health and will figure out how to handle the problem of come, maximum spending thus maximum strength through the labor of capital and drilling for oil, the building of nuclear power sales through all the profit and loss sheets to mankind for its survival of its people, main- facilities, the construction of windmills, the generate maximum revenue for governments tain the viability, continuity of the eco- development of biofuels, the use of oil shale. operation to tax and for cost and expenses, nomic system through all of the collective The use of corn for ethanol is one of the profit, earnings and income. profit and loss sheets of Private enterprise is crazier ideas put forth. Anyone suggesting 6. [This will all combine to] destroy the at a great disadvantage in social and eco- penalizing oil companies or suggesting that United States of America, [simply] by con- nomic stability in the international power they are making obscene profits needs to suming the very thing that gives the people field. look at the dollar amount of taxes put on the wherewithall by working the nation’s JOHN, Emmett. gasoline. The lack of understanding by some capital to produce a viable national economy [P.S.] Sales create revenue. of business economics is sad. Stop putting to support the nation’s needs through busi- The national economy is what pays the na- restrictions on energy companies so that ness in the private sector and the govern- tion’s way, its government’s way and debt they can proceed without government red ment sector. through and by the people in the private sec- tape. Work with, not against, companies to 7. We the people have given you trillions of tor through the collective profit and loss proceed post haste. dollars in money, subsidies, and [yet Con- sheets of the Entrepreneurial interest. GNP There is no reason that America cannot gress has not acted to resolve the problem]. is not a Perpetual Motion Machine: one has move forward with programs to make us en- A. This has put the economy in disarray, to work in order to have work done: thus mo- ergy self-sufficient. It is embarrassing to and capital through instability is not now tion. read that France has nuclear power while we productive enough to generate economic ac- 1. The GNP is what the people produce as are sitting on our hands. It is upsetting to tivity through all of the profit and loss durables, non durables and service. (PRIME): read that foreign countries have leases to sheets, to generate revenue to be taxed to The left-hand side is the supply side WORK; drill for oil in the Gulf of Mexico. It is mad- [provide tax breaks for oil companies], along (+y ¥x ¥y), dependent upon mobility for dening to hear people say we are becoming a with all of the government operations (fed- productivity): This creating employment and Third World nation. I am proud of my coun- eral, city, county, states) for things the peo- income in the process of production, pro- try but I am disgusted with [partisan poli- ple cannot afford individually, only collec- ducing the Economic Goods or Service to tics]. It would seem that earmarks come tively through tax revenue. Then we also satisfy human wants creating the demand ahead of doing what is right for our country. cannot afford for FEMA, the military, flood, object. When you put people to work one Needless to say, the energy problem has fire protection, police protection, education, automatically puts money to work. impacted our food prices. This makes it hard weather, all and any government agency to 2. The GNP: (PUMP) to buy, durables, non for those of us on limited income. Families operate as they derive tax revenue, due to durables and service, dependent upon mobil- with children should not be limited when it the inefficacity, lack of productivity within ity for productivity is the right-hand side comes to buying food for growing children. thru GNP through the economic system. and is the consumption side WORK DONE; In closing, we are at the crossroads of his- B. The people are not addicted to fuel as (+y +x ¥y): tory. By not looking ahead in the past, we energy (gasoline and diesel); the people are 3. The left side and right-hand side recipro- are suffering the consequences now. Now is dependent upon fuel (gasoline and diesel) to cating within the GNP through all of the col- the time to do something besides talk. The maximize productivity through mobility of lective Profit and Loss sheets from the ¥X American public wants action now. Ameri- and in the use of asset money as money cap- to +X time line through +Y (revenue earn- cans have spoken. Why is not Congress lis- ital and asset labor as labor capital invested ings, income, direct and indirect taxes) by tening? and risked within all of the profit and loss ¥Y sales (cost, value, expenses) then back to LAVERGNE, Hayden. sheets. ¥X from +X. C. Gasoline and diesel creating a more effi- I appreciate your desire to at least try to cient source in supply, manufacturing, and The price of fuel has been affecting my find answers to this energy debacle. I am in use and consumption to maximize produc- family tremendously. I am currently en- greatly concerned over the attitude of our tivity through mobility are separate sources rolled in college classes and I live about 30 lawmakers and their passive attitude toward of energy, used in a completely different miles from my school. I have to live here be- this vital issue. There is a great feeling of

VerDate Mar 15 2010 08:45 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR09\S11MY9.000 S11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12096 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 11, 2009 uncertainty as to whether we will be able to [I do not believe our Congress will address standing and well-deserved achieve- afford visiting families, harvesting crops, this problem effectively and that politicians ment, I thank them for their commit- and the myriad of other activities that are will continue to profit from this disaster for ment to education and academic excel- vital to our livelihood. I believe the American people.] lence and wish them continued suc- environmentalism is accomplishing what GARY, Meridian. ∑ communism could not. It has brought our cess. economy to its knees. It is destroying our This fuel price is out of hand. I do think f way of life, and most disturbing it is denying Congress needs to step in and do something. TRIBUTE TO HERBERT BRUCE us access to our own resources, which then I think we need to drill for oil where they makes us hostages to foreign nations for our know it is. I am like another person who CLEVELAND hand-to-mouth existence. I fear the next step wrote in and said that it should be up to the ∑ Mr. JOHNSON. Madam President, I they will take will be the nationalization of U.S. citizens. Let us vote on whether we wish today to recognize Herbert Bruce the oil industry as they try to make the peo- should be drilling in the U.S. and its coastal Cleveland of Rapid City, SD, on the oc- ple feel they have the answers instead of let- waters. It should be our choice. casion of his 50th anniversary of ordi- ting private enterprise and the free market, My husband and I own a big rig and he nation in the Lutheran ministry. Herb the very principle that has made us great, hauls potatoes into [a processing plant] in have free reign. The American people have Nampa. He gets a fuel surcharge but it does has developed a distinguished career in been sold a socialistic bill of goods in the not come close to covering the amount that the ministry, both as a local pastor name of saving the environment. They have the fuel has gone up. We are slowly going ministering to the needs of South Da- been conditioned to think that man has no under. We own our rig and do not have pay- kotans dating back to the 1950s and on place in nature, that their meat comes from ments so I do not know how anyone could a national level, having been appointed a package and their shoes from a box, with survive with making payments. My husband to numerous capacities in the Depart- no realistic understanding of the realities of hopes to retire in the next couple of years ment of Veterans Affairs by three production. These are very trying times. and we do not even know if we can make it Presidents. Failure to properly address this issue could until that time. Then when we do retire how destroy our status as the hope of nations and are we going to afford to do anything? We Born in North Dakota and a graduate a light to all free thinking people of the would like to do some traveling but with fuel of the University of North Dakota and world. so high, we will not be able to do so. University of Michigan, Herb joined DELL, Idaho Falls. Our Senators and Representatives need to the U.S. Army in October 1952 and com- represent the people! pleted various stateside and inter- Over 63 years ago, Japan was using all elec- MARY. national duty assignments. Shortly tric cars/taxis/buses/street cars because they f after becoming ordained as a Lutheran had no oil—duh! pastor, Herb came to western South UNSIGNED. ADDITIONAL STATEMENTS Dakota in 1959 and immediately devel- I am responding to your request for spe- oped a close working relationship with the families in the Homestake Gold cific impacts the cost of energy is having on CONGRATULATING RIVERDALE individual families in Idaho. In my view, tar- Mine in Lead. After ministering to the geting individuals is something like fiddling HIGH SCHOOL needs of hospitalized parishioners at while Rome is burning. As usual, [politicians ∑ Mrs. BOXER. Madam President, I ask the nearby veterans hospital at Fort do] not seem to understand that inaction my colleagues to join me in congratu- Meade, he served veterans at the VA over the past 20 to 30 years in regards to a re- lating Riverdale High School, a school Hospital in a full-time capacity in the alistic energy policy will at some point de- in West Fresno County with an enroll- stroy the country’s way of life. Everything early 1960s, a relationship with vet- we have achieved in the past 100 years is tied ment of 540 students, for earning the erans that continues today. Herb has to energy in one way or another. Farming, prestigious College Board Inspiration witnessed the impacts of war on sol- manufacturing, healthcare, transportation, Award. Riverdale High School is the diers and their families, and he has met building, etc. could not have been achieved first California school to receive the these challenges with professionalism, without energy. [There has been a dramatic College Board Inspiration Award in 5 commitment, and dedication. lack of leadership in] addressing the energy years. He led local and national efforts to problems. They, like you, are focusing on Each year, the College Board pre- develop a system to address post trau- how gas prices affect individuals while you sents Inspiration Awards to three sec- matic stress disorder, substance abuse, should be looking at how the energy situa- tion could shut down our whole economy. ondary schools nationwide in recogni- and psycho-social issues. He estab- Our enemies have long ago determined that tion of their college preparation pro- lished the first substance abuse treat- they could not defeat us and destroy our grams and the partnerships among the ment center at the Fort Meade VA country in a traditional war, but they can schools’ teachers, parents, and commu- Chapel. He developed a strong bond destroy us from within. A few hundred peo- nity organizations that foster students’ with Native American veterans, work- ple acting as environmentalists have been academic achievements and advance- ing to add a Lakota chaplain to the VA able to lock up our abundant natural re- ment. staff and the initiation of Lakota wor- sources. We have spent hundreds of billions Riverdale High School has consist- ship services and events such as pow- of dollars for oil purchased from some of our most dangerous enemies, some who preach ently strived to provide its students wows and sweat lodge experiences. our death and destruction. We have with our with a challenging and rigorous cur- He worked tirelessly to address the oil purchases enabled these enemy countries riculum. Despite its location in a tradi- evolving needs of veterans and their to arm themselves and at some point in time tionally underserved portion of the San families while continuing a strong our young grandsons will probably need to Joaquin Valley in central California, presence in Black Hills communities, stand up to the use of these arms. Riverdale High School, where 76 per- assisting in youth and community No one says we do not want to protect the cent of the students receive free or re- events and fundraisers. In 1983, the Vet- environment because we can. The technology duced lunches and 38 percent of its stu- erans’ Administration established new and proven performance is being dem- onstrated all over the world. The Congress dent body is comprised of migrant stu- leadership in the chaplains service in must remove the road blocks to our own nat- dents, is an all college preparatory Washington, DC, and summoned Herb, ural resources—now! Atomic energy must be high school that offers 12 advance who had been working with South Da- allowed to develop and be an integral part of placement and honors classes. River- kota veterans for 20 years, to become the solution. Some say we cannot drill our dale High School’s 2008 graduating the new Deputy Chief of Chaplains. In way out of this mess, which should have been class produced a 91 percent acceptance this position, he served as Human Re- done 25 years ago. If the road blocks were re- rate to a 2 or 4-year college. The school source Director and Educational Devel- moved, oil prices would drop like a rock, be- has averaged an impressive 98 percent opment Director and became increas- cause the speculators would need to consider the eventual increase and volume of market- graduation rate over the past 3 years. ingly involved in the ecumenical rela- able oil. There are so many things that could As the administrators, teachers, par- tions with all the faiths that were held be done, however based on the performance ents, and students of Riverdale High by members of the Armed Forces. He of our government nothing will be done. School gather to celebrate this out- recruited minority chaplains to serve

VerDate Mar 15 2010 08:45 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR09\S11MY9.000 S11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 11, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 12097 the increasing number of minorities nated by Coretta Scott King to serve Fiscal Year 2010 Budget: Analytical serving in the Armed Forces and vet- on the National Steering Committee Perspectives, Historical Tables, and erans in the VA system. for Chaplains at the Martin Luther Updated Summary Tables. He developed numerous institutes of King, Jr., Center in Atlanta in 1986. He BARACK OBAMA. training to address the needs of dis- also received the ELCA Award for Ex- THE WHITE HOUSE, May 11, 2009. abled veterans and worked to educate ceptional Service while serving the Lu- f and identify the unique issues impact- theran Church and the Chaplaincy in ing young veterans, older veterans, and America. His most recent honor was INTRODUCTION OF BILLS AND women veterans. Until his term in notification of induction into the JOINT RESOLUTIONS Washington, the chaplaincy had been South Dakota Hall of Fame with cere- The following bills and joint resolu- exclusively male, and Herb recruited a monies this September. tions were introduced, read the first number of women chaplains to serve Over the years, Chaplain Cleveland and second times by unanimous con- the growing numbers of women vet- has maintained a steadfast commit- sent, and referred as indicated: erans. He helped create the Chaplains ment to his faith and God and has con- By Ms. COLLINS (for herself and Ms. School, which among its many mis- tinued to fulfill a lifelong mission to SNOWE): sions was providing professional train- address the emotional and spiritual S. 1014. A bill to amend the Water Re- ing to women chaplains. needs of veterans and their families. He sources Development Act of 2007 to make President Reagan appointed Herb as remains firmly rooted in his family technical corrections to a provision relating Chief of Chaplains in 1988, becoming to project deauthorizations; to the Com- and his community and understands mittee on Environment and Public Works. the first Lutheran and first clergy the importance of service. I consider By Mr. BURR (for himself, Mr. member from South Dakota named to myself very fortunate and blessed to ISAKSON, and Mr. DURBIN): such a capacity. He served in this posi- have known and worked with him in S. 1015. A bill to amend title 38, United tion during President George Herbert various endeavors during my years in States Code, to enhance disability compensa- Walker Bush’s Presidential term. Congress. tion for certain disabled veterans with dif- As national VA chaplain, Herb and I want to wish Chaplain Cleveland a ficulties using prostheses and disabled vet- his wife Connie participated in the heartfelt congratulations on the occa- erans in need of regular aid and attendance for residuals of traumatic brain injury, and international exchange of choral and sion of his 50 years of service in the Lu- symphonic music, which helped foster for other purposes; to the Committee on Vet- theran ministry and for his many years erans’ Affairs. better cultural and artistic under- of great service to veterans, their fami- By Mr. BURR: standing among numerous nations. lies, and to this Nation. I also wish him S. 1016. A bill to amend title 38, United Herb would oversee the largest single many more years of continued service States Code, to modify the commencement trip of a choir of 150 voices that accom- in his many endeavors in the Black of the period of payment of original awards panied the national VA symphony that Hills region.∑ of compensation for veterans who are retired performed with the Russian Army Cho- or separated from the Uniformed services for f rus in Moscow and St. Petersburg on disability; to the Committee on Veterans’ the first anniversary of freedom. MESSAGES FROM THE PRESIDENT Affairs. By Ms. LANDRIEU: Chaplain Cleveland was then ap- Messages from the President of the S. 1017. A bill to reauthorize the Cane pointed by President Bill Clinton as Di- United States were communicated to River National Heritage Area Commission rector of Ethics for Health Care Man- the Senate by Mrs. Neiman, one of his and expand the boundaries of the Cane River agement, where he would continue to secretaries. National Heritage Area in the State of Lou- address the health and faith challenge isiana; to the Committee on Energy and Nat- and issues affecting our Nation’s vet- f ural Resources. erans. EXECUTIVE MESSAGES REFERRED By Ms. LANDRIEU: S. 1018. A bill to authorize the Secretary of After a decade of valued service in As in executive session the Presiding Washington, DC, Chaplain Cleveland the Interior to enter into an agreement with Officer laid before the Senate messages Northwestern State University in and his wife returned to South Dakota from the President of the United Natchitoches, Louisiana, to construct a cu- in retirement. As a volunteer, Herb States submitting sundry nominations ratorial center for the use of Cane River Cre- continues to service funerals, memo- which were referred to the appropriate ole National Historical Park, the National rial services, weddings, and reunions. committees. Center for Preservation Technology and Training, and the University, and for other During 3 years of peak deployment to (The nominations received today are Iraq and Afghanistan, Herb served as purposes; to the Committee on Energy and printed at the end of the Senate pro- Natural Resources. chaplain to the National Guard and ceedings.) Army Reserve cadets at the Fort By Mr. HARKIN: f S. 1019. A bill to amend the Internal Rev- Meade officers training facility. enue Code of 1986 to allow a credit against Also in retirement, he has estab- TRANSMITTING THREE VOLUMES income tax for the purchase of hearing aids; lished mission tours to Southeast Asia COMPLETING THE BUDGET OF to the Committee on Finance. with trips to China, Korea, Japan, THE UNITED STATES GOVERN- f Thailand, Laos, Vietnam, and MENT FOR FISCAL YEAR 2010: Myanmar. These people-to-people vis- UPDATED SUMMARY TABLES SUBMISSION OF CONCURRENT AND its emphasize and foster understanding MAY 2009, ANALYTICAL PERSPEC- SENATE RESOLUTIONS of different cultures. He was recognized TIVES, AND HISTORICAL TA- The following concurrent resolutions by the president of Payap University in BLES—PM 18 and Senate resolutions were read, and Thailand with the Distinguished Alum- referred (or acted upon), as indicated: ni Award for his missionary work. This The PRESIDING OFFICER laid be- fore the Senate the following message By Ms. MIKULSKI (for herself, Mr. award is among numerous important BURRIS, Mr. SPECTER, Mr. DURBIN, recognitions for Chaplain Cleveland. from the President of the United States, together with an accompanying Mr. VOINOVICH, Mr. INHOFE, Mr. These honors include the Point of SCHUMER, Mr. BROWNBACK, Mr. report; which was referred jointly, pur- Light Award from President George H. LEVIN, and Mr. CARDIN): W. Bush for his work with homeless suant to the order of January 30, 1975 S. Res. 139. A resolution commemorating veterans; the Exceptional Service as modified by the order of April 11, the 20th anniversary of the end of com- Award from the VA Secretary for serv- 1986; to the Committees on the Budget; munist rule in Poland; to the Committee on and Appropriations: Foreign Relations. ice to the Nation’s veterans; the Na- By Mr. LEAHY (for himself, Mr. tional Black Chaplains of America To the Congress of the United States: SESSIONS, Mr. BINGAMAN, Mr. Award for Exceptional Service to I transmit herewith the following ROCKEFELLER, Mr. KOHL, Mrs. America’s Veterans, and he was nomi- volumes, which together complete my BOXER, Mr. WHITEHOUSE, Mr.

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FEINGOLD, Mr. KAUFMAN, and Mr. (Mrs. GILLIBRAND) was added as a co- S. 700 MERKLEY): sponsor of S. 473, a bill to establish the At the request of Mr. BINGAMAN, the S. Res. 140. A resolution commemorating Senator Paul Simon Study Abroad names of the Senator from Iowa (Mr. and acknowledging the dedication and sac- Foundation. HARKIN) and the Senator from Hawaii rifice made by the men and women who have lost their lives while serving as law enforce- S. 475 (Mr. INOUYE) were added as cosponsors ment officers; considered and agreed to. At the request of Mr. BURR, the of S. 700, a bill to amend title II of the By Mr. JOHNSON (for himself and Mr. names of the Senator from Washington Social Security Act to phase out the BENNETT): (Ms. CANTWELL), the Senator from New 24-month waiting period for disabled S. Res. 141. A resolution recognizing June Hampshire (Mr. GREGG), the Senator individuals to become eligible for Medi- 2009 as the first National Hemorrhagic from Colorado (Mr. UDALL) and the care benefits, to eliminate the waiting Telangiecstasia (HHT) month, established to Senator from South Dakota (Mr. period for individuals with life-threat- increase awareness of HHT, which is a com- ening conditions, and for other pur- plex genetic blood vessel disorder that af- THUNE) were added as cosponsors of S. fects approximately 70,000 people in the 475, a bill to amend the poses. United States; to the Committee on Health, Servicemembers Civil Relief Act to S. 711 Education, Labor, and Pensions. guarantee the equity of spouses of mili- At the request of Mr. BAUCUS, the f tary personnel with regard to matters name of the Senator from Nebraska of residency, and for other purposes. (Mr. JOHANNS) was added as a cospon- ADDITIONAL COSPONSORS S. 614 sor of S. 711, a bill to require mental S. 211 At the request of Mrs. HUTCHISON, the health screenings for members of the At the request of Mr. BURR, the names of the Senator from Colorado Armed Forces who are deployed in con- names of the Senator from South Caro- (Mr. BENNET), the Senator from New nection with a contingency operation, lina (Mr. GRAHAM) and the Senator Mexico (Mr. UDALL), the Senator from and for other purposes. from Georgia (Mr. ISAKSON) were added Arizona (Mr. MCCAIN), the Senator S. 714 as cosponsors of S. 211, a bill to facili- from Nevada (Mr. ENSIGN) and the Sen- At the request of Mr. WEBB, the name tate nationwide availability of 2-1-1 ator from Wisconsin (Mr. FEINGOLD) of the Senator from Massachusetts telephone service for information and were added as cosponsors of S. 614, a (Mr. KERRY) was added as a cosponsor referral on human services and volun- bill to award a Congressional Gold of S. 714, a bill to establish the Na- teer services, and for other purposes. Medal to the Women Airforce Service tional Criminal Justice Commission. S. 255 Pilots (‘‘WASP’’). S. 717 At the request of Mr. WHITEHOUSE, S. 629 At the request of Mr. KENNEDY, the the name of the Senator from Vermont At the request of Ms. COLLINS, the name of the Senator from Virginia (Mr. (Mr. SANDERS) was added as a cospon- name of the Senator from Missouri WARNER) was added as a cosponsor of S. sor of S. 255, a bill to amend the Truth (Mrs. MCCASKILL) was added as a co- 717, a bill to modernize cancer re- in Lending Act to empower the States sponsor of S. 629, a bill to facilitate the search, increase access to preventative to set the maximum annual percentage part-time reemployment of annuitants, cancer services, provide cancer treat- rates applicable to consumer credit and for other purposes. ment and survivorship initiatives, and transactions, and for other purposes. S. 632 for other purposes. S. 729 S. 259 At the request of Mr. BAUCUS, the names of the Senator from North Caro- At the request of Mr. DURBIN, the At the request of Mr. BOND, the name of the Senator from Georgia (Mr. lina (Mr. BURR) and the Senator from name of the Senator from Illinois (Mr. Michigan (Ms. STABENOW) were added BURRIS) was added as a cosponsor of S. CHAMBLISS) was added as a cosponsor of S. 259, a bill to establish a grant pro- as cosponsors of S. 632, a bill to amend 729, a bill to amend the Illegal Immi- gram to provide vision care to children, the Internal Revenue Code of 1986 to re- gration Reform and Immigrant Respon- and for other purposes. quire that the payment of the manu- sibility Act of 1996 to permit States to facturers’ excise tax on recreational determine State residency for higher S. 301 equipment be paid quarterly. education purposes and to authorize At the request of Mr. GRASSLEY, the S. 645 the cancellation of removal and adjust- name of the Senator from Massachu- At the request of Mrs. LINCOLN, the ment of status of certain alien students setts (Mr. KERRY) was added as a co- names of the Senator from Illinois (Mr. who are long-term United States resi- sponsor of S. 301, a bill to amend title BURRIS) and the Senator from Mis- dents and who entered the United XI of the Social Security Act to pro- sissippi (Mr. COCHRAN) were added as States as children, and for other pur- vide for transparency in the relation- cosponsors of S. 645, a bill to amend poses. ship between physicians and manufac- title 32, United States Code, to modify S. 762 turers of drugs, devices, biologicals, or the Department of Defense share of ex- At the request of Mrs. FEINSTEIN, the medical supplies for which payment is penses under the National Guard Youth names of the Senator from New York made under Medicare, Medicaid, or Challenge Program. (Mr. SCHUMER) and the Senator from SCHIP. S. 646 California (Mrs. BOXER) were added as S. 332 At the request of Mr. BURR, the name cosponsors of S. 762, a bill to promote At the request of Mrs. FEINSTEIN, the of the Senator from Georgia (Mr. fire safe communities and for other name of the Senator from Vermont CHAMBLISS) was added as a cosponsor of purposes. (Mr. SANDERS) was added as a cospon- S. 646, a bill to amend section 435(o) of S. 763 sor of S. 332, a bill to establish a com- the Higher Education Act of 1965 re- At the request of Mrs. FEINSTEIN, the prehensive interagency response to re- garding the definition of economic names of the Senator from New York duce lung cancer mortality in a timely hardship. (Mr. SCHUMER) and the Senator from manner. S. 654 California (Mrs. BOXER) were added as S. 428 At the request of Mr. BUNNING, the cosponsors of S. 763, a bill to amend the At the request of Mr. DORGAN, the name of the Senator from Rhode Island Robert T. Stafford Disaster Relief and name of the Senator from Minnesota (Mr. WHITEHOUSE) was added as a co- Emergency Assistance Act, to author- (Ms. KLOBUCHAR) was added as a co- sponsor of S. 654, a bill to amend title ize temporary mortgage and rental sponsor of S. 428, a bill to allow travel XIX of the Social Security Act to cover payments. between the United States and Cuba. physician services delivered by S. 764 S. 473 podiatric physicians to ensure access At the request of Mrs. FEINSTEIN, the At the request of Mr. DURBIN, the by Medicaid beneficiaries to appro- names of the Senator from New York name of the Senator from New York priate quality foot and ankle care. (Mr. SCHUMER) and the Senator from

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California (Mrs. BOXER) were added as Senator from Wisconsin (Mr. KOHL), pool for small businesses and the self- cosponsors of S. 764, a bill to amend the the Senator from Idaho (Mr. CRAPO) employed that would offer a choice of Robert T. Stafford Disaster Relief and and the Senator from Arkansas (Mr. private health plans and make health Emergency Assistance Act, to increase PRYOR) were added as cosponsors of S. coverage more affordable, predictable, the maximum amount of assistance to 908, a bill to amend the Iran Sanctions and accessible. individuals and households. Act of 1996 to enhance United States S. 982 diplomatic efforts with respect to Iran S. 788 At the request of Mr. KENNEDY, the At the request of Ms. SNOWE, the by expanding economic sanctions names of the Senator from Texas (Mr. against Iran. name of the Senator from Ohio (Mr. CORNYN), the Senator from Alaska (Ms. BROWN) was added as a cosponsor of S. S. 909 MURKOWSKI), the Senator from Indiana 788, a bill to prohibit unsolicited mo- At the request of Mr. KENNEDY, the (Mr. BAYH) and the Senator from Cali- bile text message spam. names of the Senator from Hawaii (Mr. fornia (Mrs. BOXER) were added as co- S. 801 INOUYE) and the Senator from Missouri sponsors of S. 982, a bill to protect the At the request of Mr. AKAKA, the (Mrs. MCCASKILL) were added as co- public health by providing the Food name of the Senator from Maine (Ms. sponsors of S. 909, a bill to provide Fed- and Drug Administration with certain SNOWE) was added as a cosponsor of S. eral assistance to States, local juris- authority to regulate tobacco products. 801, a bill to amend title 38, United dictions, and Indian tribes to prosecute S. 984 States Code, to waive charges for hu- hate crimes, and for other purposes. At the request of Mrs. BOXER, the manitarian care provided by the De- S. 935 names of the Senator from Ohio (Mr. partment of Veterans Affairs to family At the request of Mr. CONRAD, the members accompanying veterans se- name of the Senator from South Da- BROWN) and the Senator from Maine (Ms. COLLINS) were added as cosponsors verely injured after September 11, 2001, kota (Mr. THUNE) was added as a co- as they receive medical care from the sponsor of S. 935, a bill to extend sub- of S. 984, a bill to amend the Public Department and to provide assistance sections (c) and (d) of section 114 of the Health Service Act to provide for ar- to family caregivers, and for other pur- Medicare, Medicaid, and SCHIP Exten- thritis research and public health, and poses. sion Act of 2007 (Public Law 110-173) to for other purposes. S. 841 provide for regulatory stability during S. 987 At the request of Mr. KERRY, the the development of facility and patient At the request of Mr. DURBIN, the name of the Senator from Illinois (Mr. criteria for long-term care hospitals name of the Senator from Illinois (Mr. DURBIN) was added as a cosponsor of S. under the Medicare program, and for BURRIS) was added as a cosponsor of S. 841, a bill to direct the Secretary of other purposes. 987, a bill to protect girls in developing Transportation to study and establish S. 952 countries through the prevention of a motor vehicle safety standard that At the request of Ms. SNOWE, the child marriage, and for other purposes. provides for a means of alerting blind names of the Senator from Maine (Ms. S. 990 and other pedestrians of motor vehicle COLLINS) and the Senator from Massa- At the request of Ms. STABENOW, the operation. chusetts (Mr. KERRY) were added as co- name of the Senator from Michigan S. 846 sponsors of S. 952, a bill to develop and (Mr. LEVIN) was added as a cosponsor of At the request of Mr. DURBIN, the promote a comprehensive plan for a na- S. 990, a bill to amend the Richard B. names of the Senator from North Caro- tional strategy to address harmful Russell National School Lunch Act to lina (Mrs. HAGAN), the Senator from algal blooms and hypoxia through expand access to healthy afterschool Kansas (Mr. BROWNBACK) and the Sen- baseline research, forecasting and mon- meals for school children in working ator from Michigan (Mr. LEVIN) were itoring, and mitigation and control families. added as cosponsors of S. 846, a bill to while helping communities detect, con- S. 1008 award a congressional gold medal to trol, and mitigate coastal and Great Dr. Muhammad Yunus, in recognition Lakes harmful algal blooms and hy- At the request of Mrs. SHAHEEN, the of his contributions to the fight poxia events. name of the Senator from Missouri (Mrs. MCCASKILL) was added as a co- against global poverty. S. 962 sponsor of S. 1008, a bill to amend title S. 870 At the request of Mr. DURBIN, his 10, United States Code, to limit re- At the request of Mrs. LINCOLN, the name was added as a cosponsor of S. quirements of separation pay, special name of the Senator from Maine (Ms. 962, a bill to authorize appropriations separation benefits, and voluntary sep- COLLINS) was added as a cosponsor of S. for fiscal years 2009 through 2013 to pro- aration incentive from members of the 870, a bill to amend the Internal Rev- mote an enhanced strategic partner- Armed Forces subsequently receiving enue Code of 1986 to expand the credit ship with Pakistan and its people, and retired or retainer pay. for renewable electricity production to for other purposes. include electricity produced from bio- At the request of Mr. CASEY, his S. 1012 mass for on-site use and to modify the name was added as a cosponsor of S. At the request of Mr. ROCKEFELLER, credit period for certain facilities pro- 962, supra. the name of the Senator from South ducing electricity from open-loop bio- S. 970 Dakota (Mr. THUNE) was added as a co- mass. At the request of Ms. LANDRIEU, the sponsor of S. 1012, a bill to require the S. 900 name of the Senator from New Jersey Secretary of the Treasury to mint At the request of Mr. WYDEN, the (Mr. MENENDEZ) was added as a cospon- coins in commemoration of the centen- name of the Senator from Oregon (Mr. sor of S. 970, a bill to promote and en- nial of the establishment of Mother’s MERKLEY) was added as a cosponsor of hance the operation of local building Day. S. 900, a bill to require the establish- code enforcement administration S. 1013 ment of a credit card safety star rating across the country by establishing a At the request of Mr. BINGAMAN, the system for the benefit of consumers, competitive Federal matching grant names of the Senator from Colorado and for other purposes. program. (Mr. UDALL) and the Senator from Ohio S. 908 S. 979 (Mr. VOINOVICH) were added as cospon- At the request of Mr. BAYH, the At the request of Mr. DURBIN, the sors of S. 1013, a bill to authorize the names of the Senator from Mississippi name of the Senator from Wisconsin Secretary of Energy to carry out a pro- (Mr. WICKER), the Senator from South (Mr. KOHL) was added as a cosponsor of gram to demonstrate the commercial Carolina (Mr. DEMINT), the Senator S. 979, a bill to amend the Public application of integrated systems for from Georgia (Mr. CHAMBLISS), the Sen- Health Service Act to establish a na- long-term geological storage of carbon ator from Colorado (Mr. BENNET), the tionwide health insurance purchasing dioxide, and for other purposes.

VerDate Mar 15 2010 08:45 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR09\S11MY9.001 S11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12100 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 11, 2009 STATEMENTS ON INTRODUCED Baptiste in 1714. Shortly thereafter, housed in leased space that fails to BILLS AND JOINT RESOLUTIONS the Spanish responded by building the meet National Park Service museum By Ms. LANDRIEU: presidio known as Los Adaes 15 miles standards, since there is no land in the S. 1017. A bill to reauthorize the Cane to the west. Settlements spread from area which is above the 500-year flood- River National Heritage Area Commis- these early outposts, and the town of plain. sion and expand the boundaries of the Natchitoches grew up around Fort But the historical park has a long- Cane River National Heritage Area in Saint Jean Baptiste to become the standing partnership with North- the State of Louisiana; to the Com- most prosperous town in the region. western State University. In 1992, the mittee on Energy and Natural Re- As countries came together in this National Center for Preservation Tech- sources. place, so did cultures. American Indi- nology and Training was established at Ms. LANDRIEU. Mr. President, I rise ans were joined by European settlers, Northwestern University. The National today to introduce two bills, S. 1017 who imported large numbers of Center for Preservation Technology and S. 1018, one that will help to pro- enslaved Africans to farm the land. The and Training requires additional space tect and preserve Louisiana’s rich cul- interaction of these groups led to the to house equipment and workspace tural and historic legacy, and one that development of a distinctive Creole connected with the development and will contribute to historic research and culture, a culture that cut across ra- dissemination of preservation and con- preservation throughout the country. cial categories and drew from many servation skills and technologies. The The first bill will protect and pre- traditions but remained grounded in University is willing to make available serve an important and treasured part French colonialism and Catholicism. land suitable for the National Park of our historical legacy—the Cane A thriving agricultural economy de- Service to construct a facility for cura- River National Heritage Area. This veloped along the banks of the river by torial and workspace needs. This bill breathtaking region in northwestern the time the region was joined to the simply allows that to happen. Since Louisiana is known for its historic United States in 1803, by the Louisiana this Center facilitates the training and plantations, its distinctive Creole ar- Purchase. Natchitoches was the re- research of experts nationwide, I sub- chitecture, and its rich cultural legacy. gion’s commercial center. Downriver mit that this bill will do much to aid Historically, this region was where the from the town, in the areas known as historical preservation efforts in every French and Spanish realms intersected Coˆ te Joyeuse ‘‘Joyous Coast’’ and Isle State, and I ask my colleagues to sup- as they explored the ‘‘New World.’’ Brevelle, large and small plantations ports its prompt passage. Both the Spanish and the French left produced indigo, tobacco, and later cot- Mr. President, I ask unanimous con- an indelible imprint on the area’s peo- ton. sent that the text of the bill be printed ple, on its architecture, and ultimately The Civil War and its aftermath in the RECORD. on the U.S. as a whole. brought great economic devastation There being no objection, the text of Congress recognized this lasting leg- and cultural change to the residents of the bill was ordered to be printed in acy when it created the Cane River Na- the Cane River region. Tenant farming the RECORD, as follows: tional Heritage Area in 1994. Today I and sharecropping replaced slavery, ex- ask that Congress reaffirm its commit- S. 1017 changing one labor-intensive system Be it enacted by the Senate and House of Rep- ment to this rich legacy and act to re- for another. After World War II, authorize the Cane River National Her- resentatives of the United States of America in mechanized farming permanently sup- Congress assembled, itage Area Commission until 2025. planted the old agricultural practices The central corridor of the heritage SECTION 1. SHORT TITLE. that depended on human labor in the This Act may be cited as the ‘‘Cane River area begins just south of Natchitoches, fields. As a result, many people mi- National Heritage Area Reauthorization Act the oldest permanent settlement in the of 2009’’. Louisiana Purchase, and extends along grated to urban centers, leaving the SEC. 2. CANE RIVER NATIONAL HERITAGE AREA. both sides of Cane River Lake for ap- fields behind. This is the complex past that Con- (a) BOUNDARIES.—Section 401 of the Cane proximately 35 miles. The heritage gress acted to honor, preserve, and pro- River Creole National Historical Park and area includes Cane River Creole Na- tect when it established the Cane River National Heritage Area Act (16 U.S.C. 410ccc– tional Historical Park, seven National 21) is amended— Historic Landmarks, three State His- National Heritage Area in 1994. Today I (1) in subsection (b)— toric Sites, and a dense area of historic call upon my colleagues to continue (A) in paragraph (3), by striking ‘‘and’’ at plantations, homes, and churches. their recognition of the history and the end; While much of the roughly 116,000–acre culture of this unique region. (B) by redesignating paragraph (4) as para- The next bill I would like to call up graph (6); and heritage area is privately owned, many (C) by inserting after paragraph (3) the fol- sites are open to the public. and introduce is related to the Herit- age Area, but the entire Nation will lowing: The community’s pride in its history ‘‘(4) fostering compatible economic devel- and traditions is legendary. The resi- benefit from its prompt passage. This bill simply authorizes the Secretary of opment; dents of Northwest Louisiana stand ‘‘(5) enhancing the quality of life for local united in their interest and involve- the Interior to enter into an agreement residents; and’’; and ment in preserving their traditions and with Northwestern State University in (2) in subsection (c), by striking para- their landscape for future generations. Natchitoches, Louisiana, to construct graphs (1) through (6) and inserting the fol- The Heritage Area offers residents a a curatorial center for the use of Cane lowing: collaborative approach to conservation River Creole National Historical Park, ‘‘(1) the area generally depicted on the map the National Center for Preservation entitled ‘Revised Boundary of Cane National that does not compromise traditional Heritage Area Louisiana’, numbered 494/ local control over and use of the land- Technology and Training, and the Uni- versity. These institutions emerged in 80021, and dated May 2008; scape. ‘‘(2) the Fort Jesup State Historic Site; The landscape of Cane River is an the Cane River region because its beau- and American treasure—one that we must ty and rich historical legacy have at- ‘‘(3) as satellite site, any properties con- preserve. The Cane River region has tracted some of the Nation’s finest his- nected with the prehistory, history, or cul- been the focal point for American In- torians and experts in historical pres- tures of the Cane River region that may be dian settlements, colonial forts, and ervation from the world over. the subject of cooperative agreements with Creole plantations. The river itself was Cane River Creole National Histor- the Cane River National Heritage Area Com- a major trade route, one that sparked ical Park has a veritable treasure trove mission or any successor to the Commis- in its museum collection—boasting sion.’’. alliances with American Indians and (b) CANE RIVER NATIONAL HERITAGE AREA brought European colonial powers to more than 1,000,000 objects. Unfortu- COMMISSION.—Section 402 of the Cane River the area. nately, this valuable cultural store- Creole National Historical Park and Na- To protect their interests, the house has been granted short shrift in tional Heritage Area Act (16 U.S.C. 410ccc–22) French established Fort Saint Jean terms of Federal funding. Today it is is amended—

VerDate Mar 15 2010 08:45 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR09\S11MY9.001 S11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 11, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 12101 (1) in subsection (b)— agreement with Northwestern State ‘‘(B) to provide additional space for use by (A) by striking ‘‘19’’ and inserting ‘‘23’’; University of Natchitoches, Louisiana, the National Center for Preservation Tech- (B) in paragraph (4), by inserting ‘‘the to construct a curatorial center for the nology and Training; and Natchitoches Parish Tourist Commission ‘‘(C) to provide space to the University for and other’’ before ‘‘local’’; use of Cane River Creole National His- educational purposes relating to the (C) in paragraph (7), by striking ‘‘Concern torical Park, the National Center for Williamson Museum collection, if the Uni- Citizens of Cloutierville’’ and inserting ‘‘Vil- Preservation Technology and Training, versity pays an appropriate rental fee to the lage of Cloutierville’’; and the University, and for other pur- National Park Service, as determined in the (D) in paragraph (13), by striking ‘‘are poses; to the Committee on Energy and agreement entered into under this para- landowners in and residents of’’ and insert- Natural Resources. graph. ing ‘‘own land within the heritage area’’; Ms. LANDRIEU. Mr. President, I ask ‘‘(2) USE OF FEE.—Proceeds from the rental (E) in paragraph (16)— unanimous consent that the text of the fees collected under paragraph (1)(C) shall be (i) by striking ‘‘one member’’ and inserting available, without further appropriation, for ‘‘2 members’’; and bill be printed in the RECORD. the historical park.’’. (ii) by striking ‘‘and’’ at the end; and There being no objection, the text of SEC. 4. TECHNICAL CORRECTIONS. (F) by redesignating paragraph (17) as the bill was ordered to be printed in The Cane River Creole National Historical paragraph (19); and the RECORD, as follows: Park and National Heritage Area Act (16 (G) by inserting after paragraph (16) the S. 1018 U.S.C. 410ccc et seq.) is amended— following: (1) in the third sentence of section 304(e) Be it enacted by the Senate and House of Rep- ‘‘(17) 2 members, 1 of whom represents Afri- (16 U.S.C. 410ccc–2(e)), by striking ‘‘of Tech- resentatives of the United States of America in can American culture and 1 of whom rep- nology’’ and inserting ‘‘Technology’’; and Congress assembled, resents Cane River Creole culture, after con- (2) in section 305(a) (16 U.S.C. 41ccc–3(a)), sideration of recommendations submitted by SECTION 1. SHORT TITLE. by striking ‘‘interest’’ and inserting ‘‘inter- the Governor of Louisiana; This Act may be cited as the ‘‘National ests’’. Park Service and Northwestern State Uni- ‘‘(18) 1 member with knowledge of tourism, f after consideration of recommendations by versity Collections Conservation Center the Secretary of the Louisiana Department Act’’. SUBMITTED RESOLUTIONS of Culture, Recreation and Tourism; and’’. SEC. 2. FINDINGS. (2) in subsection (c)(4), by striking ‘‘, such Congress finds that— as a non-profit corporation,’’; (1) Cane River Creole National Historical SENATE RESOLUTION 139—COM- (3) in subsection (d)— Park has a nationally significant museum MEMORATING THE 20TH ANNI- (A) in paragraph (5), by striking ‘‘for re- collection of more than 1,000,000 objects that VERSARY OF THE END OF COM- search, historic preservation, and education is housed in leased space that fails to meet MUNIST RULE IN POLAND purposes’’ and inserting ‘‘to further the pur- National Park Service museum standards; poses of title III and this title’’; (2) there is no land within the boundary of Ms. MIKULSKI (for herself, Mr. (B) in paragraph (6), by striking ‘‘the prep- the historical park in Natchitoches Parish BURRIS, Mr. SPECTER, Mr. DURBIN, Mr. aration of studies that identify, preserve, that is above the 500-year floodplain, which VOINOVICH, Mr. INHOFE, Mr. SCHUMER, and plan for the management of the heritage is the level required for constructing curato- Mr. BROWNBACK, Mr. LEVIN, and Mr. area’’ and inserting ‘‘carrying out projects or rial facilities under National Park Service CARDIN) submitted the following reso- programs that further the purposes of title policies; lution; which was referred to the Com- III and this title’’; and (3) the historical park has a longstanding mittee on Foreign Relations: (C) by striking paragraph (8) and inserting partnership with Northwestern State Univer- S. RES. 139 the following: sity, with which the historical park is re- Whereas in January 1947, the communist ‘‘(8) develop, or assist others in developing, quired under the enabling legislation for the Democratic Bloc party seized control of the projects or programs to further the purposes historical park to coordinate a Cane River Polish Parliament in a rigged election or- of title III and this title;’’; and region comprehensive research program, in- chestrated by the Government of the Soviet (4) in the third sentence of subsection (g), cluding a program for curation methods; Union; by inserting ‘‘, except that if any of the orga- (4) in 1992, the National Center for Preser- Whereas from 1947 to 1952, the communist nizations specified in subsection (b) ceases to vation Technology and Training, which is Government of Poland prosecuted, impris- exist, the vacancy shall be filled with an at- administered by the National Park Service, oned, and executed many individuals who large member’’ after ‘‘made’’. was established at Northwestern University (c) PREPARATION OF THE PLAN.—Section 403 fought as part of the wartime Underground under section 403 of the National Historic of the Cane River Creole National Historical Resistance, an organization that valiantly Preservation Act (16 U.S.C. 470x–2); Park and National Heritage Area Act (16 supported the Allied struggle against Nazi (5) the National Center for Preservation U.S.C. 410ccc–23) is amended by adding at the Germany as part of the largest resistance Technology and Training requires additional end the following: movement in occupied Europe; space to house equipment and workspace ‘‘(d) AMENDMENTS.— Whereas in July 1952, the passage of a new ‘‘(1) IN GENERAL.—An amendment to the connected with the development and dis- constitution formally created the com- management plan that substantially alters semination of preservation and conservation munist People’s Republic of Poland and out- the purposes of the heritage area shall be re- skills and technologies; and lawed any non-communist candidate from viewed by the Secretary and approved or dis- (6) contingent on the approval by the seeking office to represent the people of Po- approved in the same manner as the manage- Board of Supervisors for the University of land; ment plan. Louisiana System, Northwestern State Uni- Whereas during the ensuing years of com- ‘‘(2) IMPLEMENTATION.—The local coordi- versity is willing to make available land munist rule, the people of Poland suffered se- nating entity shall not use Federal funds suitable for the National Park Service to vere hardships because of the communist-led made available under this title to implement construct a facility for curatorial and work- government’s failure to provide for the basic an amendment to the management plan space needs of the National Center for Pres- economic needs of its people; until the Secretary approves the amend- ervation Technology and Training if the Uni- Whereas under communist rule, Polish in- ment.’’. versity is able to use space in the facility for tellectuals, religious leaders, labor officials, (d) TERMINATION OF HERITAGE AREA COM- educational purposes relating to the students, and reformers were imprisoned and MISSION.—Section 404 of the Cane River Cre- Williamson Museum collection of the Uni- exiled for speaking out against a succession ole National Historical Park and National versity. of increasingly corrupt, inefficient, and re- Heritage Area Act (16 U.S.C. 410ccc–24) is SEC. 3. COLLECTIONS CONSERVATION CENTER. pressive pro-Soviet puppets; amended— Section 304 of the Cane River Creole Na- Whereas despite the harsh repression of the (1) in subsection (a), by striking ‘‘the day tional Historical Park and National Heritage communist-led government and the great occurring 10 years after the first official Area Act (16 U.S.C. 410ccc–2) is amended by personal risk they faced, the Polish people meeting of the Commission’’ and inserting adding at the end the following: struggled for freedom by staging strikes, ‘‘August 5, 2025’’; and ‘‘(f) COLLECTIONS CONSERVATION CENTER.— publishing underground newspapers, orga- (2) in the third sentence of subsection (c), ‘‘(1) IN GENERAL.—The Secretary may enter nizing street protests, and speaking out by striking ‘‘, including the potential for a into an agreement with Northwestern State against the economic and political failures nonprofit corporation,’’. University (referred to in this subsection as of the communist regime; the ‘University’) to construct a facility on Whereas in August 1980, in the wake of a By Ms. LANDRIEU: land owned by the University to be used— shipyard workers’ strike in Gdansk, the Soli- S. 1018. A bill to authorize the Sec- ‘‘(A) to house the museum collection of the darity Movement was created as the first retary of the Interior to enter into an historical park; free trade union in the Soviet Bloc nations;

VerDate Mar 15 2010 08:45 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR09\S11MY9.001 S11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12102 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 11, 2009 Whereas ultimately 1 in 4 Polish citizens Whereas in 1962, President John F. Ken- Whereas adequate Federal funding is need- became members of the Solidarity move- nedy designated May 15th as National Peace ed for education, outreach, and research to ment, which served as the driving force for Officers Memorial Day; prevent death and disability, improve out- Poland’s liberation from communist rule; Whereas on May 15, 2009, more than 20,000 comes, reduce costs, and increase the quality Whereas on June 4, 1989, the Solidarity peace officers are expected to gather in of life for people living with HHT: Now, Party secured an overwhelming victory over Washington, District of Columbia, to join therefore, be it the existing communist government in the with the families of their recently fallen Resolved, That the Senate— first open election in Poland since the end of comrades to honor those comrades and all (1) recognizes the need to pursue research World War II, marking the fall of pro-Soviet others who went before them: Now, there- to find better treatments, and eventually, a rule in Poland; and fore, be it cure for HHT; Whereas this victory inspired a succession Resolved, That the Senate— (2) recognizes and supports the HHT Foun- of similarly peaceful transitions from com- (1) recognizes May 15, 2009, as ‘‘National dation International as the only advocacy munism to democracy in other former Soviet Peace Officers Memorial Day’’, in honor of organization in the United States working to Bloc nations: Now, therefore, be it the Federal, State, and local law enforce- find a cure for HHT while saving the lives Resolved, That the Senate— ment officers that have been killed or in- and improving the well-being of individuals (1) celebrates the 20th anniversary of the jured in the line of duty; and and families affected by HHT through re- end of communist rule in Poland; (2) calls on the people of the United States search, outreach, education, and support; (2) expresses its admiration for the people to observe that day with appropriate cere- (3) supports the designation of June 2009 as of Poland for their bravery and resolve in the mony, solemnity, appreciation, and respect. National Hereditary Hemorrhagic Telangiec- face of economic hardship and political op- f stasia (HHT) month, to increase awareness of pression under communist rule; HHT; (3) congratulates the people of Poland for SENATE RESOLUTION 141—RECOG- (4) acknowledges the need to identify the their accomplishments in the years since the NIZING JUNE 2009 AS THE FIRST approximately 90 percent of the HHT popu- end of pro-Soviet communist rule in building NATIONAL HEMORRHAGIC TEL- lation that has not yet been diagnosed and is a free democracy, and for their contributions ANGIECSTASIA (HHT) MONTH, at risk for death or disability due to sudden as international partners; rupture of the blood vessels in major organs (4) expresses its appreciation for the close ESTABLISHED TO INCREASE AWARENESS OF HHT, WHICH IS in the body; friendship between the Government of the (5) recognizes the importance of com- United States and the Government of Po- A COMPLEX GENETIC BLOOD prehensive care centers in providing com- land; and VESSEL DISORDER THAT AF- plete care and treatment for each patient (5) urges the Government of the United FECTS APPROXIMATELY 70,000 with HHT; States to continue to seek new ways to en- PEOPLE IN THE UNITED STATES (6) recognizes that stroke, lung, and brain hance its partnership with the Government hemorrhages can be prevented through early of Poland. Mr. JOHNSON (for himself and Mr. BENNETT) submitted the following reso- diagnosis, screening, and treatment of HHT; f lution; which was referred to the Com- (7) recognizes severe hemorrhages in the SENATE RESOLUTION 140—COM- mittee on Health, Education, Labor, nose and gastrointestinal tract can be con- MEMORATING AND ACKNOWL- trolled through intervention, and that heart and Pensions: failure can be managed through proper diag- EDGING THE DEDICATION AND S. RES. 141 nosis of HHT and treatments; SACRIFICE MADE BY THE MEN Whereas Hereditary Hemorrhagic Telangi- (8) recognizes that a leading medical and AND WOMEN WHO HAVE LOST ecstasia (HHT), also referred to as Osler- academic institution estimated that THEIR LIVES WHILE SERVING AS Weber-Rendu Syndrome, is a long-neglected $6,600,000,000 of 1-time health care costs can LAW ENFORCEMENT OFFICERS national health problem that affects ap- be saved through aggressive management of proximately 70,000 (1 in 5,000) people in the HHT in the at-risk population; and Mr. LEAHY (for himself, Mr. SES- United States and 1,200,000 worldwide; (9) encourages the people of the United SIONS, Mr. BINGAMAN, Mr. ROCKE- Whereas HHT is an autosomal dominant, States and interested groups to observe and FELLER, Mr. KOHL, Mrs. BOXER, Mr. uncommon complex genetic blood vessel dis- support the month through appropriate pro- WHITEHOUSE, Mr. FEINGOLD, Mr. KAUF- order, characterized by telangiectases and grams and activities that promote public MAN, and Mr. MERKLEY) submitted the artery-vein malformations that occurs in awareness of HHT and potential treatments following resolution; which was consid- major organs including the lungs, brain, and for it. ered and agreed to: liver, as well as the nasal mucosa, mouth, f S. RES. 140 gastrointestinal tract, and skin of the face and hands; Whereas the well-being of all citizens of AMENDMENTS SUBMITTED AND Whereas left untreated, HHT can result in the United States is preserved and enhanced PROPOSED considerable morbidity and mortality and as a direct result of the vigilance and dedica- lead to acute and chronic health problems or SA 1058. Mr. DODD (for himself and Mr. tion of law enforcement personnel; sudden death; SHELBY) proposed an amendment to the bill Whereas more than 900,000 men and Whereas 20 percent of those with HHT, re- H.R. 627, to amend the Truth in Lending Act women, at great risk to their personal safe- gardless of age, suffer death and disability; to establish fair and transparent practices ty, presently serve their fellow citizens as Whereas due to widespread lack of knowl- relating to the extension of credit under an guardians of the peace; edge of the disorder among medical profes- open end consumer credit plan, and for other Whereas peace officers are on the front sionals, approximately 90 percent of the HHT purposes. lines in protecting the schools and school- population has not yet been diagnosed and is SA 1059. Mr. WHITEHOUSE (for himself children of the United States; at risk for death or disability due to sudden and Mr. SANDERS) submitted an amendment Whereas 133 peace officers across the rupture of the blood vessels in major organs intended to be proposed by him to the bill United States were killed in the line of duty in the body; H.R. 627, supra; which was ordered to lie on during 2008; Whereas it is estimated that 20 to 40 per- the table. Whereas Congress should strongly support cent of complications and sudden death due SA 1060. Mr. WHITEHOUSE (for himself initiatives to reduce violent crime and to in- to these ‘‘vascular time bombs’’ are prevent- and Mr. SANDERS) submitted an amendment crease the factors that contribute to the able; intended to be proposed by him to the bill safety of law enforcement officers, includ- Whereas patients with HHT frequently re- H.R. 627, supra; which was ordered to lie on ing— the table. (1) equipment of the highest quality and ceive fragmented care from practitioners modernity; who focus on 1 organ of the body, having lit- f tle knowledge about involvement in other (2) increased availability and use of bullet- TEXT OF AMENDMENTS resistant vests; organs or the interrelation of the syndrome (3) improved training; and systemically; SA 1058. Mr. DODD (for himself and (4) advanced emergency medical care; Whereas HHT is associated with serious Mr. SHELBY) proposed an amendment Whereas there are recorded 18,274 Federal, consequences if not treated early, yet the to the bill H.R. 627, to amend the Truth State, and local law enforcement officers condition is amenable to early identification in Lending Act to establish fair and who lost their lives in the line of duty while and diagnosis with suitable tests, and there protecting their fellow citizens, and whose are acceptable treatments available in al- transparent practices relating to the names are engraved upon the National Law ready-established facilities such as the 8 extension of credit under an open end Enforcement Officers Memorial in Wash- HHT Treatment Centers of Excellence in the consumer credit plan, and for other ington, District of Columbia; United States; and purposes; as follows:

VerDate Mar 15 2010 08:45 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR09\S11MY9.001 S11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 11, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 12103 Strike all after the enacting clause and in- ration of an introductory annual percentage does not exceed the rate, fee, or finance sert the following: rate, or due solely to a change in another charge that applied to that category of SECTION 1. SHORT TITLE; TABLE OF CONTENTS. rate of interest to which such rate is in- transactions prior to commencement of the (a) SHORT TITLE.—This Act may be cited as dexed) not later than 45 days prior to the ef- arrangement; or the ‘‘Credit Card Accountability Responsi- fective date of the increase. ‘‘(4) an increase due solely to the fact that bility and Disclosure Act of 2009’’ or the ‘‘(2) ADVANCE NOTICE OF OTHER SIGNIFICANT a minimum payment by the obligor has not ‘‘Credit CARD Act of 2009’’. CHANGES REQUIRED.—In the case of any credit been received by the creditor within 60 days (b) TABLE OF CONTENTS.— card account under an open end consumer after the due date for such payment, pro- The table of contents for this Act is as fol- credit plan, a creditor shall provide a written vided that the creditor shall— lows: notice of any significant change, as deter- ‘‘(A) include, together with the notice of mined by rule of the Board, in the terms (in- such increase required under section 127(i), a Sec. 1. Short title; table of contents. cluding an increase in any fee or finance clear and conspicuous written statement of Sec. 2. Regulatory authority. charge, other than as provided in paragraph the reason for the increase and that the in- Sec. 3. Effective date. (1)) of the cardholder agreement between the crease will terminate not later than 6 TITLE I—CONSUMER PROTECTION creditor and the obligor, not later than 45 months after the date on which it is im- Sec. 101. Protection of credit cardholders. days prior to the effective date of the posed, if the creditor receives the required Sec. 102. Limits on fees and interest charges. change. minimum payments from the obligor during Sec. 103. Use of terms clarified. ‘‘(3) NOTICE OF RIGHT TO CANCEL.—Each no- that period; and Sec. 104. Application of card payments. tice required by paragraph (1) or (2) shall be ‘‘(B) terminate such increase not later Sec. 105. Standards applicable to initial made in a clear and conspicuous manner, and than 6 months after the date on which it is issuance of subprime or ‘‘fee shall contain a brief statement of the right imposed, if the creditor receives the required harvester’’ cards. of the obligor to cancel the account pursuant minimum payments during that period. Sec. 106. Rules regarding periodic state- to rules established by the Board before the ‘‘(c) REPAYMENT OF OUTSTANDING BAL- ments. effective date of the subject rate increase or ANCE.— Sec. 107. Enhanced penalties. other change. ‘‘(1) IN GENERAL.—The creditor shall not Sec. 108. Clerical amendments. ‘‘(4) RULE OF CONSTRUCTION.—Closure or change the terms governing the repayment cancellation of an account by the obligor TITLE II—ENHANCED CONSUMER of any outstanding balance, except that the shall not constitute a default under an exist- DISCLOSURES creditor may provide the obligor with one of ing cardholder agreement, and shall not trig- the methods described in paragraph (2) of re- Sec. 201. Payoff timing disclosures. ger an obligation to immediately repay the paying any outstanding balance, or a method Sec. 202. Requirements relating to late pay- obligation in full or through a method that that is no less beneficial to the obligor than ment deadlines and penalties. is less beneficial to the obligor than one of one of those methods. Sec. 203. Renewal disclosures. the methods described in section 171(c)(2), or ‘‘(2) METHODS.—The methods described in Sec. 204. Internet posting of credit card the imposition of any other penalty or fee.’’. this paragraph are— agreements. (2) EFFECTIVE DATE.—Notwithstanding sec- ‘‘(A) an amortization period of not less TITLE III—PROTECTION OF YOUNG tion 3, section 127(i) of the Truth in Lending than 5 years, beginning on the effective date CONSUMERS Act, as added by this subsection, shall be- of the increase set forth in the notice re- Sec. 301. Extensions of credit to underage come effective 90 days after the date of en- quired under section 127(i); or consumers. actment of this Act. ‘‘(B) a required minimum periodic payment Sec. 302. Protection of young consumers (b) RETROACTIVE INCREASE AND UNIVERSAL that includes a percentage of the out- from prescreened credit offers. DEFAULT PROHIBITED.—Chapter 4 of the standing balance that is equal to not more Sec. 303. Issuance of credit cards to certain Truth in Lending Act (15 U.S.C. 1666 et seq.) than twice the percentage required before college students. is amended— the effective date of the increase set forth in (1) by redesignating section 171 as section the notice required under section 127(i). TITLE IV—GIFT CARDS 173; and ‘‘(d) OUTSTANDING BALANCE DEFINED.—For Sec. 401. General-use prepaid cards, gift cer- (2) by inserting after section 170 the fol- purposes of this section, the term ‘out- tificates, and store gift cards. lowing: standing balance’ means the amount owed on Sec. 402. Relation to State laws. ‘‘SEC. 171. LIMITS ON INTEREST RATE, FEE, AND a credit card account under an open end con- Sec. 403. Effective date. FINANCE CHARGE INCREASES AP- sumer credit plan as of the end of the 14th TITLE V—MISCELLANEOUS PROVISIONS PLICABLE TO OUTSTANDING BAL- ANCES. day after the date on which the creditor pro- Sec. 501. Study and report on interchange ‘‘(a) IN GENERAL.—In the case of any credit vides notice of an increase in the annual per- fees. card account under an open end consumer centage rate, fee, or finance charge in ac- Sec. 502. Board review of consumer credit credit plan, no creditor may increase any an- cordance with section 127(i).’’. plans and regulations. nual percentage rate, fee, or finance charge (c) INTEREST RATE REDUCTION ON OPEN END SEC. 2. REGULATORY AUTHORITY. applicable to any outstanding balance, ex- CONSUMER CREDIT PLANS.—Chapter 3 of the The Board of Governors of the Federal Re- cept as permitted under subsection (b). Truth in Lending Act (15 U.S.C. 1661 et seq.) serve System (in this Act referred to as the ‘‘(b) EXCEPTIONS.—The prohibition under is amended by adding at the end the fol- ‘‘Board’’) may issue such rules and publish subsection (a) shall not apply to— lowing: such model forms as it considers necessary ‘‘(1) an increase in an annual percentage ‘‘SEC. 148. INTEREST RATE REDUCTION ON OPEN to carry out this Act and the amendments rate upon the expiration of a specified period END CONSUMER CREDIT PLANS. made by this Act. of time, provided that— ‘‘(a) IN GENERAL.—If a creditor increases ‘‘(A) prior to commencement of that pe- the annual percentage rate applicable to a SEC. 3. EFFECTIVE DATE. riod, the creditor disclosed to the consumer, credit card account under an open end con- This Act and the amendments made by in a clear and conspicuous manner, the sumer credit plan, based on factors including this Act shall become effective 9 months length of the period and the annual percent- the credit risk of the obligor, market condi- after the date of enactment of this Act, ex- age rate that would apply after expiration of tions, or other factors, the creditor shall cept as otherwise specifically provided in the period; consider changes in such factors in subse- this Act. ‘‘(B) the increased annual percentage rate quently determining whether to reduce the TITLE I—CONSUMER PROTECTION does not exceed the rate disclosed pursuant annual percentage rate for such obligor. SEC. 101. PROTECTION OF CREDIT CARD- to subparagraph (A); and ‘‘(b) REQUIREMENTS.—With respect to any HOLDERS. ‘‘(C) the increased annual percentage rate credit card account under an open end con- (a) ADVANCE NOTICE OF RATE INCREASE AND is not applied to transactions that occurred sumer credit plan, the creditor shall— OTHER CHANGES REQUIRED.— prior to commencement of the period; ‘‘(1) maintain reasonable methodologies for (1) AMENDMENT TO TILA.—Section 127 of the ‘‘(2) an increase in a variable annual per- assessing the factors described in subsection Truth in Lending Act (15 U.S.C. 1637) is centage rate, fee, or finance charge in ac- (a); amended by adding at the end the following: cordance with a credit card agreement that ‘‘(2) not less frequently than once every 6 ‘‘(i) ADVANCE NOTICE OF RATE INCREASE provides for changes according to an index or months, review accounts as to which the an- AND OTHER CHANGES REQUIRED.— formula; nual percentage rate has been increased ‘‘(1) ADVANCE NOTICE OF INCREASE IN INTER- ‘‘(3) an increase due to the failure of the since January 1, 2009, to assess whether such EST RATE REQUIRED.—In the case of any cred- obligor to comply with the terms of a work- factors have changed (including whether any it card account under an open end consumer out or temporary hardship arrangement, pro- risk has declined); credit plan, a creditor shall provide a written vided that the annual percentage rate, fee, or ‘‘(3) reduce the annual percentage rate pre- notice of an increase in an annual percentage finance charge applicable to a category of viously increased when a reduction is indi- rate (other than an increase due to the expi- transactions following any such increase cated by the review; and

VerDate Mar 15 2010 08:45 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR09\S11MY9.001 S11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12104 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 11, 2009 ‘‘(4) in the event of an increase in the an- credit plan under which an over-the-limit-fee rector of the Office of Thrift Supervision, nual percentage rate, provide in the written may be imposed by the creditor for any ex- and the National Credit Union Administra- notice required under section 127(i) a state- tension of credit in excess of the amount of tion Board, shall issue final rules not later ment of the reasons for the increase. credit authorized to be extended under such than 9 months after the date of enactment of ‘‘(c) RULE OF CONSTRUCTION.—This section account, no such fee shall be charged, unless this section, to establish standards for as- shall not be construed to require a reduction the consumer has expressly elected to permit sessing whether the amount of any penalty in any specific amount. the creditor, with respect to such account, to fee or charge described under subsection (a) ‘‘(d) RULEMAKING.—The Board shall issue complete transactions involving the exten- is reasonable and proportional to the omis- final rules not later than 9 months after the sion of credit under such account in excess of sion or violation to which the fee or charge date of enactment of this section to imple- the amount of credit authorized. relates. Subsection (a) shall become effective ment the requirements of and evaluate com- ‘‘(2) DISCLOSURE BY CREDITOR.—No election 15 months after the date of enactment of this pliance with this section, and subsections by a consumer under paragraph (1) shall take section. (a), (b), and (c) shall become effective 15 effect unless the consumer, before making ‘‘(c) CONSIDERATIONS.—In issuing rules re- months after that date of enactment.’’. such election, received a notice from the quired by this section, the Board shall con- (d) INTRODUCTORY AND PROMOTIONAL creditor of any over-the-limit fee in the form sider— RATES.—Chapter 4 of the Truth in Lending and manner, and at the time, determined by ‘‘(1) the cost incurred by the creditor from Act (15 U.S.C. 1666 et seq.) is amended by in- the Board. If the consumer makes the elec- such omission or violation; serting after section 171, as amended by this tion referred to in paragraph (1), the creditor ‘‘(2) the deterrence of such omission or vio- Act, the following: shall provide notice to the consumer of the lation by the cardholder; ‘‘SEC. 172. ADDITIONAL LIMITS ON INTEREST right to revoke the election, in the form pre- ‘‘(3) the conduct of the cardholder; and RATE INCREASES. scribed by the Board, in any periodic state- ‘‘(4) such other factors as the Board may ‘‘(a) LIMITATION ON INCREASES WITHIN ment that includes notice of the imposition deem necessary or appropriate. FIRST YEAR.—Except in the case of an in- of an over-the-limit fee during the period ‘‘(d) DIFFERENTIATION PERMITTED.—In crease described in paragraph (1) or (2) of covered by the statement. issuing rules required by this subsection, the section 171(b), no increase in any annual per- ‘‘(3) FORM OF ELECTION.—A consumer may Board may establish different standards for centage rate, fee, or finance charge on any make or revoke the election referred to in different types of fees and charges, as appro- credit card account under an open end con- paragraph (1) orally, electronically, or in priate. sumer credit plan shall be effective before writing, pursuant to regulations prescribed ‘‘(e) SAFE HARBOR RULE AUTHORIZED.—The the end of the 1-year period beginning on the by the Board. The Board shall prescribe reg- Board, in consultation with the Comptroller date on which the account is opened. ulations to ensure that the same options are of the Currency, the Board of Directors of ‘‘(b) PROMOTIONAL RATE MINIMUM TERM.— available for both making and revoking such the Federal Deposit Insurance Corporation, No increase in any annual percentage rate election. the Director of the Office of Thrift Super- applicable to a credit card account under an ‘‘(4) TIME OF ELECTION.—A consumer may vision, and the National Credit Union Ad- open end consumer credit plan that is a pro- make the election referred to in paragraph ministration Board, may issue rules to pro- motional rate (as that term is defined by the (1) at any time, and such election shall be ef- vide an amount for any penalty fee or charge Board) shall be effective before the end of fective until the election is revoked in the described under subsection (a) that is pre- the 6-month period beginning on the date on manner prescribed under paragraph (3). sumed to be reasonable and proportional to which the promotional rate takes effect, sub- ‘‘(5) REGULATIONS.—The Board shall pre- the omission or violation to which the fee or ject to such reasonable exceptions as the scribe regulations— charge relates.’’. Board may establish, by rule.’’. ‘‘(A) governing disclosures under this sub- (2) CLERICAL AMENDMENTS.—Chapter 3 of (e) CLERICAL AMENDMENT.—The table of section; and the Truth in Lending Act (15 U.S.C. 1661 et sections for chapter 4 of the Truth in Lend- ‘‘(B) that prevent unfair or deceptive acts seq.) is amended— ing Act is amended by striking the item re- or practices in connection with the manipu- (A) in the chapter heading, by inserting lating to section 171 and inserting the fol- lation of credit limits designed to increase ‘‘AND LIMITS ON CREDIT CARD FEES’’ lowing: over-the-limit fees or other penalty fees. after ‘‘ADVERTISING’’; and ‘‘171. Limits on interest rate, fee, and finance ‘‘(6) RULE OF CONSTRUCTION.—Nothing in (B) in the table of sections for the chapter, charge increases applicable to this subsection shall be construed to prohibit by adding at the end the following: outstanding balances. a creditor from completing an over-the-limit ‘‘148. Interest rate reduction on open end ‘‘172. Additional limits on interest rate in- transaction, provided that a consumer who consumer credit plans. creases. has not made a valid election under para- ‘‘149. Reasonable penalty fees on open end ‘‘173. Applicability of State laws.’’. graph (1) is not charged an over-the-limit fee consumer credit plans.’’. SEC. 102. LIMITS ON FEES AND INTEREST for such transaction. SEC. 103. USE OF TERMS CLARIFIED. CHARGES. ‘‘(l) LIMIT ON FEES RELATED TO METHOD OF Section 127 of the Truth in Lending Act (15 (a) IN GENERAL.—Section 127 of the Truth PAYMENT.—With respect to a credit card ac- U.S.C. 1637) is amended by adding at the end in Lending Act (15 U.S.C. 1637) is amended by count under an open end consumer credit the following: adding at the end the following: plan, the creditor may not impose a separate ‘‘(m) USE OF TERM ‘FIXED RATE’.—With re- ‘‘(j) PROHIBITION ON PENALTIES FOR ON- fee to allow the obligor to repay an exten- spect to the terms of any credit card account TIME PAYMENTS.— sion of credit or finance charge, whether under an open end consumer credit plan, the ‘‘(1) PROHIBITION ON DOUBLE-CYCLE BILLING such repayment is made by mail, electronic term ‘fixed’, when appearing in conjunction AND PENALTIES FOR ON-TIME PAYMENTS.—Ex- transfer, telephone authorization, or other with a reference to the annual percentage cept as provided in paragraph (2), a creditor means, unless such payment involves an ex- rate or interest rate applicable with respect may not impose any finance charge on a pedited service by a service representative of to such account, may only be used to refer to credit card account under an open end con- the creditor.’’. an annual percentage rate or interest rate sumer credit plan as a result of the loss of (b) REASONABLE PENALTY FEES.— that will not change or vary for any reason any time period provided by the creditor (1) IN GENERAL.—Chapter 3 of the Truth in over the period specified clearly and con- within which the obligor may repay any por- Lending Act (15 U.S.C. 1661 et seq.), as spicuously in the terms of the account.’’. tion of the credit extended without incurring amended by this Act, is amended by adding SEC. 104. APPLICATION OF CARD PAYMENTS. a finance charge, with respect to— at the end the following: Section 164 of the Truth in Lending Act (15 ‘‘(A) any balances for days in billing cycles ‘‘SEC. 149. REASONABLE PENALTY FEES ON OPEN U.S.C. 1666c) is amended— that precede the most recent billing cycle; or END CONSUMER CREDIT PLANS. (1) by striking the section heading and all ‘‘(B) any balances or portions thereof in ‘‘(a) IN GENERAL.—The amount of any pen- that follows through ‘‘Payments’’ and insert- the current billing cycle that were repaid alty fee or charge that a card issuer may im- ing the following: within such time period. pose with respect to a credit card account ‘‘§ 164. Prompt and fair crediting of payments ‘‘(2) EXCEPTIONS.—Paragraph (1) does not under an open end consumer credit plan in ‘‘(a) IN GENERAL.—Payments’’; apply to— connection with any omission with respect (2) by inserting ‘‘, by 5:00 p.m. on the date ‘‘(A) any adjustment to a finance charge as to, or violation of, the cardholder agreement, on which such payment is due,’’ after ‘‘in a result of the resolution of a dispute; or including any late payment fee, over the readily identifiable form’’; ‘‘(B) any adjustment to a finance charge as limit fee, or any other penalty fee or charge, (3) by striking ‘‘manner, location, and a result of the return of a payment for insuf- shall be reasonable and proportional to such time’’ and inserting ‘‘manner, and location’’; ficient funds. omission or violation. and ‘‘(k) OPT-IN REQUIRED FOR OVER-THE-LIMIT ‘‘(b) RULEMAKING REQUIRED.—The Board, in (4) by adding at the end the following: TRANSACTIONS IF FEES ARE IMPOSED.— consultation with the Comptroller of the ‘‘(b) APPLICATION OF PAYMENTS.— ‘‘(1) IN GENERAL.—In the case of any credit Currency, the Board of Directors of the Fed- ‘‘(1) IN GENERAL.—Upon receipt of a pay- card account under an open end consumer eral Deposit Insurance Corporation, the Di- ment from a cardholder, the card issuer shall

VerDate Mar 15 2010 08:45 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR09\S11MY9.001 S11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 11, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 12105 apply amounts in excess of the minimum odic statement including the information re- paying that balance in full, if the consumer payment amount first to the card balance quired by section 127(b) is mailed or deliv- pays only the required minimum monthly bearing the highest rate of interest, and then ered to the consumer not later than 21 days payments and if no further advances are to each successive balance bearing the next before the payment due date. made; highest rate of interest, until the payment is ‘‘(b) GRACE PERIOD.—If an open end con- ‘‘(iii) the monthly payment amount that exhausted. sumer credit plan provides a time period would be required for the consumer to elimi- ‘‘(2) CLARIFICATION RELATING TO CERTAIN within which an obligor may repay any por- nate the outstanding balance in 36 months, if DEFERRED INTEREST ARRANGEMENTS.—A cred- tion of the credit extended without incurring no further advances are made, and the total itor shall allocate the entire amount paid by an additional finance charge, such additional cost to the consumer, including interest and the consumer in excess of the minimum pay- finance charge may not be imposed with re- principal payments, of paying that balance ment amount to a balance on which interest spect to such portion of the credit extended in full if the consumer pays the balance over is deferred during the last 2 billing cycles for the billing cycle of which such period is 36 months; and immediately preceding the expiration of the a part, unless a statement which includes ‘‘(iv) a toll-free telephone number at which period during which interest is deferred. the amount upon which the finance charge the consumer may receive information about ‘‘(c) CHANGES BY CARD ISSUER.—If a card for the period is based was mailed or deliv- accessing credit counseling and debt man- issuer makes a material change in the mail- ered to the consumer not later than 21 days agement services. ing address, office, or procedures for han- before the date specified in the statement by ‘‘(C)(i) Subject to clause (ii), in making the dling cardholder payments, and such change which payment must be made in order to disclosures under subparagraph (B), the cred- causes a material delay in the crediting of a avoid imposition of that finance charge.’’. itor shall apply the interest rate or rates in cardholder payment made during the 60-day (2) EFFECTIVE DATE.—Notwithstanding sec- effect on the date on which the disclosure is period following the date on which such tion 3, section 163 of the Truth in Lending made until the date on which the balance change took effect, the card issuer may not Act, as amended by this subsection, shall be- would be paid in full. impose any late fee or finance charge for a come effective 90 days after the date of en- ‘‘(ii) If the interest rate in effect on the late payment on the credit card account to actment of this Act. date on which the disclosure is made is a which such payment was credited.’’. (c) CLERICAL AMENDMENTS.—The table of temporary rate that will change under a con- sections for chapter 4 of the Truth in Lend- tractual provision applying an index or for- SEC. 105. STANDARDS APPLICABLE TO INITIAL ing Act is amended— ISSUANCE OF SUBPRIME OR ‘‘FEE mula for subsequent interest rate adjust- (1) by striking the item relating to section HARVESTER’’ CARDS. ment, the creditor shall apply the interest 163 and inserting the following: Section 127 of the Truth in Lending Act (15 rate in effect on the date on which the dis- U.S.C. 1637), as amended by this Act, is ‘‘163. Timing of payments.’’; and closure is made for as long as that interest amended by adding at the end the following (2) by striking the item relating to section rate will apply under that contractual provi- new subsection: 171 and inserting the following: sion, and then apply an interest rate based ‘‘(n) STANDARDS APPLICABLE TO INITIAL ‘‘171. Universal defaults prohibited. on the index or formula in effect on the ap- ISSUANCE OF SUBPRIME OR ‘FEE HARVESTER’ ‘‘172. Unilateral changes in credit card agree- plicable billing date. CARDS.— ment prohibited. ‘‘(D) All of the information described in ‘‘(1) IN GENERAL.—If the terms of a credit ‘‘173. Applicability of State laws.’’. subparagraph (B) shall— card account under an open end consumer SEC. 107. ENHANCED PENALTIES. ‘‘(i) be disclosed in the form and manner credit plan require the payment of any fees Section 130(a)(2)(A) of the Truth in Lend- which the Board shall prescribe, by regula- (other than any late fee, over-the-limit fee, ing Act (15 U.S.C. 1640(a)(2)(A)) is amended tion, and in a manner that avoids duplica- or fee for a payment returned for insufficient by striking ‘‘or (iii) in the’’ and inserting the tion; and funds) by the consumer in the first year dur- following: ‘‘(iii) in the case of an individual ‘‘(ii) be placed in a conspicuous and promi- ing which the account is opened in an aggre- action relating to an open end consumer nent location on the billing statement. gate amount in excess of 25 percent of the credit plan that is not secured by real prop- ‘‘(E) In the regulations prescribed under total amount of credit authorized under the erty or a dwelling, twice the amount of any subparagraph (D), the Board shall require account when the account is opened, no pay- finance charge in connection with the trans- that the disclosure of such information shall ment of any fees (other than any late fee, action, with a minimum of $500 and a max- be in the form of a table that— over-the-limit fee, or fee for a payment re- imum of $5,000, or such higher amount as ‘‘(i) contains clear and concise headings for turned for insufficient funds) may be made may be appropriate in the case of an estab- each item of such information; and from the credit made available under the lished pattern or practice of such failures; or ‘‘(ii) provides a clear and concise form terms of the account. (iv) in the’’. stating each item of information required to ‘‘(2) RULE OF CONSTRUCTION.—No provision SEC. 108. CLERICAL AMENDMENTS. be disclosed under each such heading. of this subsection may be construed as au- Section 103(i) of the Truth in Lending Act ‘‘(F) In prescribing the form of the table thorizing any imposition or payment of ad- (15 U.S.C. 1602(i)) is amended— under subparagraph (E), the Board shall re- vance fees otherwise prohibited by any provi- (1) by striking ‘‘term’’ and all that follows quire that— sion of law.’’. through ‘‘means’’ and inserting the fol- ‘‘(i) all of the information in the table, and SEC. 106. RULES REGARDING PERIODIC STATE- lowing: ‘‘terms ‘open end credit plan’ and not just a reference to the table, be placed on MENTS. ‘open end consumer credit plan’ mean’’; and the billing statement, as required by this (a) IN GENERAL.—Section 127 of the Truth (2) in the second sentence, by inserting ‘‘or paragraph; and in Lending Act (15 U.S.C. 1637) is amended by open end consumer credit plan’’ after ‘‘credit ‘‘(ii) the items required to be included in adding at the end the following: plan’’ each place that term appears. the table shall be listed in the order in which ‘‘(o) DUE DATES FOR CREDIT CARD AC- TITLE II—ENHANCED CONSUMER such items are set forth in subparagraph (B). COUNTS.— DISCLOSURES ‘‘(G) In prescribing the form of the table ‘‘(1) IN GENERAL.—The payment due date SEC. 201. PAYOFF TIMING DISCLOSURES. under subparagraph (D), the Board shall em- for a credit card account under an open end (a) IN GENERAL.—Section 127(b)(11) of the ploy terminology which is different than the consumer credit plan shall be the same day Truth in Lending Act (15 U.S.C. 1637(b)(11)) is terminology which is employed in subpara- each month. amended to read as follows: graph (B), if such terminology is more easily ‘‘(2) WEEKEND OR HOLIDAY DUE DATES.—If ‘‘(11)(A) A written statement in the fol- understood and conveys substantially the the payment due date for a credit card ac- lowing form: ‘Minimum Payment Warning: same meaning.’’. count under an open end consumer credit Making only the minimum payment will in- (b) CIVIL LIABILITY.—Section 130(a) of the plan is a day on which the creditor does not crease the amount of interest you pay and Truth in Lending Act (15 U.S.C. 1640(a)) is receive or accept payments by mail (includ- the time it takes to repay your balance.’, or amended, in the undesignated paragraph fol- ing weekends and holidays), the creditor such similar statement as is established by lowing paragraph (4), by striking the second may not treat a payment received on the the Board pursuant to consumer testing. sentence and inserting the following: ‘‘In next business day as late for any purpose.’’. ‘‘(B) Repayment information that would connection with the disclosures referred to (b) LENGTH OF BILLING PERIOD.— apply to the outstanding balance of the con- in subsections (a) and (b) of section 127, a (1) IN GENERAL.—Section 163 of the Truth sumer under the credit plan, including— creditor shall have a liability determined in Lending Act (15 U.S.C. 1666b) is amended ‘‘(i) the number of months (rounded to the under paragraph (2) only for failing to com- to read as follows: nearest month) that it would take to pay the ply with the requirements of section 125, ‘‘SEC. 163. TIMING OF PAYMENTS. entire amount of that balance, if the con- 127(a), or any of paragraphs (4) through (13) ‘‘(a) TIME TO MAKE PAYMENTS.—A creditor sumer pays only the required minimum of section 127(b), or for failing to comply may not treat a payment on an open end monthly payments and if no further ad- with disclosure requirements under State consumer credit plan as late for any purpose, vances are made; law for any term or item that the Board has unless the creditor has adopted reasonable ‘‘(ii) the total cost to the consumer, in- determined to be substantially the same in procedures designed to ensure that each peri- cluding interest and principal payments, of meaning under section 111(a)(2) as any of the

VerDate Mar 15 2010 08:45 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR09\S11MY9.001 S11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12106 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 11, 2009 terms or items referred to in section 127(a), SEC. 202. REQUIREMENTS RELATING TO LATE consumer credit card agreements received or any of paragraphs (4) through (13) of sec- PAYMENT DEADLINES AND PEN- from creditors pursuant to this subsection, ALTIES. tion 127(b).’’. and such agreements shall be easily acces- Section 127(b)(12) of the Truth in Lending sible and retrievable by the public. (c) GUIDELINES REQUIRED.— Act (15 U.S.C. 1637(b)(12)) is amended to read ‘‘(4) EXCEPTION.—This subsection shall not (1) IN GENERAL.—Not later than 6 months as follows: apply to individually negotiated changes to after the date of enactment of this Act, the ‘‘(12) REQUIREMENTS RELATING TO LATE PAY- contractual terms, such as individually Secretary of the Treasury (in this section re- MENT DEADLINES AND PENALTIES.— modified workouts or renegotiations of ferred to as the ‘‘Secretary’’) through the Of- ‘‘(A) LATE PAYMENT DEADLINE REQUIRED TO amounts owed by a consumer under an open fice of Finance Education, in consultation BE DISCLOSED.—In the case of a credit card end consumer credit plan. with the Board, shall, by rule, regulation, or account under an open end consumer credit ‘‘(5) REGULATIONS.—The Board, in consulta- order, issue guidelines for the establishment plan under which a late fee or charge may be tion with the other Federal banking agencies and maintenance by creditors of a toll-free imposed due to the failure of the obligor to (as that term is defined in section 603) and telephone number for purposes of the disclo- make payment on or before the due date for the Federal Trade Commission, may promul- sures required under section 127(b)(11)(B)(iv) such payment, the periodic statement re- gate regulations to implement this sub- of the Truth in Lending Act, as added by this quired under subsection (b) with respect to section, including specifying the format for section. the account shall include, in a conspicuous posting the agreements on the Internet sites (2) APPROVED AGENCIES.—Guidelines issued location on the billing statement, the date of creditors and establishing exceptions to under this subsection shall ensure that refer- on which the payment is due or, if different, paragraphs (1) and (2), in any case in which rals provided by the toll-free number re- the date on which a late payment fee will be the administrative burden outweighs the ferred to in paragraph (1) include only those charged, together with the amount of the fee benefit of increased transparency, such as agencies certified by the Secretary as meet- or charge to be imposed if payment is made where a credit card plan has a de minimis ing the criteria under this section. after that date. number of consumer account holders.’’. (3) CRITERIA.—The Secretary shall only ‘‘(B) DISCLOSURE OF INCREASE IN INTEREST TITLE III—PROTECTION OF YOUNG certify a nonprofit budget and credit coun- RATES FOR LATE PAYMENTS.—If 1 or more late CONSUMERS seling agency for purposes of this subsection payments under an open end consumer credit SEC. 301. EXTENSIONS OF CREDIT TO UNDERAGE that— plan may result in an increase in the annual CONSUMERS. (A) demonstrates that it will provide quali- percentage rate applicable to the account, Section 127(c) of the Truth in Lending Act fied counselors, maintain adequate provision the statement required under subsection (b) (15 U.S.C. 1637(c)) is amended by adding at for safekeeping and payment of client funds, with respect to the account shall include the end the following: provide adequate counseling with respect to conspicuous notice of such fact, together ‘‘(8) APPLICATIONS FROM UNDERAGE CON- client credit problems, and deal responsibly with the applicable penalty annual percent- SUMERS.— and effectively with other matters relating age rate, in close proximity to the disclosure ‘‘(A) PROHIBITION ON ISSUANCE.—No credit to the quality, effectiveness, and financial required under subparagraph (A) of the date card may be issued to, or open end consumer security of the services it provides; and on which payment is due under the terms of credit plan established by or on behalf of, a (B) at a minimum— the account. consumer who has not attained the age of 21, (i) is registered as a nonprofit entity under ‘‘(C) PAYMENTS AT LOCAL BRANCHES.—If the unless the consumer has submitted a written section 501(c) of the Internal Revenue Code creditor, in the case of a credit card account application to the card issuer that meets the of 1986; referred to in subparagraph (A), is a financial requirements of subparagraph (B). (ii) has a board of directors, the majority institution which maintains branches or of- ‘‘(B) APPLICATION REQUIREMENTS.—An ap- of the members of which— fices at which payments on any such account plication to open a credit card account by a (I) are not employed by such agency; and are accepted from the obligor in person, the consumer who has not attained the age of 21 (II) will not directly or indirectly benefit date on which the obligor makes a payment as of the date of submission of the applica- financially from the outcome of the coun- on the account at such branch or office shall tion shall require— seling services provided by such agency; be considered to be the date on which the ‘‘(i) the signature of a cosigner, including (iii) if a fee is charged for counseling serv- payment is made for purposes of determining the parent, legal guardian, spouse, or any ices, charges a reasonable and fair fee, and whether a late fee or charge may be imposed other individual who has attained the age of provides services without regard to ability to due to the failure of the obligor to make pay- 21 having a means to repay debts incurred by pay the fee; ment on or before the due date for such pay- the consumer in connection with the ac- (iv) provides for safekeeping and payment ment.’’. count, indicating joint liability for debts in- of client funds, including an annual audit of SEC. 203. RENEWAL DISCLOSURES. curred by the consumer in connection with the trust accounts and appropriate employee Section 127(d) of the Truth in Lending Act the account before the consumer has at- bonding; (15 U.S.C. 1637(d)) is amended— tained the age of 21; or ‘‘(ii) submission by the consumer of finan- (v) provides full disclosures to clients, in- (1) by striking paragraph (2); cial information, including through an appli- cluding funding sources, counselor qualifica- (2) by redesignating paragraph (3) as para- cation, indicating an independent means of tions, possible impact on credit reports, any graph (2); and repaying any obligation arising from the costs of such program that will be paid by (3) in paragraph (1), by striking ‘‘Except as proposed extension of credit in connection the client, and how such costs will be paid; provided in paragraph (2), a card issuer’’ and with the account. (vi) provides adequate counseling with re- inserting the following: ‘‘A card issuer that ‘‘(C) SAFE HARBOR.—The Board shall pro- spect to the credit problems of the client, in- has changed or amended any term of the ac- mulgate regulations providing standards cluding an analysis of the current financial count since the last renewal that has not that, if met, would satisfy the requirements been previously disclosed or’’. condition of the client, factors that caused of subparagraph (B)(ii).’’. such financial condition, and how such client SEC. 204. INTERNET POSTING OF CREDIT CARD SEC. 302. PROTECTION OF YOUNG CONSUMERS AGREEMENTS. can develop a plan to respond to the prob- FROM PRESCREENED CREDIT OF- lems without incurring negative amortiza- (a) IN GENERAL.—Section 122 of the Truth FERS. tion of debt; and Lending Act (15 U.S.C. 1632) is amended Section 604(c)(1)(B) of the Fair Credit Re- (vii) provides trained counselors who— by adding at the end the following new sub- porting Act (15 U.S.C. 1681b(c)(1)(B)) is (I) receive no commissions or bonuses section: amended— based on the outcome of the counseling serv- ‘‘(d) ADDITIONAL ELECTRONIC DISCLO- (1) in clause (ii), by striking ‘‘and’’ at the ices provided; SURES.— end; and (II) have adequate experience; and ‘‘(1) POSTING AGREEMENTS.—Each creditor (2) in clause (iii), by striking the period at (III) have been adequately trained to pro- shall establish and maintain an Internet site the end and inserting the following: ‘‘; and vide counseling services to individuals in fi- on which the creditor shall post the written ‘‘(iv) the consumer report does not contain nancial difficulty, including the matters de- agreement between the creditor and the con- a date of birth that shows that the consumer scribed in clause (vi); sumer for each credit card account under an has not attained the age of 21, or, if the date (viii) demonstrates adequate experience open-end consumer credit plan. of birth on the consumer report shows that and background in providing credit coun- ‘‘(2) CREDITOR TO PROVIDE CONTRACTS TO the consumer has not attained the age of 21, seling; THE BOARD.—Each creditor shall provide to such consumer consents to the consumer re- (ix) has adequate financial resources to the Board, in electronic format, the con- porting agency to such furnishing.’’. provide continuing support services for budg- sumer credit card agreements that it pub- SEC. 303. ISSUANCE OF CREDIT CARDS TO CER- eting plans over the life of any repayment lishes on its Internet site. TAIN COLLEGE STUDENTS. plan; and ‘‘(3) RECORD REPOSITORY.—The Board shall Section 127 of the Truth in Lending Act (15 (x) is accredited by an independent, nation- establish and maintain on its publicly avail- U.S.C. 1637) is amended by adding at the end ally recognized accrediting organization. able Internet site a central repository of the the following new subsection:

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‘‘(p) PARENTAL APPROVAL REQUIRED TO IN- gift card’ do not include an electronic prom- tificate was issued, or the date on which card CREASE CREDIT LINES FOR ACCOUNTS FOR ise, plastic card, or payment code or device funds were last loaded to a store gift card or WHICH PARENT IS JOINTLY LIABLE.—No in- that is— general-use prepaid card; and crease may be made in the amount of credit ‘‘(i) used solely for telephone services; ‘‘(B) the terms of expiration are promi- authorized to be extended under a credit card ‘‘(ii) reloadable and not marketed or la- nently disclosed in all capital letters that account for which a parent, legal guardian, beled as a gift card or gift certificate; are presented in at least 10-point type. or spouse of the consumer, or any other indi- ‘‘(iii) a loyalty, award, or promotional gift ‘‘(d) ADDITIONAL RULEMAKING.— vidual has assumed joint liability for debts card, as defined by the Board; ‘‘(1) IN GENERAL.—The Board shall pre- incurred by the consumer in connection with ‘‘(iv) not marketed to the general public; scribe regulations to carry out this section, the account before the consumer attains the or in addition to any other rules or regulations age of 21, unless that parent, guardian, or ‘‘(v) issued in paper form only (including required by this title, including such addi- spouse approves in writing, and assumes for tickets and events). tional requirements as appropriate relating joint liability for, such increase.’’. ‘‘(3) SERVICE FEE.— to the amount of dormancy fees, inactivity TITLE IV—GIFT CARDS ‘‘(A) IN GENERAL.—The term ‘service fee’ charges or fees, or service fees that may be SEC. 401. GENERAL-USE PREPAID CARDS, GIFT means a periodic fee, charge, or penalty for assessed and the amount of remaining value CERTIFICATES, AND STORE GIFT holding or use of a gift certificate, store gift of gift certificate, store gift card, or general- CARDS. card, or general-use prepaid card. use prepaid card below which such charges or The Electronic Fund Transfer Act (15 ‘‘(B) EXCLUSION.—With respect to a gen- fees may be assessed. U.S.C. 1693 et seq.) is amended— eral-use prepaid card, the term ‘service fee’ ‘‘(2) CONSULTATION.—In prescribing regula- (1) by redesignating sections 915 through does not include a one-time initial issuance tions under this subsection, the Board shall 921 as sections 916 through 922, respectively; fee. consult with the Federal Trade Commission. and ‘‘(b) PROHIBITION ON IMPOSITION OF FEES OR ‘‘(3) TIMING; EFFECTIVE DATE.—The regula- (2) by inserting after section 914 the fol- CHARGES.— tions required by this subsection shall be lowing: ‘‘(1) IN GENERAL.—Except as provided under issued in final form not later than 9 months ‘‘SEC. 915. GENERAL-USE PREPAID CARDS, GIFT paragraphs (2) through (4), it shall be unlaw- after the date of enactment of the Credit CERTIFICATES, AND STORE GIFT ful for any person to impose a dormancy fee, CARD Act of 2009.’’. CARDS. an inactivity charge or fee, or a service fee SEC. 402. RELATION TO STATE LAWS. ‘‘(a) DEFINITIONS.—In this section, the fol- with respect to a gift certificate, store gift Section 920 of the Electronic Fund Trans- lowing definitions shall apply: card, or general-use prepaid card. fer Act (as redesignated by this title) is ‘‘(1) DORMANCY FEE; INACTIVITY CHARGE OR ‘‘(2) EXCEPTIONS.—A dormancy fee, inac- amended by inserting ‘‘dormancy fees, inac- FEE.—The terms ‘dormancy fee’ and ‘inac- tivity charge or fee, or service fee may be tivity charges or fees, service fees, or expira- tivity charge or fee’ mean a fee, charge, or charged with respect to a gift certificate, tion dates of gift certificates, store gift penalty for non-use or inactivity of a gift store gift card, or general-use prepaid card, cards, or general-use prepaid cards,’’ after certificate, store gift card, or general-use if— ‘‘electronic fund transfers,’’. prepaid card. ‘‘(A) there has been no activity with re- SEC. 403. EFFECTIVE DATE. ‘‘(2) GENERAL USE PREPAID CARD, GIFT CER- spect to the certificate or card in the 12- This title and the amendments made by TIFICATE, AND STORE GIFT CARD.— month period ending on the date on which this title shall become effective 15 months ‘‘(A) GENERAL-USE PREPAID CARD.—The the charge or fee is imposed; after the date of enactment of this Act. term ‘general-use prepaid card’ means a card ‘‘(B) the disclosure requirements of para- or other payment code or device issued by graph (3) have been met; TITLE V—MISCELLANEOUS PROVISIONS any person that is— ‘‘(C) not more than one fee may be charged SEC. 501. STUDY AND REPORT ON INTERCHANGE ‘‘(i) redeemable at multiple, unaffiliated in any given month; and FEES. merchants or service providers, or auto- ‘‘(D) any additional requirements that the (a) STUDY REQUIRED.—The Comptroller mated teller machines; Board may establish through rulemaking General of the United States (in this section ‘‘(ii) issued in a requested amount, whether under subsection (d) have been met. referred to as the ‘‘Comptroller’’) shall con- or not that amount may, at the option of the ‘‘(3) DISCLOSURE REQUIREMENTS.—The dis- duct a study on use of credit by consumers, issuer, be increased in value or reloaded if closure requirements of this paragraph are interchange fees, and their effects on con- requested by the holder; met if— sumers and merchants. ‘‘(iii) purchased or loaded on a prepaid ‘‘(A) the gift certificate, store gift card, or (b) SUBJECTS FOR REVIEW.—In conducting basis; and general-use prepaid card clearly and con- the study required by this section, the Comp- ‘‘(iv) honored, upon presentation, by mer- spicuously states— troller shall review— chants for goods or services, or at automated ‘‘(i) that a dormancy fee, inactivity charge (1) the extent to which interchange fees are teller machines. or fee, or service fee may be charged; required to be disclosed to consumers and ‘‘(B) GIFT CERTIFICATE.—The term ‘gift cer- ‘‘(ii) the amount of such fee or charge; merchants, whether merchants are restricted tificate’ means an electronic promise that ‘‘(iii) how often such fee or charge may be from disclosing interchange or merchant dis- is— assessed; and count fees, and how such fees are overseen by ‘‘(i) redeemable at a single merchant or an ‘‘(iv) that such fee or charge may be as- the Federal banking agencies or other regu- affiliated group of merchants that share the sessed for inactivity; and lators; same name, mark, or logo; ‘‘(B) the issuer of such certificate or card (2) the ways in which the interchange sys- ‘‘(ii) issued in a specified amount that may informs the purchaser of such charge or fee tem affects the ability of merchants of vary- not be increased or reloaded; before such certificate or card is purchased, ing size to negotiate pricing with card asso- ‘‘(iii) purchased on a prepaid basis in ex- regardless of whether the certificate or card ciations and banks; change for payment; and is purchased in person, over the Internet, or (3) the costs and factors incorporated into ‘‘(iv) honored upon presentation by such by telephone. interchange fees, such as advertising, bonus single merchant or affiliated group of mer- ‘‘(4) EXCLUSION.—The prohibition under miles, and rewards, how such costs and fac- chants for goods or services. paragraph (1) shall not apply to any gift cer- tors vary among cards; ‘‘(C) STORE GIFT CARD.—The term ‘store tificate— (4) the consequences of the undisclosed na- gift card’ means an electronic promise, plas- ‘‘(A) that is distributed pursuant to an ture of interchange fees on merchants and tic card, or other payment code or device award, loyalty, or promotional program, as consumers with regard to prices charged for that is— defined by the Board; and goods and services; ‘‘(i) redeemable at a single merchant or an ‘‘(B) with respect to which, there is no (5) how merchant discount fees compare to affiliated group of merchants that share the money or other value exchanged. the credit losses and other costs that mer- same name, mark, or logo; ‘‘(c) PROHIBITION ON SALE OF GIFT CARDS chants incur to operate their own credit net- ‘‘(ii) issued in a specified amount, whether WITH EXPIRATION DATES.— works or store cards; or not that amount may be increased in ‘‘(1) IN GENERAL.—Except as provided under (6) the extent to which the rules of pay- value or reloaded at the request of the hold- paragraph (2), it shall be unlawful for any ment card networks and their policies re- er; person to sell or issue a gift certificate, store garding interchange fees are accessible to ‘‘(iii) purchased on a prepaid basis in ex- gift card, or general-use prepaid card that is merchants; change for payment; and subject to an expiration date. (7) other jurisdictions where the central ‘‘(iv) honored upon presentation by such ‘‘(2) EXCEPTIONS.—A gift certificate, store bank has regulated interchange fees and the single merchant or affiliated group of mer- gift card, or general-use prepaid card may impact on retail prices to consumers in such chants for goods or services. contain an expiration date if— jurisdictions; ‘‘(D) EXCLUSIONS.—The terms ‘general-use ‘‘(A) the expiration date is not earlier than (8) whether and to what extent merchants prepaid card’, ‘gift certificate’, and ‘store 5 years after the date on which the gift cer- are permitted to discount for cash; and

VerDate Mar 15 2010 08:45 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR09\S11MY9.001 S11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12108 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 11, 2009 (9) the extent to which interchange fees Truth in Lending Act (15 U.S.C. 1602(f))), re- mation of the Senate and the public allow smaller financial institutions and sulting in a consumer debt that has an appli- that a hearing has been scheduled be- credit unions to offer payment cards and cable annual percentage rate (as determined fore the Senate Committee on Energy compete against larger financial institu- in accordance with section 107(a) of the and Natural Resources. The hearing tions. Truth in Lending Act (15 U.S.C. 1606(a)), and (c) REPORT REQUIRED.—Not later than 180 including costs and fees incurred in connec- will be held on Thursday, May 14, 2009, days after the date of enactment of this Act, tion with the extension of such credit) that at 2:30 p.m., in room SD–366 of the the Comptroller shall submit a report to the exceeds, at any time while the credit is out- Dirksen Senate office building. Committee on Banking, Housing, and Urban standing, the lesser of— The purpose of the hearing is to re- Affairs of the Senate and the Committee on ‘‘(A) the sum of 15 percent and the yield on ceive testimony on S. 1013, the Depart- Financial Services of the House of Rep- United States Treasury securities having a ment of Energy Carbon Capture and resentatives containing a detailed summary 30-year period of maturity; or of the findings and conclusions of the study ‘‘(B) 36 percent.’’. Sequestration Program Amendments required by this section, together with such (b) DISALLOWANCE OF CLAIMS.—Section 502 Act of 2009. recommendations for legislative or adminis- of title 11, United States Code, is amended by Because of the limited time available trative actions as may be appropriate. adding at the end the following: for the hearing, witnesses may testify SEC. 502. BOARD REVIEW OF CONSUMER CREDIT ‘‘(l) Notwithstanding subsections (a) and by invitation only. However, those PLANS AND REGULATIONS. (b) of this section, the court shall disallow wishing to submit written testimony (a) REQUIRED REVIEW.—Not later than 2 any claim arising from a high cost consumer years after the effective date of this Act and credit transaction for the purpose of dis- for the hearing record may do so by every 2 years thereafter, except as provided tribution under this title.’’. sending it to the Committee on Energy in subsection (c)(2), the Board shall conduct (c) EXCLUSION.—Section 707(b) of title 11, and Natural Resources, United States a review of the consumer credit card market, United States Code, is amended by adding at Senate, Washington, DC 20510–6150, or including— the end the following: by e-mail to Rose- (1) the terms of credit card agreements and ‘‘(8) Paragraph (2) shall not apply in the [email protected] the practices of credit card issuers; case of a debtor who has any debts arising (2) the effectiveness of disclosures of from a high cost consumer credit trans- For further information, please con- terms, fees, and other expenses of credit card action.’’. tact Allyson Anderson at (202) 224-7143 plans; or Rosemarie Calabro at (202) 224–5039. (3) the adequacy of protections against un- SA 1060. Mr. WHITEHOUSE (for him- COMMITTEE ON RULES AND ADMINISTRATION fair or deceptive acts or practices relating to self and Mr. SANDERS) submitted an credit card plans; amendment intended to be proposed by Mr. SCHUMER. Mr. President, I wish (4) the cost and availability of credit, par- him to the bill H.R. 627, to amend the to announce that the Committee on ticularly with respect to non-prime bor- Rules and Administration will meet on rowers; Truth in Lending Act to establish fair and transparent practices relating to Wednesday, May 13, 2009, at 10 a.m., to (5) the safety and soundness of credit card hear testimony on ‘‘Problems for Mili- issuers; the extension of credit under an open (6) the use of risk-based pricing; and end consumer credit plan, and for other tary and Overseas Voters: Why Many (7) credit card product innovation. purposes; which was ordered to lie on Soldiers and Their Families Can’t (b) SOLICITATION OF PUBLIC COMMENT.—In the table; as follows: Vote.’’ conducting the review required by subsection For further information regarding (a), the Board shall solicit comment from At the end of title I, add the following: SEC. 112. LIMITS ON ANNUAL PERCENTAGE this meeting, please contact Lynden consumers, credit card issuers, and other in- Armstrong at the Rules and Adminis- terested parties, such as through hearings or RATES. written comments. Chapter 2 of the Truth In Lending Act (15 tration Committee on 202–224–6352. (c) REGULATIONS.—Following the review re- U.S.C. 1631 et seq.) is amended by adding at quired by subsection (a), the Board shall pub- the end the following: f lish notice in the Federal Register that— ‘‘SEC. 141. LIMITS ON ANNUAL PERCENTAGE (1) summarizes the review, the comments RATES. received from the public solicitation, and ‘‘Notwithstanding any other provision of AUTHORITY FOR COMMITTEES TO other evidence gathered by the Board, such law, the annual percentage rate applicable to MEET as through consumer testing or other re- any consumer credit transaction (other than SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- search, and a residential mortgage transaction), includ- AGEMENT, GOVERNMENT INFORMATION, FED- (2) proposes new or revised regulations or ing any fees associated with such a trans- ERAL SERVICES, AND INTERNATIONAL SECU- interpretations to update or revise disclo- action, may not exceed the maximum rate RITY sures and protections for consumer credit permitted by the laws of the State in which cards, as appropriate; or the consumer resides.’’. Mr. DODD. Mr. President, I ask unan- (3) states the reasons for any determina- f imous consent that the Committee on tion of the Board that new or revised regula- Homeland Security and Governmental tions are not proposed under paragraph (2). NOTICES OF HEARINGS Affairs’ Subcommittee on Federal Fi- nancial Management, Government In- SA 1059. Mr. WHITEHOUSE (for him- COMMITTEE ON ENERGY AND NATURAL RESOURCES formation, Federal Services, and Inter- self and Mr. SANDERS) submitted an amendment intended to be proposed by Mr. BINGAMAN. Mr. President, I national Security be authorized to him to the bill H.R. 627, to amend the would like to announce for the infor- meet during the session of the Senate Truth in Lending Act to establish fair mation of the Senate and the public on Monday, May 11th, 2009 at 1 p.m. to and transparent practices relating to that a business meeting has been conduct a hearing entitled, ‘‘Making the extension of credit under an open scheduled before Committee on Energy the Census Count in Urban America.’’ end consumer credit plan, and for other and Natural Resources. The business The PRESIDING OFFICER. Without purposes; which was ordered to lie on meeting will be held on Wednesday, objection, it is so ordered. the table; as follows: May 13, 2009, at 10 a.m., in room SD–366 At the end of title I, add the following: of the Dirksen Senate Office Building. f SEC. 112. EFFECTS OF HIGH COST CREDIT ON The purpose of the business meeting BANKRUPTCY PROCEEDINGS. is to consider pending nominations and PRIVILEGES OF THE FLOOR (a) DEFINITIONS.—Section 101 of title 11, pending energy legislation. United States Code, is amended— For further information, please con- Mr. DODD. I ask unanimous consent (1) by redesignating paragraph (27B) as tact Sam Fowler at (202) 224–7571 or that members of my staff, Deborah paragraph (27C); and Amanda Kelly at (202) 224–6836. Katz and Joe Valenti, be granted the (2) by inserting after paragraph (27A) the COMMITTEE ON ENERGY AND NATURAL privileges of the floor for the duration following: of the consideration of this bill. ‘‘(27B) The term ‘high cost consumer credit RESOURCES transaction’ means an extension of credit by Mr. BINGAMAN. Mr. President, I The PRESIDING OFFICER. Without a ‘creditor’ (as defined in section 103 of the would like to announce for the infor- objection, it is so ordered.

VerDate Mar 15 2010 08:45 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR09\S11MY9.001 S11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 11, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 12109 EXECUTIVE SESSION support of our Nation’s law enforce- (1) equipment of the highest quality and ment officers by passing a resolution to modernity; honor their service and sacrifice. I am (2) increased availability and use of bullet- NOMINATION OF DAVID J. HAYES pleased the Senate will take this ac- resistant vests; TO BE DEPUTY SECRETARY OF tion at the start of National Police (3) improved training; and THE INTERIOR (4) advanced emergency medical care; Week and I thank all Senators for their Whereas there are recorded 18,274 Federal, Mr. REID. Madam President, I now strong support. I thank Senator SES- State, and local law enforcement officers move that the Senate go to executive SIONS, as ranking member of the Judi- who lost their lives in the line of duty while session to consider Calendar No. 31, the ciary Committee, for joining me in the protecting their fellow citizens, and whose nomination of David J. Hayes to be introduction of this resolution. names are engraved upon the National Law Deputy Secretary of the Interior. This week we will reflect on the ex- Enforcement Officers Memorial in Wash- The PRESIDING OFFICER. The traordinary service and sacrifice given ington, District of Columbia; year after year by the men and women Whereas in 1962, President John F. Ken- question is on agreeing to the motion. nedy designated May 15th as National Peace The motion was agreed to. of our police forces. We do not thank them enough. And as thousands of law Officers Memorial Day; The clerk will report the nomination. Whereas on May 15, 2009, more than 20,000 The legislative clerk read the nomi- enforcement officers arrive in Wash- peace officers are expected to gather in nation of David J. Hayes, of Virginia, ington this week to pay tribute to Washington, District of Columbia, to join to be Deputy Secretary of the Interior. those whose lives were lost in the line with the families of their recently fallen of duty, I hope they all know that the comrades to honor those comrades and all CLOTURE MOTION Senate stands with them and honors others who went before them: Now, there- Mr. REID. Madam President, I now their service and their sacrifice. We fore, be it send a cloture motion to the desk. welcome these men and women and Resolved, That the Senate— The PRESIDING OFFICER. The clo- their families and friends to the Na- (1) recognizes May 15, 2009, as ‘‘National ture motion having been presented tion’s Capital. Peace Officers Memorial Day’’, in honor of under rule XXII, the Chair directs the This week, the Judiciary Committee the Federal, State, and local law enforce- clerk to read the motion. will hold a hearing to get the perspec- ment officers that have been killed or in- The legislative clerk read as follows: jured in the line of duty; and tive from the field as to how funds pro- (2) calls on the people of the United States CLOTURE MOTION vided through the American Recovery to observe that day with appropriate cere- We, the undersigned Senators, in accord- and Reinvestment Act have been as- mony, solemnity, appreciation, and respect. ance with the provisions of rule XXII of the sisting with law enforcement efforts at f Standing Rules of the Senate, hereby move the State and local level. I look for- to bring to a close debate on the nomination ward to hearing from the Department APPOINTMENT of David J. Hayes, of Virginia, to be Deputy of Justice and law enforcement offi- Secretary of the Interior. The PRESIDING OFFICER. The Harry Reid, Mark Begich, Jeff Merkley, cials on Congress and the administra- Chair, on behalf of the Vice President, Max Baucus, Patty Murray, Jon tion’s efforts to assist law enforcement pursuant to 22 U.S.C. 276d–276g, as Tester, Jack Reed, Jeanne Shaheen, across the country. Along with our re- amended, appoints the following Sen- Barbara A. Mikulski, Debbie Stabenow, spect, America’s law enforcement offi- ator as a member of the Senate Delega- Tom Harkin, Robert Menendez, Byron cers deserve Congress’s strong support. tion to the Canada-U.S. Inter- L. Dorgan, Mark Pryor, Bernard Sand- Once again, I am proud that the Sen- ers, Sherrod Brown, Barbara Boxer. parliamentary Group conference during ate will unanimously approve this reso- the First Session of the 111th Congress: Mr. REID. Madam President, I ask lution and formally recognize National the Honorable CHARLES E. GRASSLEY of Police Week and National Peace Offi- unanimous consent that the manda- Iowa. tory quorum be waived. cers Memorial Day. The PRESIDING OFFICER. Without Mr. REID. Madam President, I ask f objection, it is so ordered. unanimous consent that the resolution ORDERS FOR TUESDAY, MAY 12, f be agreed to, the preamble be agreed 2009 to, the motions to reconsider be laid LEGISLATIVE SESSION upon the table, with no intervening ac- Mr. REID. Madam President, I ask Mr. REID. Madam President, I ask tion or debate, and that any state- unanimous consent that when the Sen- unanimous consent that the Senate re- ments relating to the resolution be ate completes its business today, it ad- turn to legislative session. printed in the RECORD. journ until 10 a.m. tomorrow morning, The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Tuesday, May 12; that following the objection, it is so ordered. objection, it is so ordered. prayer and the Pledge of Allegiance, The resolution (S. Res. 140) was the Journal of proceedings be approved f agreed to. to date, the morning hour be deemed COMMEMORATING AND ACKNOWL- The preamble was agreed to. expired, the time for the two leaders be EDGING DEDICATION AND SAC- The resolution, with its preamble, reserved for their use later in the day, RIFICE OF LAW ENFORCEMENT reads as follows: and there be a period of morning busi- OFFICERS S. RES. 140 ness for up to 1 hour, with Senators Mr. REID. Madam President, I ask Whereas the well-being of all citizens of permitted to speak for up to 10 minutes unanimous consent that the Senate the United States is preserved and enhanced each and the time equally divided and proceed to S. Res. 140. as a direct result of the vigilance and dedica- controlled between the two leaders or tion of law enforcement personnel; The PRESIDING OFFICER. The their designees, with the Republicans Whereas more than 900,000 men and controlling the first half and the ma- clerk will report the resolution by women, at great risk to their personal safe- title. ty, presently serve their fellow citizens as jority controlling the second half. Fur- The assistant legislative clerk read guardians of the peace; ther, I ask that following morning as follows: Whereas peace officers are on the front business, the Senate resume consider- A resolution (S. Res. 140) commemorating lines in protecting the schools and school- ation of H.R. 627, the Credit Card- and acknowledging the dedication and sac- children of the United States; holders’ Bill of Rights legislation. I rifice made by the men and women who have Whereas 133 peace officers across the further ask that the Senate recess from lost their lives while serving as law enforce- United States were killed in the line of duty 12:30 until 2:15 p.m. to allow for the ment officers. during 2008; weekly caucus luncheons. Whereas Congress should strongly support There being no objection, the Senate initiatives to reduce violent crime and to in- Madam President, before that is ap- proceeded to consider the resolution. crease the factors that contribute to the proved, I hope that Senators who wish Mr. LEAHY. Madam President, today safety of law enforcement officers, includ- to make opening statements or state- the Senate will act unanimously in ing— ments regarding this legislation would

VerDate Mar 15 2010 08:45 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR09\S11MY9.001 S11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12110 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 11, 2009 do so. I also hope that people who wish get this done as quickly as we can. We IN THE AIR FORCE to offer amendments would offer have important things to do before the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT amendments. We are going to move Memorial Day recess. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE this bill as quickly as possible. This is f AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION a bill that has wide support. The two 601: ADJOURNMENT UNTIL 10 A.M. managers will be Senators DODD and To be general SHELBY. They have worked long and TOMORROW hard to come up with their amendment Mr. REID. Madam President, if there GEN. WILLIAM M. FRASER III THE FOLLOWING NAMED OFFICER FOR APPOINTMENT that is now pending. We have the ex- is no further business to come before IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ample set by the House of Representa- the Senate, I ask unanimous consent CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE tives, where 377 Members voted for this AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION that the Senate stand adjourned under 601: totally bipartisan bill, and it is some- the previous order. thing that is badly needed. There being no objection, the Senate, To be lieutenant general It is interesting, Madam President. at 5:12 p.m., adjourned until Tuesday, LT. GEN. WILLIAM L. SHELTON Senator DODD, the manager of this bill, May 12, 2009, at 10 a.m. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT was talking to the pages today. These IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- f CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE young boys and girls, who are juniors AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION in high school, have received numerous NOMINATIONS 601: preapproved credit cards. So I think Executive nominations received by To be lieutenant general this legislation is necessary. I think the Senate: LT. GEN. DANIEL J. DARNELL this has gotten way out of hand, just as DEPARTMENT OF TRANSPORTATION subprime lending for houses got out of J. RANDOLPH BABBITT, OF VIRGINIA, TO BE ADMINIS- IN THE NAVY hand. We are not trying to punish any TRATOR OF THE FEDERAL AVIATION ADMINISTRATION THE FOLLOWING NAMED OFFICER FOR APPOINTMENT FOR THE TERM OF FIVE YEARS, VICE MARION C. IN THE UNITED STATES NAVY TO THE GRADE INDICATED of the people who offer credit cards. BLAKEY, TERM EXPIRED. This is something that has become a WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DEPARTMENT OF LABOR RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: way of life. But there has to be some LORELEI BOYLAN, OF NEW YORK, TO BE ADMINIS- To be vice admiral control over the way they are handled. TRATOR OF THE WAGE AND HOUR DIVISION, DEPART- So I have a unanimous consent re- MENT OF LABOR, VICE PAUL DECAMP. VICE ADM. RICHARD K. GALLAGHER quest pending. CENTRAL INTELLIGENCE AGENCY IN THE MARINE CORPS The PRESIDING OFFICER. Is there STEPHEN WOOLMAN PRESTON, OF THE DISTRICT OF THE FOLLOWING NAMED OFFICER FOR APPOINTMENT objection? COLUMBIA, TO BE GENERAL COUNSEL OF THE CENTRAL TO THE GRADE OF LIEUTENANT GENERAL IN THE There being no objection, it is so or- INTELLIGENCE AGENCY, VICE SCOTT W. MULLER, RE- UNITED STATES MARINE CORPS WHILE ASSIGNED TO A SIGNED. POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER dered. TITLE 10, U.S.C., SECTION 601: Mr. REID. Madam President, in DEPARTMENT OF DEFENSE JAMIE MICHAEL MORIN, OF MICHIGAN, TO BE AN AS- To be lieutenant general short, I would hope people with amend- SISTANT SECRETARY OF THE AIR FORCE, VICE JOHN H. ments to offer would do so. We need to GIBSON, RESIGNED. MAJ. GEN. TERRY G. ROBLING

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PERSONAL EXPLANATION from voting on several amendments to, and an inspiration to so many and his vision, final passage of, H.R. 1728, the Mortgage Re- through the good work at the Hill Health Cen- HON. RON KIND form and Anti-Predatory Lending Act. ter—continues to make a real difference in the OF WISCONSIN Had I been present for those votes on the lives of others. floor of the House of Representatives, I would The Hill Health Center has and continues to IN THE HOUSE OF REPRESENTATIVES have voted the following way: on Rollcall No. be an invaluable resource to our community. Monday, May 11, 2009 238, I would have voted ‘‘aye’’; on Rollcall No. Providing programs ranging from outreach to Mr. KIND. Madam Speaker, I was unable to 239, I would have voted ‘‘nay’’; on Rollcall No. the homeless to Birth-to-Three services for de- have my vote recorded on the House floor on 240, I would have voted ‘‘nay’’; on Rollcall No. velopmentally disabled children and from Thursday, May 7, 2009, due to a family com- 241, I would have voted ‘‘nay’’; and on Rollcall school-based health centers to a child and mitment. Had I been present, I would have No. 242, I would have voted ‘‘aye.’’ family guidance clinic, the Center’s many serv- voted in favor of H.R. 1728, the Mortgage Re- f ices significantly increase the quality of life for form and Anti-Predatory Lending Act (Roll No. countless individuals and families. As the first HONORING THE HILL HEALTH CEN- 242). of its kind in Connecticut and one of the first TER ON THEIR 40TH ANNIVER- f in the country, the Hill Health Center has pro- SARY vided a model for care that has been success- JEWISH AMERICAN HERITAGE fully replicated and built upon across Con- MONTH HON. ROSA L. DeLAURO necticut and the nation. OF CONNECTICUT The Center and its remarkable staff have HON. MICHAEL A. ARCURI IN THE HOUSE OF REPRESENTATIVES made all the difference in our community and OF NEW YORK Monday, May 11, 2009 I have no doubt that they will continue in their IN THE HOUSE OF REPRESENTATIVES good work for many years to come. I could not Ms. DELAURO. Madam Speaker, it is with be more proud to rise today to extend my sin- Monday, May 11, 2009 great pleasure that I rise today to join all of cere congratulations to the Hill Health Center Mr. ARCURI. Madam Speaker, I am proud those gathered in celebration of the 40th Anni- and all of its staff and supporters—both past to rise today in recognition of Jewish American versary of the Hill Health Center—a private, and present—as they celebrate their 40th An- Heritage Month. This month provides an im- non-profit community health center—the first niversary. of its kind in the State of Connecticut—which portant opportunity to reflect on the diverse f ways in which Jewish Americans have contrib- provides some of our most vulnerable citizens uted to the vitality of our nation and the pres- with the medical, dental, and behavioral health HONORING THE DISTINGUISHED ervation of our values. services. This is a very special milestone for PRIESTLY AND SACRAMENTAL The history of the Jewish American commu- this outstanding institution. SERVICE OF REVEREND MON- nity begins in 1654, the year that 23 Jewish Too often, those children, families, and indi- SIGNOR EDWIN JAMES PETER- refugees from Recife, Brazil, fleeing persecu- viduals most in need do not have access to SEN tion by the Portuguese Inquisition, arrived in critical healthcare programs and services. Now the harbor of New Amsterdam, now known as operating in eighteen locations and serving HON. JIM COSTA New York. Although not the first Jews to come eight cities and towns, the Hill Health Center OF CALIFORNIA has become an irreplaceable asset to our ashore in North America, they were the first to IN THE HOUSE OF REPRESENTATIVES attain rights afforded to other settlers, includ- community. Affiliated with both Yale-New Monday, May 11, 2009 ing the right to own property, to erect a house Haven Hospital and the Hospital of Saint of worship and to engage fully in the political Raphael, the Center’s staff includes internists, Mr. COSTA. Madam Speaker, I rise today to process. pediatricians, OB/GYNs, psychiatrists, psy- pay tribute to the distinguished priestly and Free to worship and participate in civic life, chologists, nurse practitioners, physician as- sacramental service of Reverend Monsignor the Jewish community in the United States sistants, nurse midwives, registered nurses, Edwin James Petersen. After 50 years, Rev- has since thrived. Over the past 355 years, LPNs, certified medical technologists, certified erend Monsignor Petersen is retiring as Mon- the achievements of Jewish Americans in phlebotomists, social workers, nutritionists, signor with the Diocese of Fresno, California. areas such as science, law, literature, enter- registered dieticians, dentists and dental hy- Edwin James Petersen was born on No- tainment and public service have enriched our gienists. The Center also operates six school- vember 8, 1933 in Los Angeles, California to country and helped to propel our nation into based health and dental centers. The Hill Edwin Clarence Petersen and Maryellen A. the 21st century. Their deep devotion to faith Health Center provides comprehensive, afford- Underwood. As a young man, Rev. Msgr. Pe- and family has strengthened the fabric of our able care to hundreds of children and fami- tersen attended Randsburg Elementary School nation and set an example for all. lies—helping to ensure that every resident, re- in Randsburg, California. His high school and Madam Speaker, I call on all Americans to gardless of age, income, or insurance cov- college education was obtained at the Pontif- join this month in celebrating the history, cul- erage, has access to quality health care. ical College Josephinum in Worthington, Ohio. ture and contributions of the Jewish American As we gather to celebrate this remarkable Between 1961 and 1963, he attended Fresno community. milestone, we also take a moment to reflect State College in Fresno, California where he f on the history of the Center and pay tribute to obtained his Masters of Art degree. In 1970, a man who was the driving force behind its Edwin James Petersen was invited to study at PERSONAL EXPLANATION success for more than thirty years; my dear the prestigious American College in Louvain, friend and one of New Haven’s most re- Belgium where he received his Masters of Art HON. RUBE´N HINOJOSA spected community leaders, the late Cornell in Theory. OF TEXAS Scott. His tireless efforts literally changed the Rev. Msgr. Petersen has been appointed to IN THE HOUSE OF REPRESENTATIVES face of healthcare in our community and serve many of our Valley churches beginning across the nation. I had the privilege of work- as early as June 1959 at St. Mary’s in Cutler, Monday, May 11, 2009 ing with Scotty over the years and I was in California as an administrator. Shortly there- Mr. HINOJOSA. Madam Speaker, on Thurs- constant awe of his endless energy. Though after, he was appointed as an assistant at the day, May 7, 2009, I was unavoidably detained he is no longer with us, Scotty continues to be Shrine of St. Therese’s in Fresno where he

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

VerDate Mar 15 2010 08:46 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR09\E11MY9.000 E11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12112 EXTENSIONS OF REMARKS, Vol. 155, Pt. 9 May 11, 2009 spent several years working with the parish- pointed in 1984 and reappointed in 1986 by A BLANK CHECK FOR MUBARAK ioners. Over the course of the next decade, Governor James Blanchard to the Michigan Rev. Msgr. Petersen spent time as an admin- Women’s Commission. She was the first HON. FRANK R. WOLF istrator at Our Lady of Sorrows in Parlier, and woman president of the Michigan Conference OF VIRGINIA of Political Scientists 2004 and the Wash- then became a part of the parish families of IN THE HOUSE OF REPRESENTATIVES St. Patrick’s, Our Lady of Mercy, and Sacred ington Center for Civic Education 2003. Dr. Heart, all located in the community of Merced. Graves’ Michigan Internship Program was rec- Monday, May 11, 2009 Between 1974 and 2000 he was a valued and ognized by the Michigan House and Senate, Mr. WOLF. Madam Speaker, I would like to revered Pastor at Our Lady of Mercy, St. An- and she nominated to the Michigan’s Women bring to the attention of my colleagues an edi- thony’s of Padua and the Shrine of St. The- Hall of Fame 2003. torial that appeared in The Washington Post rese. The legacy that Dr. Graves leaves is an last week. The United States should not con- Always an advocate on behalf of those in eternal reminder of the great work one is ca- tinue to give unconditional foreign military fi- need, Rev. Msgr. Petersen was appointed by pable of accomplishing when answering the nancing to the Egyptian government, as long all of the California Bishops to work as a Pub- call of service to the fellow man. Her endless as the regime continues to disregard the fun- lic Policy Advocate with the California Catholic commitment will be remembered, and her leg- damental principles of human dignity. This un- acy lives on. Conference in our great State’s capital of Sac- dermines not only our values as a nation, but ramento. This work allowed him to effectively f our credibility as a global leader on issues provide a strong compassionate voice for the 60TH ANNIVERSARY OF THREE such as human rights and democracy. traditionally underserved on a wide variety of BROTHERS BAKERY [From the Washington Post, May 7, 2009] issues. NO QUESTIONS ASKED Throughout his lifetime of service, Reverend HON. JOHN ABNEY CULBERSON Defense Secretary Robert M. Gates earned Monsignor James Petersen has become a OF TEXAS modest headlines in the United States this highly respected leader who has always dem- IN THE HOUSE OF REPRESENTATIVES week for playing down the possibility of a onstrated sincere commitment to the Diocese ‘‘grand bargain’’ with Iran after a meeting of Fresno. As he prepares to retire and em- Monday, May 11, 2009 with Egyptian President Hosni Mubarak. bark upon new endeavors of interest to him, Mr. CULBERSON. Madam Speaker, I rise to But al-Jazeera, the leading media outlet of we thank him for his unselfish service and honor a Houston institution, Three Brothers the Arab Middle East, focused on an entirely wish him the best of luck for the future. Bakery, on the occasion of its 60th anniver- different piece of news out of Mr. Gates’ Cairo news conference. Asked whether U.S. f sary. On this day in 1949, brothers Sigmund, Sol, and Max Jucker opened Three Brothers aid to Egypt would be linked in the future to TRIBUTE TO DR. HELEN GRAVES democracy or human rights, the Pentagon Bakery on Holman Street in Houston, Texas. chief answered that ‘‘foreign military financ- They started with nothing but their hands to ing’’ for Mr. Mubarak’s autocracy ‘‘should be HON. PATRICK J. KENNEDY mix the dough—a literal interpretation of the without conditions. And that is our sus- OF RHODE ISLAND term ‘‘handmade.’’ Eventually word spread tained position.’’ The Obama administration, which has IN THE HOUSE OF REPRESENTATIVES around Houston about their delicious baked goods, and their hard work and determination rushed to embrace Egypt’s 81-year-old Monday, May 11, 2009 paid off when they moved the bakery to its strongman, would do well to consider why al- Mr. KENNEDY. Madam Speaker, I rise to current location on South Braeswood in May Jazeera—not known for pro-American sym- of 1960. pathies—would choose to trumpet that re- pay tribute to Dr. Helen Graves, an extraor- port. The Obama administration’s policy as- dinary woman who passed away April 21, The story of Sigmund, Sol, and Max Jucker is a tribute to the qualities that make America sumes that the Bush administration’s at- 2009 at the age of 84. She was a noted and tempts to promote democratic reforms in celebrated innovator in the field of experiential great. In 1941, the brothers and their family Egypt produced yet another case of damaged education and a devoted, civic-minded citizen were sent to Nazi concentration camps. The ties and bad public relations to remedy, such of humanity. three brothers and older sister survived the as Guantanamo Bay or the war in Iraq. So Born February 21, 1925 in Pittsburgh, IL, Nazi atrocities and on their liberation day, May Mr. Gates, like Secretary of State Hillary Dr. Graves grew up in Southern Illinois, later 8th, 1945, the three brothers were actually all Rodham Clinton before him, heaped praise on Mr. Mubarak while making clear that the deciding to study social science at Southern Il- together in the same camp due to the inge- nuity of their older sister, Jennie. Later they all new administration will not trouble him linois University. Upon receipt of a bachelors about his systematic and often violent re- degree, she acquired a masters degree from immigrated to America, where their entrepre- neurial spirit took hold and they continued the pression of the country’s liberal politicians, the University of Minnesota and later a Ph.D. family tradition of baking which began around bloggers and human rights activists. from Wayne State University, at age 50. Yet, as al-Jazeera well understands, Mr. 1825. The three brothers were the fourth gen- During her career, Dr. Graves was instru- Mubarak and his fellow Arab autocrats are eration of bakers in the Jucker family. Using mental in the development of young minds, widely despised across the region—and the the family recipes to make rye, pumpernickel, preparing them for future civic duty and United States is blamed for unconditionally challa, strudels and other Eastern European propping them up. In fact, Mr. Bush won awareness. She established the first compara- style baked goods, the brothers were soon re- credit from many Egyptians for pressing for tive political internship program in the Cana- warded with the a large and loyal customer democratic change; he was criticized because dian House of Commons in 1984 and estab- base at Three Brothers Bakery. he failed to follow through. Now, Arabs lished the Washington Internship program, Three Brothers Bakery continued to serve around the region are learning that the which she oversaw for 20 years. At the Uni- the Houston area until it was forced to close Obama administration is returning to the versity of Michigan Dearborn, where she temporarily after Hurricane Ike, the third most old U.S. policy of ignoring human rights abuses by Arab dictators in exchange for served as a professor from 1975–2006, she costly storm in American history. The family— helped found the Women’s Commission, their cooperation on security matters—that Sigmund, Sol’s widow Estelle, and the fifth is, the same policy that produced the Middle which celebrated its thirtieth anniversary in generation of Juckers, Robert and his wife East of Osama bin Laden, Hamas and Sad- 2006. She also earned the university’s 1980 Janice—could have taken the insurance dam Hussein. Distinguished Junior Faculty Award, 1989 money and closed the bakery permanently, The pullback is not only rhetorical. Fund- Sara G. Power Award, and 1993 Outstanding but their deep commitment to the community ing for democracy promotion in Egypt has Service Award. Dr. Graves established a num- and the family’s baking history compelled been slashed from $50 million to $20 million ber of new courses in the curriculum, including them to rebuild and continue using the recipes this year. The State Department has agreed Women’s Politics and the Law and Canadian passed down by their family for nearly 200 to Egyptian demands not to use economic Politics. From 1992–1995, she sat on the aid to fund civil society organizations not years, in addition to all the other pastries and approved by the government. As a result, Screening Committee of the Fulbright Program beautiful, delicious cakes created for Ameri- U.S. funding for pro-democracy and human for Canadian Awards. cans. rights groups will drop by about 70 percent. Dr. Graves was recognized by the Canadian Congratulations to Three Brothers Bakery Meanwhile, Democrats on the House Appro- House of Commons in 1993, elected delegate for the last 60 years, and best wishes for the priations Committee this week inserted $260 to the Democratic Convention 1998, and ap- years to come. million in fresh security assistance for Egypt

VerDate Mar 15 2010 08:46 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0689 Sfmt 0634 E:\BR09\E11MY9.000 E11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 11, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 9 12113 into a supplemental appropriations bill, mies, which has been translated into both Blanchard, Charles E. Brister, Joseph J. along with $50 million for border security. German and Spanish. The book takes readers Brocato, Chester C. Bums, Billy G. Cantrell, No conditions were attached. on a journey into the rich heritage and diverse J. C. Carlin, C. C. Carpenter, Edmond H. What will all this appeasement buy from Chandler, Jr., LaVon E. Chandler, Waylon H. Mr. Mubarak? The Egyptian ruler continues taste profiles of different spirits from around Chandler, Fred L. Cheek, Steve K. Cheek, to pledge to stop arms trafficking to Hamas the globe, tracing the origins of whiskey, rum, Ralph J. Cooper, Luther R. Couch, William in Gaza, and to fail to do so. He keeps a cold brandy, vodka, gin and tequila, among others, R. Cutler, Golan A. Davis, Heuy G. Davis, peace with Israel, withholds an ambassador explaining how they are made, and showing William E. Davis; and from Iraq and, as Mr. Gates tacitly acknowl- the reader how to evaluate, serve and enjoy George W. Davison, Lee Day, Ellison edged, opposes any broad rapprochement be- them. DeMoss, Donald R. Downs, Herschel M. tween the United States and Iran. He is Tragically, while suffering from lung cancer Downs, George Forrest Dunn, Herman H. grooming his son to succeed him, a step that and a broken hip, Perry contracted Legion- Edwards, Ray C. Ellerd, John M. Farrar, could entrench Egypt’s autocracy for dec- Theodor Finkbeiner, Noble E. Flenniken, ades more—or maybe produce an Islamic rev- naire’s Disease at a skilled nursing /subacute James M. Gatner, Clyde E. Gilber, Challie olution. Does all that really merit uncondi- rehabilitation facility where he was Bruce Griggs, August E. Hayden, Raymond tional U.S. support? recuperating. As required by law, the New L. Heck, Clem V. Henderson, Sr., Marvin f York City Department of Health has reported Higginbotham, Eugene L. Hill, Harry J. his illness to the New York State Department Hilman, Fahy E. Hodge, Howard Holder, Jo- IN TRIBUTE TO PERRY LUNTZ of Health, which oversees such facilities. seph F. Hood, John L. Horton, Gordon M. When I first met Perry, he was deeply involved Hughes; and James M. Hunter, William F. Hunter, W.E. HON. CAROLYN B. MALONEY in efforts to improve conditions at a variety of Jacobs, Robert Johnson, Emmett F. Jones, OF NEW YORK facilities in my district, and he always had a Gaston V. Jones, Dudley J. Kemper, Ray- IN THE HOUSE OF REPRESENTATIVES profound sense of empathy for the disadvan- mond Kleeman, William T. Knowles, Douglas Monday, May 11, 2009 taged. It would, therefore, be particularly fitting E. Lane, Vernon Y. Leach, S.E. Lee, Elmer C. for so dedicated an activist if his last illness Lolley, C.W. Loyd, Hilton Lytle, Elzie R. Mrs. MALONEY. Madam Speaker, with were to become the impetus for improved con- Mains, Horace H. Maxwell, Harold L. great sadness and affection, I rise to pay trib- ditions at nursing homes in general.––––– McBeth, William McElroy, Dan B. McKay, ute to a dear friend, Perry Luntz, who passed Born in Brooklyn in 1927, Perry graduated James H. McQuiller, Jesse L. Means, Floyd S. Mercer, Anthony John Miciotto, Roy A. away in April. Perry was an author, journalist from Boys High (now known as Boys and Girls and marketer who served on his community Miciotto; and High) and went on to earn a degree in mar- Ollie Mitchell, Charles B. Moore, Danny R. board, became President of his local political keting from New York University. Perry served Moore, Howard E. Morris, Calvin E. Morri- club and actively participated in numerous po- with the 473rd Air Service Group in Berlin at son, Miles G. Murphy, James M. Newsom, litical campaigns. I was privileged to have the end of World War II and was awarded the George G. Nolan, Charles F. North, Raymond known him, and I will miss him deeply. Army of Occupation Medal and the World War L. Odom, John S. Palmer, John Parker, Billy Perry was a lifelong civic activist. He served II Victory Medal. Perry is survived by his wife B. Parks, George M. Pearce, Felix P. Pinnix, for many years as a member of Community Carol Ann Rinzler, two sons, Ira and Russell, Francis A. Plauche, Eileen Rahm, Wallace T. Rascoe, James 0. Rawls, James L. Revells, Board 6 in Manhattan, and was President of and two grandchildren, Eli and Ari. His son, the Eleanor Roosevelt Democratic Club. Perry John M. Rust, Gerald D. Sanderson, Frank P. Lloyd, predeceased him. Sartori, Paul Sartori, Orvis U. Sigler; and was actively involved in numerous political Madam Speaker, I ask my distinguished col- Joe D. Simpson, Lonell L. Smith, William campaigns, including Freddy Ferrer’s two un- leagues to join me in recognizing the many H. Smith, Leroy Solice, James C. Spencer, successful runs for Mayor of the City of New achievements of Perry Luntz, an informative Jackson W. Stine, James H. Stronger, York and Eugene Nickerson’s campaign for author and journalist, creative ad man, com- Garrard M. Stump, Terry B. Trammell, county executive in Nassau County (Nickerson mitted community activist and exceptional Henry G. Ward, Billy R. Weeks, Thomas R. Wells, Arvis L. Wiley, Otis Wilkerson, Roger served from 1962 to 1970 and was the only human being who cared deeply about his Democrat to win that office until 2001). Perry C. Wilkinson, Kenneth C. Wood, Neil A. Yar- community and sought to improve the world borough. was also a volunteer literacy teacher. During around him. He will be profoundly missed. f the Vietnam War, he participated in several f protests and had the misfortune to be tear- MICHAEL A. MAZELLA, JR. gassed at a rally in Washington, DC. HONORING THE LOUISIANA Public service was Perry’s passion, but his HONORAIR VETERANS HON. MICHAEL E. McMAHON career was as a journalist and marketing spe- OF NEW YORK cialist. In one way or another, Perry was in- HON. JOHN FLEMING IN THE HOUSE OF REPRESENTATIVES volved with the beverage alcohol business for OF LOUISIANA Monday, May 11, 2009 most of his adult life. For more than a decade, IN THE HOUSE OF REPRESENTATIVES he served as Director of Marketing Commu- Mr. MCMAHON. Madam Speaker, I rise nications (a term he coined) for Seagram Dis- Monday, May 11, 2009 today to honor Michael A. Mazella, Jr., a prin- tillers, and subsequently worked on the cre- Mr FLEMING. Madam Speaker, I rise today cipal, teacher, and alumnus of the St. Ann ative side of several advertising agencies, in- to recognize and honor a very special group School in the Dongan Hills community of Stat- cluding a stint as a creative director of a from Northwest Louisiana. en Island, New York who has touched the Young & Rubicam division. For several years On April 11, 2009 a group of 104 veterans lives of thousands of Staten Island children. he headed his own marketing communications and their guardians flew to Washington with a Born and raised in Dongan Hills by his agency. For more than 20 years Perry was very special program. Louisiana HonorAir is mother Lee Mazella and his father, the late publisher and editor of ‘‘Beverage Alcohol providing the opportunity for these Louisiana Michael Mazella, Michael Mazella, Jr. was a Market Report,’’ an international e-letter for veterans to visit Washington, DC on a char- member of the first graduating class of the St. beer, wine, and spirits executives. He was tered flight, free of charge. For many, this will Ann School, the former Augustinian Academy Senior Editor and columnist for the Beverage be the first and only opportunity to visit the on Grymes Hill and St. John’s University. Media groups of trade magazines. memorials created in their honor. These brave Mr. Mazella taught 7th and 8th grade class- Perry believed in moderation, maintaining men and women, from my home state of Lou- es at St. Ann School for over 17 years before that spirits should be appreciated for their gus- isiana, deserve the thanks of a grateful nation becoming its first principal who was not a tatory delights. When he was interviewed for everything they have sacrificed for our member of the clergy. He has served as prin- about Irish whiskey he admonished: ‘‘It’s sup- freedom. cipal for the past 22 years. Besides his work posed to be enjoyed, to be savored. It’s not Today I ask my colleagues to join me in as principal and classroom teacher, Mr. meant to be guzzled.’’ Perry served as Chair honoring these great Americans and thank Mazella has also served as a gym instructor of The Wine Media Guild and was a member them for their unselfish service. for St. Ann’s 6th, 7th and 8th grade students, of the Society of Professional Journalists. At James L. Adams, William P. Atkins, Joe B. the boys’ varsity basketball coach, and a mod- age 80, in November 2007, Perry published Aulds, Fred Winston Baily, Charles Baird, erator of the St. Ann’s Parish Christian Youth his first book, Whiskey and Spirits for Dum- Howard G. Barnett, Ed J. Barras, John E. Organization sports program.

VerDate Mar 15 2010 08:46 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR09\E11MY9.000 E11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12114 EXTENSIONS OF REMARKS, Vol. 155, Pt. 9 May 11, 2009 As principal, Mr. Mazella has worked hard a small group of local businessmen has today COMMENDING SISTER M. THERESE to bolster St. Ann’s academic programs, grown into an organization with twelve ANTONE spearheading efforts to re-establish the branches, serving more than 75,000 people in school’s kindergarten program and institute re- twenty-five communities. The Central Con- HON. PATRICK J. KENNEDY quirements for foreign language, art and music necticut Coast YMCA offers a myriad of pro- OF RHODE ISLAND appreciation, and computer science. He also grams for children, families, as well as IN THE HOUSE OF REPRESENTATIVES played a central role in the effort to secure adults—continuing in their founders’ vision of Monday, May 11, 2009 and maintain the school’s Middle States ac- identifying and addressing unmet needs within creditation. the community. Although the work of the Mr. KENNEDY. Madam Speaker, on behalf Principal Mazella has also supervised two YMCA has changed over the years, from of the constituents of the State of Rhode Is- major renovation projects at the St. Ann teaching English to immigrants at the turn of land and the students of Salve Regina Univer- School. In 1992, the school added a wing to the 20th century to teaching values to modern sity, I would like to acknowledge and com- house a new pre-school, the computer center, day youth, they continue to provide programs mend Sister M. Therese Antone. She is cur- a library, and a faculty room. And in 2005, in and services that enrich the community and rently fulfilling a fifteen-year tenure as the sixth commemoration of the school’s Golden Jubi- enhance the quality of life for all. president of Salve Regina University in New- port, and she will assume a role as the first lee, Principal Mazella oversaw a key mod- The Central Connecticut Coast YMCA has a Chancellor of the University on July 1. ernization effort that provided St. Ann students vision for the community—to advocate for with state of the art lighting, Smart Boards, Under the direction of Sister Therese those whose voices are seldom heard, im- Antone, Salve Regina University has impacted new desks and chairs, and air-conditioning. prove neighborhoods, and build strong kids, Mike Mazella’s achievements as a principal and improved the academic and economic strong families, and strong communities. From vigor of the State of Rhode Island. Sister The- and teacher have been widely recognized far after-school childcare to summer camp and beyond the confines of St. Ann’s Parish. He is rese has brought the issues of higher edu- preschool programs to year-round swim les- cation, business ethics, healthcare and social the recipient of numerous awards including: sons for all ages, the CCC YMCA offers our Outstanding Elementary Teacher of America justice to the forefront as a community leader young people programs designed to help them and statewide representative. Sister Therese in 1975, the Jack Anglin Memorial Trophy, the develop strong foundations on which to build Maurice Wollin Award, Staten Island Teacher has been invaluable to Salve Regina Univer- their future success. The CCC YMCA has cre- sity and the State of Rhode Island. of the Year in 1984, the Distinguished Grad- ated parent-child fitness classes to encourage uate Award in 1991 from the N.C.E.A., and The diligent work of Sister Therese has had families to exercise together, youth sports pro- a profound impact on the lives of thousands. the Medal of Honor from the Catechetical Of- grams with parents interacting as coaches as fice of the Archdiocese of New York. Her continued involvement and leadership at well as cheering from the sidelines, and have Salve Regina University will remain a para- In addition to his lifetime of dedication and most recently begun programs promoting and 40 years of service to St. Ann School, Mike mount asset to the further development of supporting healthy family lifestyles. The Cen- higher education. I hereby recognize Sister M. Mazella has been a positive influence on the tral Connecticut Coast YMCA has created an lives of countless Dongan Hills public school Therese Antone for her service, achievement environment where families have the oppor- and dedication to the dynamic advancement of children, serving as a CCD program coordi- tunity to spend quality time together. nator for over 30 years. academia. The Central Connecticut Coast YMCA is f Outside of his professional life, Michael also a strong partner in providing a continuum Mazella is a devoted family man, married to of care to individuals and families who have SENATE COMMITTEE MEETINGS Pamela Smith of West Brighton for almost 40 become homeless. It is the largest provider of Title IV of Senate Resolution 4, years. He is the father of three children, Mi- supportive housing in Fairfield County and op- agreed to by the Senate on February 4, chael, Julie and Jessica and the beloved erates the only family emergency shelter in 1977, calls for establishment of a sys- grandfather of Ryan, Justin, Erik, Georgia, and the City of Bridgeport. In just this past year tem for a computerized schedule of all Keira. alone, they provided housing to 892 individ- meetings and hearings of Senate com- Michael Mazella will retire from his role as uals, including more than 400 children. And mittees, subcommittees, joint commit- principal of the St. Ann School this June when they are providing so much more than simply tees, and committees of conference. the academic year comes to a close. He will shelter from the elements and a place to lay This title requires all such committees leave behind a legacy of service to St. Ann’s one’s head. Their supportive services include to notify the Office of the Senate Daily and the larger Staten Island community, hav- case management, job training, and continuing Digest—designated by the Rules Com- ing improved the lives of thousands of children education classes. It is through this holistic ap- mittee—of the time, place, and purpose through his work as teacher, coach, principal, proach that so many in need are finding the of the meetings, when scheduled, and mentor, and role model. Madam Speaker, I resources necessary to rebuild their lives, pro- any cancellations or changes in the ask that my colleagues join me in com- vide for their families, and contribute to the meetings as they occur. mending Michael A. Mazella, Jr. and his ex- community. As an additional procedure along traordinary contributions to Staten Island and with the computerization of this infor- the St. Ann School. For one hundred-fifty years, the Central Connecticut Coast YMCA has been there for mation, the Office of the Senate Daily f our children and families. Its great success Digest will prepare this information for HONORING THE CENTRAL CON- would not be possible without the dedication printing in the Extensions of Remarks NECTICUT COAST YMCA ON and commitment of its Board of Directors, section of the CONGRESSIONAL RECORD THEIR 150TH ANNIVERSARY Managers, Trustees, staff and volunteers— on Monday and Wednesday of each past and present—who remain vigilant in their week. HON. ROSA L. DeLAURO mission. Their compassion, generosity, and vi- Meetings scheduled for Tuesday, May sion have guided this organization and I am 12, 2009 may be found in the Daily Di- OF CONNECTICUT proud to have this opportunity to extend my gest of today’s RECORD. IN THE HOUSE OF REPRESENTATIVES deepest thanks and appreciation to them for Monday, May 11, 2009 all of their good work. MEETINGS SCHEDULED Ms. DELAURO. Madam Speaker, I am hon- Today, as the Central Connecticut Coast MAY 13 ored to have this opportunity to rise and ex- YMCA celebrates its 150th Anniversary, I am Time to be announced tend my sincere congratulations to the Central pleased to rise not only congratulate the orga- Health, Education, Labor, and Pensions Connecticut Coast YMCA as they celebrate nization on this remarkable milestone, but Business meeting to consider any pend- ing nominations. their 150th Anniversary—a remarkable mile- thank them for the many invaluable contribu- Room to be announced stone for an outstanding organization. tions they have made which have gone a long 9 a.m. The Central Connecticut Coast YMCA has way in shaping the very character of our com- Foreign Relations become an institution in the Greater New munity. Congratulations and best wishes for To hold hearings to examine the nomina- Haven community. What began as the effort of many more years of continued success! tions of Philip J. Crowley, of Virginia,

VerDate Mar 15 2010 08:46 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00004 Fmt 0689 Sfmt 0634 E:\BR09\E11MY9.000 E11MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 11, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 9 12115 to be Assistant Secretary for Public report on Recovery Act implementa- resources for the conservation pro- Affairs, and Judith A. McHale, of tion and alternative sources of financ- grams of countries within the range of Maryland, to be Under Secretary for ing. rare felid and rare canid populations Public Diplomacy, both of the Depart- SR–428A and projects of persons with dem- ment of State. 2:30 p.m. onstrated expertise in the conservation SD–419 Foreign Relations of rare felid and rare canid populations, 9:45 a.m. African Affairs Subcommittee H.R. 813, to designate the Federal Appropriations International Operations and Organiza- building and United States courthouse Labor, Health and Human Services, Edu- tions, Human Rights, Democracy and located at 306 East Main Street in Eliz- Global Women’s Issues Subcommittee cation, and Related Agencies Sub- abeth City, North Carolina, as the ‘‘J. To hold joint hearings to examine con- committee Herbert W. Small Federal Building and fronting rape and other forms of vio- To hold hearings to examine proposed United States Courthouse’’, H.R. 837, to budget estimates for fiscal year 2010 for lence against women in conflict zones. designate the Federal building located the Department of Labor. SD–419 at 799 United Nations Plaza in New SD–138 Banking, Housing, and Urban Affairs York, New York, as the ‘‘Ronald H. 10 a.m. To hold hearings to examine the nomina- Brown United States Mission to the Commerce, Science, and Transportation tion of Peter M. Rogoff, of Virginia, to Competitiveness, Innovation, and Export be Federal Transit Administrator, Fed- United Nations Building’’; and Army Promotion Subcommittee eral Transit Administration, Depart- Corps of Engineers Study Resolution: To hold hearings to examine tourism in ment of Transportation. Miles City and Vicinity, Montana. troubled times. SD–538 SD–406 SR–253 Homeland Security and Governmental Af- Health, Education, Labor, and Pensions Banking, Housing, and Urban Affairs fairs To hold hearings to examine delivery re- Economic Policy Subcommittee To hold hearings to examine the nomina- form, focusing on the roles of primary To hold hearings to examine manufac- tions of Florence Y. Pan, of the Dis- and specialty care in innovative new turing and the credit crisis. trict of Columbia, and Marisa J. delivery models. SD–538 Demeo, of the District of Columbia, SD–430 Energy and Natural Resources both to be an Associate Judge of the 10:30 a.m. Business meeting to consider pending Superior Court of the District of Co- Appropriations calendar business. lumbia, and David Heyman, of the Dis- Defense Subcommittee SD–366 trict of Columbia, to be Assistant Sec- To hold hearings to examine the pro- Homeland Security and Governmental Af- retary of Homeland Security. posed budget request for fiscal year fairs SD–342 2010 for national intelligence program To hold hearings to examine the D.C. Op- and military intelligence program. MAY 14 portunity Scholarship Program, focus- SVC–217 ing on preserving school choice for all. Time to be announced 2 p.m. SD–342 Indian Affairs Appropriations Judiciary Business meeting to consider pending Business meeting to markup proposed Administrative Oversight and the Courts calendar business. budget request for fiscal year 2009 sup- Subcommittee SD–628 plemental for Iraq, Afghanistan, Paki- To hold hearings to examine torture and 9:30 a.m. stan, and the pandemic flu. the Office of Legal Counsel in the Bush Armed Services SD–106 Administration. To hold hearings to examine proposed de- Foreign Relations SD–226 fense authorization request for fiscal Rules and Administration year 2010 for the Future Years Defense To hold hearings to examine the Middle To hold hearings to examine problems Program. East, focusing on the road to peace. for military and overseas voters, focus- SD–106 SD–419 ing on why many soldiers and their 9:45 a.m. 2:30 p.m. families cannot vote. Foreign Relations Energy and Natural Resources SR–301 To hold hearings to examine the nomina- To hold hearings to examine S. 1013, the 10:30 a.m. tions of Jeffrey D. Feltman, of Ohio, to Department of Energy Carbon Capture Foreign Relations be Assistant Secretary for Near East- and Sequestration Program Amend- To hold hearings to examine the nomina- ern Affairs, and Robert Orris Blake, ments Act of 2009. tion of Daniel Benjamin, of the District Jr., of Maryland, to be Assistant Sec- SD–366 of Columbia, to be Coordinator for retary for South Asian Affairs, both of Intelligence Counterterrorism, with the rank and the Department of State. To hold closed hearings to examine cer- status of Ambassador at Large. SD–419 tain intelligence matters. SD–419 10 a.m. S–407, Capitol Appropriations Environment and Public Works Interior, Environment, and Related Agen- Business meeting to consider S. 1005, to MAY 15 cies Subcommittee amend the Federal Water Pollution 9:30 p.m. To hold hearings to examine proposed Control Act and the Safe Drinking Homeland Security and Governmental Af- budget request for fiscal year 2010 for Water Act to improve water and waste- fairs the Environmental Protection Agency. water infrastructure in the United To hold hearings to examine the nomina- SD–124 States, S. 849, to require the Adminis- tion of Robert M. Groves, of Michigan, 2 p.m. trator of the Environmental Protection to be Director of the Census, Depart- Appropriations Agency to conduct a study on black ment of Commerce. Homeland Security Subcommittee carbon emissions, H.R. 80, to amend the SD–342 To hold hearings to examine proposed Lacey Act Amendments of 1981 to treat budget request for fiscal year 2010 for nonhuman primates as prohibited wild- MAY 19 the Department of Homeland Security. life species under that Act, to make SD–192 corrections in the provisions relating 9:30 a.m. 2:15 p.m. to captive wildlife offenses under that Armed Services Commerce, Science, and Transportation Act, H.R. 388, to assist in the conserva- To hold hearings to examine the Depart- Aviation Operations, Safety, and Security tion of cranes by supporting and pro- ment of the Army proposed defense au- Subcommittee viding, through projects of persons and thorization request for fiscal year 2010 To hold hearings to examine reauthoriza- organizations with expertise in crane and the Future Years Defense Pro- tion of the Federal Aviation Adminis- conservation, financial resources for gram. tration (FAA), focusing on perspectives the conservation programs of countries SH–216 of aviation stakeholders. the activities of which directly or indi- 10 a.m. SR–253 rectly affect cranes and the ecosystems Health, Education, Labor, and Pensions Small Business and Entrepreneurship of cranes, S. 529, to assist in the con- Business meeting to consider S. 982, to To hold hearings to examine small busi- servation of rare fields and rare canids protect the public health by providing ness financing, focusing on a progress by supporting and providing financial the Food and Drug Administration

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