Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 111 CONGRESS, FIRST SESSION

Home , Dewey Smith, Frank Buckles

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

Vol. 155 WASHINGTON, THURSDAY, MAY 7, 2009 No. 70 House of Representatives The House met at 10 a.m. and was THE JOURNAL tist Seminary Extension Program, and called to order by the Speaker pro tem- The SPEAKER pro tempore. The now is director of missions at Burt pore (Mrs. TAUSCHER). Chair has examined the Journal of the Swamp Baptist. last day’s proceedings and announces Madam Speaker, truly the Nation f to the House her approval thereof. today has had the opportunity to hear Pursuant to clause 1, rule I, the Jour- eloquent words and the keen insight of DESIGNATION OF THE SPEAKER nal stands approved. not only one of Robeson County’s most PRO TEMPORE respected citizens, but also a gen- f The SPEAKER pro tempore laid be- tleman who has led the State Baptist fore the House the following commu- PLEDGE OF ALLEGIANCE convention. Through his words, he has nication from the Speaker: The SPEAKER pro tempore. Will the left his mark here in the U.S. House, WASHINGTON, DC, gentleman from California (Mr. BACA) just as he has left his mark on North May 7, 2009. come forward and lead the House in the Carolina and our beloved home and I hereby appoint the Honorable ELLEN O. Pledge of Allegiance. county. TAUSCHER to act as Speaker pro tempore on Mr. BACA led the Pledge of Alle- We are thrilled today also to have his this day. giance as follows: family join us. We are thrilled today to NANCY PELOSI, have him lead us on this National Day Speaker of the House of Representatives. I pledge allegiance to the Flag of the United States of America, and to the Repub- of Prayer. lic for which it stands, one nation under God, I hope also that all Members of Con- f indivisible, with liberty and justice for all. gress will join us for the National Day PRAYER f of Prayer events that are occurring as we speak in the Cannon Caucus Room WELCOMING REV. MICHAEL Rev. Michael Cummings, Burnt today until noon. Swamp Association, Pembroke, North CUMMINGS f Carolina, offered the following prayer: The SPEAKER pro tempore. Without Blessed God and Father, eternal in objection, the gentleman from North ANNOUNCEMENT BY THE SPEAKER majesty and glory, we are humbled to Carolina is recognized for 1 minute. PRO TEMPORE come before You in this moment of There was no objection. The SPEAKER pro tempore. The prayer. It is You that has made Amer- Mr. MCINTYRE. Madam Speaker, I Chair will entertain up to five further ica a great Nation, established it in a have the high honor today of intro- requests for 1-minute speeches on each glorious heritage of faith and freedom ducing the gentleman that just spoke side of the aisle. and compassion. We are privileged by as our guest chaplain, the Reverend Dr. f Your presence among us. Michael Cummings of Pembroke, North Restore us to love and loyalty to You Carolina. And what an honor it is to MAKING IMMIGRATION REFORM A first. Give us the unambiguous view of have him open Congress on this Na- PRIORITY Your desire that we might embrace it. tional Day of Prayer. (Mr. BACA asked and was given per- And may it please You to grant our Born and reared in rural Robeson mission to address the House for 1 esteemed leaders, these in whom Amer- County, which is also my home county, minute.) ica believes, throughout this Chamber, Dr. Cummings has spent a lifetime Mr. BACA. Madam Speaker, this may they have wisdom and moral in- sharing the positive and powerful word Sunday, many of us will be celebrating sight for complex decisionmaking in of God with many. And through his Mother’s Day with our mothers, wives, these uncertain days. May mutual re- ministry, Mike Cummings has made a daughters and all the wonderful women spect abound among them. Bless them difference in changing hearts and in our lives. with agreement and solidarity in their building a better community. As we celebrate Mother’s Day, let us quest for the well-being of all people. He is a graduate of Campbell Univer- not forget that there are thousands of Lead us all to do what is right in Your sity, Southeastern Theological Semi- children who will not be celebrating eyes. nary, and a recipient of an Honorary this day with their mothers. We must And may we together with these our Doctor of Divinity degree from Camp- fix our broken immigration system leaders, honor You throughout this day bell. He has served multiple churches that does not work, that fails our fami- and days without end. In the name of in southeastern North Carolina and is lies, that leaves our children to fend Christ, amen. an instructor also at the Southern Bap- for themselves.

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.

H5311

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5312 CONGRESSIONAL RECORD — HOUSE May 7, 2009 Every day there are thousands of working families. It will stop bad month, the Federal Aviation Adminis- heartbreaking stories of how families subprime loans from being made in the tration provided $1 million to Philadel- are torn apart due to the broken sys- first place by making sure that con- phia’s Northeast Airport. And along tem. We must pass comprehensive im- sumers get mortgages that they can with Senator CASEY and Mayor Mi- migration reform that doesn’t tear repay. It will strengthen consumer pro- chael Nutter, I announced $13.5 million children from their parents and re- tection against reckless and abusive in funding to be used to better enable spects all families. We must remember lending practices. the Philadelphia Police Department to that immigration reform is not just I would like to thank Congressmen fight crime in the city. about statistics and numbers, it is FRANK and KANJORSKI and also Con- Most recently, a newspaper in my about families. gresswoman WATERS for their hard district, The Northeast Times, ac- I urge my colleagues, the House lead- work and perseverance on this issue. knowledged that the Recovery and Re- ership and President Obama to make f investment Act made ‘‘a significant ad- immigration a priority and to work dition’’ by giving homeowners a $1,500 AMERICAN CONSERVATION AND with the CHC towards comprehensive tax credit for making energy efficient CLEAN ENERGY INDEPENDENCE immigration reform. home improvements. As a member of ACT I wish all mothers a happy Mother’s the Committee on Ways and Means, I Day this Sunday. (Mr. TIM MURPHY of Pennsylvania worked to include this tax benefit. f asked and was given permission to ad- It is good to know that enabling dress the House for 1 minute.) homeowners in my district to save en- ETHANOL AND THE EPA Mr. TIM MURPHY of Pennsylvania. ergy and save money is happening (Mr. PITTS asked and was given per- Madam Speaker, our Nation needs an today. These stories from my district mission to address the House for 1 energy renaissance. We must develop a show that the Democratic Recovery minute and to revise and extend his re- wide range of energy sources with a and Reinvestment Act is working. It is marks.) shared goal of reducing emissions and just the beginning of initiatives that Mr. PITTS. Madam Speaker, in 1994, leaving our planet cleaner. We must we are taking with President Obama’s the EPA enacted a regulation requiring have clean coal, efficient renewable en- leadership to put people back to work additives derived from renewable ergy, clean nuclear energy, and respon- and invest in America’s future. sources for our Nation’s fuel supplies. sible use of fossil fuels. f This policy caused problems as corn It is time for an energy renaissance ethanol pushed up food prices and that uses American resources to create FRANK BUCKLES AND THE turned out to be far less beneficial for American jobs and stop spending hun- DOUGHBOYS the environment than originally dreds of billions of dollars each year to (Mr. POE of Texas asked and was thought, with some studies even con- OPEC. We know that building this given permission to address the House cluding ethanol may be worse for the bridge to America’s clean energy fu- for 1 minute.) environment than gasoline. ture will require the largest commit- Mr. POE of Texas. Madam Speaker, Now, over a decade later, the EPA ment this Nation has ever seen. It is as we approach Memorial Day, we re- has ruled that Congress tasked it with expensive, it is necessary, and it is member our military who served our regulating greenhouse gases when it time. Nation. And here is one of those. This passed the Clean Air Act. Without ac- Over the past few months, I worked is Frank Buckles, Jr. This was recently tion by Congress, regulations are soon with my colleague, Representative taken. to follow. This fact is being held over ABERCROMBIE, and other Democrats Frank Buckles just turned 108 years our heads by some who claim it is bet- and Republicans, with no members of old. The reason I mention Frank Buck- ter to let Congress regulate emissions leadership or special interests involved les is because he lied to get into the than unelected bureaucrats. This is a with us, but wrote a plan for American Army in World War I at 15. He served false choice. The act was never in- energy independence focusing on explo- in Europe. In World War II, he spent 3 tended to regulate carbon, and we can ration, conservation and innovation to years in a prisoner-of-war camp in pass legislation to make that clear. build this bridge to America’s clean en- Japan. And, today, here he is, 108. Congress should stop unelected, un- ergy future. We introduced H.R. 2227, I mention him because he is the last accountable bureaucrats from hurting the American Conservation and Clean doughboy of World War I. Of the 4.4 our economy further through draco- Energy Independence Act, which uses million that served, Frank Buckles is nian emissions regulations without American resources to cut our depend- it. doing harm itself. There is a better ence on foreign oil, clean up our air, We have monuments on our Mall for way. land and water, dramatically improve World War II, Korea and Vietnam. But, f energy efficiency and conservation, Madam Speaker, we have no monument create millions of new jobs, fuel our for those that served in World War I. SUPPORT THE MORTGAGE RE- economy, and do all this without rais- America never got around to it. FORM AND ANTI-PREDATORY ing taxes. I urge my colleagues to sign It is time America gets around to LENDING ACT on as cosponsors of this bill. building a memorial for Frank Buckles (Mr. WILSON of Ohio asked and was f and the 4.4 million that served, and the given permission to address the House 116,000 that never came home from for 1 minute.) GOOD NEWS REGARDING THE World War I. Mr. WILSON of Ohio. Madam Speak- AMERICAN RECOVERY AND REIN- And that’s just the way it is. VESTMENT ACT er, I rise today in support of H.R. 1728, f the Mortgage Reform and Anti-Preda- (Ms. SCHWARTZ asked and was tory Lending Act. given permission to address the House RECOGNIZING THE GADSDEN HIGH My State of Ohio is one of the hard- for 1 minute and to revise and extend SCHOOL JUNIOR ROTC est hit States by foreclosures, so I her remarks.) (Mr. TEAGUE asked and was given know how important it is for us to pass Ms. SCHWARTZ. I rise today to permission to address the House for 1 this bill. Ohio is projected to lose 87,000 share good news from my district minute.) homes to foreclosure just this year. about the American Recovery and Re- Mr. TEAGUE. Madam Speaker, I rise That means that more than 291,000 investment Act. The recovery act that today for the purpose of honoring the homes over the next 4 years will be Congress passed just 2 months ago is Gadsden High School Junior Reserve lost. Ohio’s economy will be affected by creating jobs and making smart invest- Officer Training Corps. over $10.7 billion. ments. On April 18, 2009, the Gadsden JROTC H.R. 1728 will help Ohio and America On Monday of this week, I stood with competed against 32 other teams from begin to heal. This legislation has been Fox Chase Cancer Center officials in across the great State of New Mexico a long time coming. The bill will pro- my district to announce a grant that at Pedro Vista High School in Farm- vide much-needed relief to hard- will fund critical cancer research. Last ington, New Mexico. The competition

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5313 consisted of the corps participating in Best Blues Performer of the Year, amendment in the nature of a substitute air rifle, physical fitness and drill Bobby Rush is nominated, not our shall be in order except those printed in the tests. Due to their discipline and com- Bobby Rush but the Bobby Rush of report of the Committee on Rules accom- mitment and dedication to their pro- blues fame also from Chicago. panying this resolution. Each such amendment may be offered only in the order print- gram, the Gadsden cadets bested their Memphis is proud to have a great ed in the report, may be offered only by a competition from across New Mexico musical heritage and we will celebrate Member designated in the report, shall be for the second year in a row. it and enjoy it tonight. I encourage ev- considered as read, shall be debatable for the I am proud and honored today to erybody to enjoy the blues. In this time specified in the report equally divided stand on the floor of the United States economy, they are more relevant than and controlled by the proponent and an op- House of Representatives and say ever, unfortunately, Madam Speaker. ponent, shall not be subject to amendment, and shall not be subject to a demand for divi- something that those students cer- f tainly deserve to hear: you are again sion of the question in the House or in the ISRAEL THREATENED BY IRAN Committee of the Whole. All points of order the pride of your State, and congratu- against such amendments are waived except lations on a job well done. (Mr. HERGER asked and was given those arising under clause 9 or 10 of rule XXI. f permission to address the House for 1 At the conclusion of consideration of the bill minute and to revise and extend his re- for amendment the Committee shall rise and SEEKING THE BLESSING AND marks.) report the bill to the House with such PROTECTION OF ALMIGHTY GOD Mr. HERGER. Madam Speaker, as amendments as may have been adopted. Any (Mr. PENCE asked and was given per- Congress commemorates the 61st anni- Member may demand a separate vote in the House on any amendment adopted in the mission to address the House for 1 versary of the independence of Israel, I Committee of the Whole to the bill or to the minute and to revise and extend his re- rise to express my deep concern that committee amendment in the nature of a marks.) the future of this nation is gravely substitute. The previous question shall be Mr. PENCE. Madam Speaker, the Fa- threatened by Iran’s pursuit of nuclear considered as ordered on the bill and amend- ther of our Country, George Wash- weapons. ments thereto to final passage without inter- ington, said on the occasion of the 9th Iran’s radical regime only desires the vening motion except one motion to recom- of July 1776: ‘‘The blessing and protec- demise of Israel and longs for regional mit with or without instructions. tion of Heaven are at all times nec- dominance. It is now on the cusp of ac- The SPEAKER pro tempore. The gen- essary, but especially so in times of quiring the weapons needed to poten- tleman from California is recognized public distress and danger.’’ tially achieve both. for 1 hour. Today is the 58th celebration of our Nations that value liberty and peace Mr. CARDOZA. Madam Speaker, for National Day of Prayer. It is the day must stand strongly against Iran’s dan- the purpose of debate only, I yield the that Americans from coast to coast gerous behavior. The United States customary 30 minutes to the gen- will set aside time to pray for this Na- must confront this looming crisis with tleman from Texas (Mr. SESSIONS). All tion, our soldiers, public safety offi- resolve and strength. time yielded during consideration of cials and public servants, from the I have cosponsored the Iran Sanc- the rule is for debate only. President of the United States to the tions Enabling Act, which would sig- GENERAL LEAVE city council. nificantly undermine Iran’s lucrative Mr. CARDOZA. Madam Speaker, I Since first called to prayer in 1775 energy sector. Congress should pass ask unanimous consent that all Mem- when the Continental Congress asked this legislation and show our steadfast bers have 5 legislative days within the Colonies to pray for wisdom form- support for Israel. which to revise and extend their remarks on House Resolution 406. ing the Nation, prayer has been at the f center of our national life, including The SPEAKER pro tempore. Is there President Lincoln’s famous proclama- PROVIDING FOR FURTHER CONSID- objection to the request of the gen- tion for humility, fasting and prayer in ERATION OF H.R. 1728, MORT- tleman from California? 1863, through when in 1952 President GAGE REFORM AND ANTI-PRED- There was no objection. Truman signed a joint resolution of ATORY LENDING ACT Mr. CARDOZA. Madam Speaker, I yield myself such time as I may con- Congress creating this day. Mr. CARDOZA. Madam Speaker, by It is said in the Old Book that the ef- sume. direction of the Committee on Rules, I House Resolution 406 provides for fective and fervent prayer of a right- call up House Resolution 406 and ask eous man availeth much. What is true consideration of H.R. 1728, the Mort- for its immediate consideration. gage Reform and Anti-Predatory Lend- of man, I would say, is also true of na- The Clerk read the resolution, as fol- tions. ing Act, under a structured rule. The lows: rule makes in order 14 amendments, During this National Day of Prayer, H. RES. 406 during these challenging times, let it which are listed in the Rules Com- Resolved, That at any time after the adop- mittee report accompanying the reso- be said again, we are a Nation of pray- tion of this resolution the Speaker may, pur- er. lution. Five Republican amendments, suant to clause 2(b) of rule XVIII, declare the eight Democratic amendments, and one f House resolved into the Committee of the Whole House on the state of the Union for bipartisan amendment have been made b 1015 further consideration of the bill (H.R. 1728) in order. Each amendment is debatable for 10 minutes, except the manager’s The 30TH ANNUAL BLUES MUSIC to amend the Truth in Lending Act to reform consumer mortgage practices and pro- amendment, which is debatable for 30 AWARDS vide accountability for such practices, to minutes. The rule also provides for one (Mr. COHEN asked and was given per- provide certain minimum standards for con- motion to recommit with or without mission to address the House for 1 sumer mortgage loans, and for other pur- instructions. minute.) poses. No general debate shall be in order Finally, I would like to take a mo- Mr. COHEN. Madam Speaker, my pursuant to this resolution. The bill shall be ment to make a clarification regarding considered for amendment under the five- hometown of Memphis is known for minute rule. It shall be in order to consider the description of one of the amend- music, the home of rock and roll and as an original bill for the purpose of amendments that has been made in order the birthplace of the blues. Tonight the ment under the five-minute rule the amend- under the rule, specifically amendment Blues Foundation will celebrate the ment in the nature of a substitute rec- No. 2 by Chairman FRANK. The Rules 30th awarding of the Blues Foundation ommended by the Committee on Financial Committee report inadvertently listed International Awards for the greatest Services now printed in the bill. The com- a description from an earlier version of blues performers. B.B. King will be mittee amendment in the nature of a sub- this amendment. The amendment was there, and he’ll give the first B.B. King stitute shall be considered as read. All points later modified, but the change to the of order against the committee amendment International Entertainer of the Year in the nature of a substitute are waived ex- description was not updated. I want to Award. Other performers include cept those arising under clause 10 of rule emphasize that the actual amendment Bonnie Raitt, Maria Muldaur, Taj XXI. Notwithstanding clause 11 of rule text which was made in order is cor- Mahal and others. In the category for XVIII, no amendment to the committee rect.

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5314 CONGRESSIONAL RECORD — HOUSE May 7, 2009 Madam Speaker, I ask unanimous are shutting their doors at alarming ment agency that keeps tabs on de- consent to submit for the RECORD the rates. Our longest-serving community faults and foreclosure rates. correct description for the Frank bank was swept up in the foreclosure As the foreclosure crisis has taught amendment listed as No. 2 in the Rules crisis and recently closed. On top of us, foreclosure and default rates are Committee report. that, my dairy farmers are in crises critical statistics not only for moni- The SPEAKER pro tempore. Is there and we have one of the worst droughts toring the Nation’s economy but also objection to the request of the gen- in the country. for determining which areas of the tleman from California? Madam Speaker, as I have been say- country have been hardest hit in the There was no objection. ing for quite some time, the devasta- downturn. My amendment calls on the Corrected description for the Frank tion that has hit my district is massive Secretary of HUD to create this data- amendment No. 2 listed in the Rules Com- and widespread and is somewhat simi- base so that the Federal Government mittee report: lar to what Katrina left behind, only it and Congress can better detect and as- 2. Frank—would provide that no funds in sess the housing crisis so that we can this bill for legal assistance or housing coun- was not caused on a single day by an seling grants may be distributed to any orga- extreme event but over the course of respond in a timely and targeted man- nization which has been or which employs an weeks, months, and years. ner. individual who has been convicted for a vio- Long after the foreclosure crisis has Again, I thank Chairman FRANK for lation under Federal law relating to an elec- come and gone, the Central Valley will incorporating my amendment, and I tion for Federal office, continue to cope with the aftermath of ask my colleagues on both sides of the Mr. CARDOZA. Madam Speaker, as this economic devastation for many aisle to support the manager’s amend- we all know, our country is at a signifi- years to come. My district and our Na- ment and the underlying billing so we cant crossroads, the likes of which we tion will not overcome this crisis over- can stop predatory lending and estab- have never known. Businesses con- night, and it will take unprecedented lish a federally maintained database on tinues to shed payroll, job losses con- action to help us rebuild and recover. foreclosures and defaults. tinue to mount, and hardworking fami- Congress has taken several impor- Madam Speaker, I reserve the bal- lies across America continue to strug- tant steps and actions not just to com- ance of my time. gle. bat this crisis but to ensure a housing Mr. SESSIONS. Madam Speaker, I Many economists have correctly crisis of this magnitude will never hap- yield myself such time as I may con- stated that the foreclosure crisis is the pen again. The bill before us today is sume. I rise today in opposition to this rule root of our economic meltdown, and I one more step in that direction. and to the underlying legislation. This firmly believe that until the housing Some say the foreclosure crisis can structured rule does not call for the market is stabilized, the economy will be traced back to the rapid increase in open, honest debate that has been continue to worsen and people will con- subprime mortgages and risky under- promised by my Democrat colleagues tinue to spend less, more businesses writing practices, most of which were time and time again; yet here we are will shut their doors, and mass layoffs made with no Federal supervision. again discussing the mortgage reform will further spread. Many of the families targeted by bill for the second day. Until that happens, however, more subprime lenders were, in fact, low-in- It is essential to provide for more and more American families are at risk come families with poor credit his- transparency and accountability in the of losing their homes. In the first quar- tories who felt this was the only oppor- lending process, but there is also a ter of 2009, more than 800,000 mortgage tunity for them to achieve the Amer- laundry list of important issues that loans entered into the foreclosure proc- ican Dream. They were lured into low face this Congress. And all this week ess, with over 340,000 in March alone. ‘‘teaser’’ introductory interest rates we will have but one bill on the floor of Both are record highs, which goes to which morphed into loans which they the House of Representatives to debate. show that the foreclosure crisis is far had little chance of repaying once rates I think that’s unfair to the American from over. increased, starting the uptick in the taxpayer when there is much work to I can personally attest to the damage foreclosure market. be done. the foreclosure crisis has left in its H.R. 1728 is aimed at preventing Today not only will we be discussing wake and the long effects it will have these predatory practices in the future. the flawed underlying legislation, into the future. I have the honor of rep- Among other things, H.R. 1728 requires which is already addressed in Federal resenting California’s 18th Congres- lenders to prove borrowers can actually statute, as we spoke about yesterday sional District, which encompasses the repay their loans in order to ensure being on the floor, that Federal Re- San Joaquin Valley, but today my dis- that vulnerable consumers aren’t pres- serve has already issued the rules and trict is suffering like no other. My dis- sured into loans at terms that they regulations as a result of feedback trict has the highest rates of fore- can’t meet. It eliminates incentives to from industry last year, but what we closure in the Nation and a loss of 70 steer consumers into high-cost loans. are here to do is to try to redo that to percent of home equity over the last 3 It also provides much-needed regula- put the majority’s mark on that legis- years. And with each passing month, it tion of the lending industry. lation, which already takes care of the seems that the numbers are worsening. H.R. 1728 is not a cure for the fore- problem. As a result of the rampant foreclosure crisis, but it is an important But this legislation that we’re going closures in my district, once vibrant component in eliminating the unscru- to handle again today limits choice, re- neighborhoods have become vacant pulous practices that ran amok and duces credit, and increases costs to yards overgrown with weeds, and helped lead the collapse of the housing consumers and taxpayers at a time houses are crumbling from vandalism market. when the effort should be about mak- and disrepair. Swimming pools are I want to thank Chairman FRANK for ing home mortgages more reliable, abandoned at these houses and have be- once again bringing this bill forward least cost conscious, and making sure come havens for mosquitos. Crime and and for his continued commitment to that consumers would be able to have vandalism are on the rise in what were turning the tide on our Nation’s fore- an opportunity to have a chance to previously safe neighborhoods. closure crisis. I want to take this op- have a home. But what we are going to Yet that’s not all. Home values in portunity to thank Chairman FRANK do is, by allowing a patchwork of State surrounding areas are also beginning to for working with me to insert language laws to confuse the system, we are plummet, and what started out as a into the manager’s amendment of this going to now create qualified mort- foreclosure crisis in my district is bill that would create and make pub- gages which require lenders to hold 5 quickly spinning out of control, cre- licly available a national database of percent credit and creates a $140 mil- ating economic disasters. In many foreclosure and default statistics, lion slush fund for trial lawyers. So parts of my district, they now face un- which we don’t currently have. The what we are going to do is limit choice, employment rates of over 20 percent. Federal Government keeps track of reduce credit, and increase costs, and Small businesses and neighborhood res- many economic indicators, including make sure now there is a slush fund for taurants which were once packed with home price declines and unemploy- trial lawyers to sue the same compa- customers are now almost empty and ment, but right now there is no govern- nies that we were trying to encourage

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5315 to lend to the marketplace so people for borrowers and taxpayers is the are allowing trial lawyers to seek com- could have money. lender risk retention provisions requir- pensation from the same banks that received TARP funding. I stand here b 1030 ing lenders to retain at least 5 percent of the credit risk presented by all loans today for the American taxpayer, not Madam Speaker, you will also hear that are not deemed qualified mort- the trial lawyers or special interest about the amendments that our Demo- gage. While I do believe that it is im- groups, like my friends, obviously, on crat majority has made in order and portant to have some ownership in the other side. failed to make in order today, no mat- your investments, these far-reaching Madam Speaker, I offered a second ter how substantive those amendments requirements would make it impossible amendment in the Rules Committee were. for many lenders to operate, especially yesterday, which I would submit for We have heard the number of amend- small and local lenders. the RECORD. ments that were made in order. My With the current economic crisis and AMENDMENT TO H.R. 1728, AS REPORTED good friend knows that there were all the efforts to inject capital into the OFFERED BY MR. SESSIONS OF TEXAS about 20 Democrat amendments that financial services sector, why would we After section 407, insert the following new section: were put into the manager’s amend- want to limit the use of capital and SEC. 408. ACCOUNTABILITY AND TRANSPARENCY ment. So the 8–5 ratio is a little bit de- threaten to further impair banks’ abili- ceptive. It should be 8 plus 20, it’s 28 FOR CERTAIN GRANT RECIPIENTS. ties to lend? Madam Speaker, this is Section 106 of the Housing and Urban De- versus 5 Republican amendments. not a solution for the ailing economy. velopment Act of 1968 (12 U.S.C. 1701x), as I offered two amendments in the In addition, this legislation directs amended by the preceding provisions of this Rules Committee last night, and both HUD to establish a brand-new $140 mil- title, is further amended by adding at the were struck down on party line vote— lion slush fund for legal organizations end the following: ‘‘(i) ACCOUNTABILITY FOR COVERED ORGANI- I guess that’s no surprise. One was to to provide a full range of foreclosure- limit trial lawyers access to taxpayer ZATIONS.— related services. Madam Speaker, my ‘‘(1) TRACKING OF FUNDS.—The Secretary funds, and one was to ensure organiza- friends on the other side of the aisle ac- shall— tions like ACORN or any organization tually take these steps simply to fund ‘‘(A) develop and maintain a system to en- that receives money from the Federal trial lawyers in this legislation. sure that any covered organization (as such Government, are more transparent and If this doesn’t force a flood of litiga- term is defined in paragraph (3)) that re- accountable with any government ceives any grant or other financial assist- tion, I really don’t know what will. ance provided under this section uses such funds they receive. And Margot Saunders of the National At the end of 2007, the Board of Gov- amounts in accordance with this section, the Consumer Law Center, a consumer-ad- regulations issued under this section, and ernors of the Federal Reserve under- vocate organization, said on April 23, any requirements or conditions under which took careful review of the abuses in the 2009, in the Financial Services hearing, such amounts were provided; and mortgage process system, and they ‘‘We have tried to propose repeatedly ‘‘(B) require any covered organization, as a took public comments, held public that you draft a simple bill that cre- condition of receipt of any such grant or as- hearings across the country. And after sistance, to agree to comply with such re- ates market-based incentives for en- quirements regarding assistance under this careful deliberations, they finalized forcement rather than litigation oppor- new comprehensive mortgage rules. section as the Secretary shall establish, tunities,’’ and I might say, which is which shall include— These rules are going to take effect 5 full in this bill. ‘‘(i) appropriate periodic financial and months from now in October. In other words, what we are doing is grant activity reporting, record retention, So not only are we spending all of 1 looking for paying lawyers to come and and audit requirements for the duration of week on one piece of legislation, but do what we should do here in this body the assistance to the covered organization to the necessary regulations already exist with thoughtful, honest, straight- ensure compliance with the limitations and in Federal statutes, and companies all requirements of this section and the regula- forward legislation, which is why I of- tions under this section; and across this country are already aiming fered an amendment in the Rules Com- at implementing those rules and regu- ‘‘(ii) any other requirements that the Sec- mittee last night, that of course was retary determines are necessary to ensure lations being ready for October. defeated on a party-line vote. appropriate administration and compliance. This legislation fails to address the Madam Speaker, I include the ‘‘(2) MISUSE OF FUNDS.—If any covered or- uneven patchwork of state mortgage amendment in the RECORD. ganization that receives any grant or other lending laws and leaves lenders and financial assistance under this section is de- consumers with unfair and confusing AMENDMENT TO H.R. 1728, AS REPORTED termined by the Secretary to have used any OFFERED BY MR. SESSIONS OF TEXAS laws where the costs will ultimately be such amounts in a manner that is materially borne by customers. While this legisla- After section 220 insert the following new in violation of this section, the regulations section: issued under this section, or any require- tion attempts to establish is a new SEC. 221. LIMITATION ON ATTORNEY’S FEES. ments or conditions under which such class of loans called qualified mort- Section 130 of the Truth in Lending Act (as amounts were provided— gages which will enjoy safe harbor and amended by section 211) is further amended ‘‘(A) the Secretary shall require that, with- exemption from further restrictions in by adding at the end the following new sub- in 12 months after the determination of such this bill, this will ultimately limit con- section: misuse, the covered organization shall reim- sumer choice on mortgages and unduly ‘‘(l) CERTAIN ATTORNEY’S FEES.—With re- burse the Secretary for such misused burden the mortgage industry, essen- spect to any action brought under this sec- amounts and return to the Secretary any such amounts that remain unused or uncom- tially excluding numerous safe and af- tion based on a right of action created by amendments made to this title by the Mort- mitted for use. The remedies under this fordable mortgage products that serve clause are in addition to any other remedies and have been good to borrowers as gage Reform and Anti-Predatory Lending Act— that may be available under law; and well. ‘‘(1) the award of attorney’s fees shall be ‘‘(B) such covered organization shall be in- Madam Speaker, the Democrats are limited to a reasonable hourly fee, as deter- eligible, at any time after such determina- here today to say that they are on the mined by the court; and tion, to apply for or receive any further side of the consumer and the borrower, ‘‘(2) a person may not enter into a contin- grant or other financial assistance under even if it limits choices and raises in- gency fee agreement with an attorney to this section. bring such an action.’’. ‘‘(3) ORGANIZATIONS.—For purposes of this terest rates for every single consumer subsection, the term ‘covered organization’ that chooses to use this avenue to buy This amendment would limit attor- means— a home. Mr. Michael Menzies, on behalf neys’ fees for filing a right of action ‘‘(A) the Association of Community Orga- of the Independent Community Bank- created by this legislation to ensure nizations for Reform Now (ACORN); or ers Association, in committee hearings the borrower or victim of predatory ‘‘(B) any entity that is under the control of on April 23, 2009, stated, ‘‘Lots of this lending, not trial lawyers, are fairly such Association, as demonstrated by— legislation simply increases our cost of compensated for their hassle. ‘‘(i)(I) such Association directly owning or controlling, or holding with power to vote, 25 doing business rather than helping us Madam Speaker, a month ago Con- percent or more the voting shares of such do a better job with our customers.’’ gress took great strides to protect tax- other entity; Another regulation that will narrow payers from executives getting bonuses ‘‘(II) such other entity directly owning or choice, lessen credit and increase costs from TARP money. Yet today here we controlling, or holding with power to vote, 25

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5316 CONGRESSIONAL RECORD — HOUSE May 7, 2009 percent of more of the voting shares of such Nevada Attorney General Catherine Cortez volved, but the time sheets indicate Association; or Masto said the Association of Community that ACORN corporate officers were ‘‘(III) a third entity directly owning or Organizations for Reform Now had a hand- aware of the bonus programs and failed controlling, or holding with power to vote, 25 book and policies requiring employees in Las to stop it. Since the beginning of Con- percent or more of the voting shares of such Vegas to sign up 20 new voters per day to Association and such other entity; keep their $8- to $9-per-hour jobs. gress, it has been a congressional pri- ‘‘(ii)(I) such Association controlling, in any Canvassers who turned in 21 new voter reg- ority to provide for the appropriate ac- manner, a majority of the board of directors istrations earned a ‘‘blackjack’’ bonus of $5 countability and transparency in all of such other entity; per shift, Masto added. Those who didn’t aspects of the private markets, but my ‘‘(II) such other entity controlling, in any meet the minimum were fired. friends in the Democrat majority re- manner, a majority of the board of directors ‘‘By structuring employment and com- fused the same accountability for of such Association; or pensation around a quota system, ACORN fa- cilitated voter registration fraud,’’ Masto ACORN. ‘‘(III) a third entity controlling, in any Madam Speaker, I strongly believe manner, a majority of the board of directors said. She accused ACORN executives of hid- of such Association and such other entity; ing behind and blaming employees, and that the American public deserves ‘‘(iii) individuals serving in a similar ca- vowed to hold the national nonprofit cor- more and better from elected officials. pacity as officers, executives, or staff of both poration accountable for training manuals This legislation falls extremely short such Association and such other entity; that she said ‘‘clearly detail, condone and of providing any positive outcomes to ‘‘(iv) such Association and such other enti- . . . require illegal acts.’’ our current economic problems. In ty sharing office space, supplies, resources, Nevada Secretary of State Ross Miller em- fact, I believe that this will only hurt phasized the case involved ‘‘registration or marketing materials, including commu- future borrowers in finding a product nications through the Internet and other fraud, not voter fraud,’’ and insisted that no voters in Nevada were paid for votes and no that fits their needs. forms of public communication; or Americans pride themselves on the ‘‘(v) such Association and such other enti- unqualified voters were allowed to cast bal- ty exhibiting another indicia of control over, lots. availability of free market and choice, control by, or common control with, such Law enforcement agencies in about a dozen and yet, today, Congress will pass leg- other entity or such Association, respec- states investigated fake voter registration islation that limits choice, raises in- tively, as may be set forth in regulation by cards submitted by ACORN during the 2008 terest rates and increases costs for all the Corporation.’’. presidential election campaign, but Nevada Americans, while endorsing special in- is the first to bring charges against the orga- This amendment would have ensured nization, ACORN officials said. terests and rewarding trial lawyers and that ACORN and any organization af- ACORN has said the bogus cards listing irresponsible groups like ACORN. filiated with ACORN would need to such names as ‘‘Mickey Mouse’’ and ‘‘Donald Madam Speaker, I encourage my col- provide more transparency with the Duck’’ represented less than 1 percent of the leagues to vote against this rule. Federal funds they received through 1.3 million collected nationally and were I reserve the balance of my time. this legislation and all housing and completed by lazy workers trying to get out Mr. CARDOZA. Madam Speaker, I urban development grants. The amend- of canvassing neighborhoods. The organiza- would just respond briefly on a couple tion has said it notified election officials ment would have required them to sub- of points and say that the gentleman whenever such bogus registrations were sus- continues to advocate for the policies mit a report on what they spent those pected. taxpayer dollars on and, if they were ACORN spokesman Scott Levenson denied that got us into this crisis. And, in used improperly, they would be forced the Nevada allegations on behalf of ACORN, fact, we need to regulate this industry, to repay funds and would be banned which works to get low-income people to not because all mortgage bankers are from any future grants in the future. vote and lists offices in 41 states and the Dis- evil; they are not. There are some very Yet, my friends on the other side of the trict of Columbia. He blamed former rogue good ones. But the few have caused sig- employees for the alleged wrongdoing. nificant pain to both the economy, to aisle, once again, chose to side with ‘‘Our policy all along has been to pay special interests instead of the Amer- workers at an hourly rate and to not pay em- our Federal Treasury and to individual ican taxpayer, and the amendment ployees based on any bonus or incentive pro- homeowners. failed. gram,’’ he said. ‘‘When it was discovered that Mr. FRANK has designed a 5 percent After a conversation with Chairman an employee was offering bonuses linked to solution that, in fact, I believe keeps FRANK and his statement to the Rules superior performance, that employee was or- the mortgage bankers with having skin Committee Tuesday afternoon, my im- dered to stop immediately.’’ in the game, so that they can’t just sell Levenson said the two former ACORN or- pression was that the chairman sup- off these loans, give bad ones and ab- ganizers named in Monday’s criminal com- solve themselves of responsibility and ported transparency and would be in- plaint—Christopher Howell Edwards and clined to support and include any dis- Amy Adele Busefink—no longer work for let the problem fall on the taxpayers. closure amendments in the manager’s ACORN and would not be represented by the Madam Speaker, I yield 3 minutes to amendment. Unfortunately, since my organization. the gentlewoman from California, my amendment was too specific, it was not Edwards, 33, of Gilroy, Calif., and Busefink, colleague on the Rules Committee, Ms. included, even though it simply asked 26, of Seminole, Fla., could not immediately MATSUI. be reached for comment. Ms. MATSUI. I thank the gentleman for the same transparency with govern- Masto identified Edwards as the ACORN ment funds that Congress has asked from California for yielding me time. Las Vegas office field director in 2008, and Madam Speaker, I rise today in sup- our financial institutions to provide. said timesheets indicate that ACORN cor- Even with the recent news reports of porate officers were aware of the ‘‘black- port of the rule and the underlying leg- two senior employees of ACORN in Ne- jack’’ bonus program and failed to stop it. islation, the Mortgage Reform and vada that were charged in 26 counts of The attorney general said Busefink was Anti-Predatory Lending Act of 2009. voter fraud, my Democratic colleagues ACORN’s deputy regional director. The subprime housing crisis is the The complaint filed in Las Vegas Justice root cause of the current economic re- still voted against my amendments. Court accuses ACORN and Edwards each of Madam Speaker, I have an Associ- cession. It has led to the collapse of our 13 counts of compensation for registration of financial system, increasing unemploy- ated Press article dated May 5, 2009, of voters, and Busefink of 13 counts of principle this week, which I submit for the to the crime of compensation for registra- ment, and a housing and credit crisis. Even more so, it has had a devastating RECORD. tion of voters. Each charge carries the possi- effect on our families, our neighbors [From the Associated Press, May 5, 2009] bility of probation or less than 1 year in jail, Masto said. and our communities. NEVADA CHARGES ACORN ILLEGALLY PAID TO A court hearing was scheduled June 3 in My home district of Sacramento SIGN VOTERS Las Vegas, prosecutor Conrad Hafen said. ranks among the hardest-hit areas in (By Ken Ritter) This article states that ACORN has the country. I have heard countless LAS VEGAS—Nevada authorities filed been investigated by dozens of States stories from my constituents who have criminal charges Monday against the polit- regarding fake voter registration cards. been victims of predatory lending and ical advocacy group ACORN and two former Nevada is the first State to bring were steered into high-cost bad loans. employees, alleging they illegally paid canvassers to sign up new voters during last charges against ACORN for illegally Now, many of these homeowners are year’s presidential campaign. paying canvassers. Nevada’s attorney seeking assistance and modifying their ACORN denied the charges and said it general states that not only was loans to more affordable loan terms. would defend itself in court. ACORN’s field director intimately in- Yet many of these individuals are now

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5317 being tripped by scam artists posing as patchwork of state mortgage lending laws There was no objection. so-called foreclosure consultants. with a truly national standard that protects Ms. MATSUI. Madam Speaker, I As such, I have an amendment that all consumers, regardless of where they live. yield 3 minutes to my colleague on the MBA is also concerned with the bill’s re- has been included in the manager’s quirement that lenders retain at least five Rules Committee, the gentleman from amendment, and I thank the chairman percent of the credit risk presented by non- Colorado (Mr. POLIS). very much for including this. This qualified mortgages. While this provision Mr. POLIS. I rise in support of the amendment directs the GAO to conduct was improved by the Financial Services rule, and ask my colleagues to join me a study of current government efforts Committee, it will still make it highly prob- in voting ‘‘yes’’ on the rule and the un- to combat fraudulent foreclosure res- lematic for many lenders to operate, particu- derlying bill. cue and loan modification scams and to larly smaller non-depositories that lend on I’d like to thank my colleagues, Rep- lines of credit. It will also necessitate that resentative MILLER, Representative educate consumers of these scams. larger lenders markedly increase their cap- I will also soon be introducing legis- ital requirements. Both results will narrow WATT, and Representative FRANK, for lation to direct the FTC to use its au- choices, lessen credit, and force an ineffi- their instrumental role in bringing this thority to initiate a rulemaking proc- cient use of capital at the worst possible package on mortgage lending reforms ess relating to unfair or deceptive prac- time for our economy. to the floor, as well as the committee tices and foreclosure rescue. Madam Finally, MBA believes the bill’s definition staff that worked tirelessly on this bill. Speaker, these harmful activities must of ‘‘qualified mortgage’’ is far too limited In Colorado and across the country, and will result in the unavailability of sound we have seen the house of cards built end. This bill is a step in the right di- credit options to many borrowers and the de- rection. nial of credit to far too many others. We by Wall Street collapse onto Main The bill establishes standards for urge the House to expand the definition and Street. Hungry commodities traders home loans, while holding lenders and to provide a bright line safe harbor so that if needed a constant supply of raw mate- brokers accountable. It also prevents creditors act properly, they will not be dog- rials—namely, new mortgages—to be lenders and brokers from steering fu- ged by lawsuits that increase borrower costs. cut up, bundled together, and shipped ture homeowners to high cost, MBA would like to commend the House for out to keep Wall Street executives subprime loans just to make a quick the priority it has given to reforming our flush in commissions. But these exotic mortgage lending process. It is imperative extra buck. that we continue to work together to sta- loans turned into a very common prob- Madam Speaker, Congress needs to bilize the markets, help keep families in lem for our communities, as risk was be a partner with the communities in their homes and strengthen regulation of our outsourced. which we serve. We must continue to industry to prevent future relapses. ‘‘Volume and profit at all cost’’ be- work together to find a comprehensive Sincerely, came the paradigm, and production, re- strategy that will protect our home- JOHN A. COURSON, gardless of quality, was rewarded hand- owners. President and Chief somely. With the knowledge that some- Mr. SESSIONS. Madam Speaker, we Executive Officer. one else would be responsible, lenders began this debate and discussion yes- DAVID G. KITTLE, CMB, Chairman. abandoned prudent underwriting stand- terday where we were trying to talk ards, knowing they could sell the loan Madam Speaker, what this says is about the impact of this bill and what to someone else before the ink even that not only are they concerned about feedback would come as a result of had a chance to try. this legislation, but they say that this hearings that Chairman FRANK did We frequently hear about home- will result in narrow choices, lessening have, and one of them, one of the out- owners who bought more than they credit and force an inefficient use of comes of that, was a letter dated May could afford, but predatory lenders set capital at the worst possible time for 5, 2009. The letter comes from the their sights on a wide range of prey, in- our economy. Mortgage Bankers Association, one of cluding low-income families, minori- So the feedback that came directly the primary impacting organizations ties, and the elderly. People who had to Members of Congress from people and, certainly, they are there in com- considerable equity in their home were representing those that are in the busi- munities to serve on behalf of the deceived into refinancing with an ness that have come face-to-face with American people for people’s housing ‘‘offer you can’t refuse.’’ consumers every day and who under- needs. As these poisonous loans reset, fami- stand the needs of the marketplace, Madam Speaker, I would submit for lies lost a lifetime of equity to fore- point blank have said narrow choices, the RECORD a letter that was sent to closures. In Adams County, which I which means fewer people will have Speaker PELOSI and Leader BOEHNER have the honor of representing, preda- fewer choices that are available to about their feedback about this legisla- tory lenders preyed on minorities and them, lessen credit, which means that tion. low-income families and turned once- there will be less money that is avail- thriving working class communities MORTGAGE BANKERS ASSOCIATION, able in the marketplace for people to Washington, DC, May 5, 2009. into a sea of foreclosure signs. come and get a loan, and it will force Hon. NANCY PELOSI, Clearly, losing a home is a traumatic an inefficient use of capital at the Speaker of the House, U.S. House of Represent- experience for a family, but foreclosure worst possible time for our economy. atives, Washington, DC. has a broader negative impact on the Hon. JOHN BOEHNER, b 1045 entire community. Foreclosures drive Republican Leader, U.S. House of Representa- tives, Washington, DC. Madam Speaker, I do understand down the value of other properties, re- DEAR SPEAKER PELOSI AND LEADER that in Washington we’re smarter than sulting in declining revenues for local BOEHNER: On behalf of the 2,400 members of everybody else on a regular basis, but governments. Municipalities are forced the Mortgage Bankers Association (MBA), it seems like, to me, that the people to provide fewer services and even take we are writing with regard to H.R. 1728, the who are providing the feedback, who police off the streets or teachers out of Mortgage Reform and Anti-Predatory Lend- really are with consumers and are try- the classroom. ing Act, a bill the House is scheduled to con- ing to provide a product, that we would A mortgage is a private agreement sider later this week. between a borrower and a lender. How- Congress is facing a once-in-a-generation listen to them and attempt to change opportunity to improve the mortgage lend- the bill. That’s not what happened. ever, the potential for disastrous and ing process. If carefully crafted, improved So the mortgage bankers are here systemic impacts on communities regulation is the best path to restoring in- saying, We have got a problem with the when these deals go bad is, unfortu- vestor and consumer confidence in the na- legislation that we’re trying to pass nately, all too clear. Therefore, it is tion’s lending and financial markets and as- today. One would think that Members the obligation of Congress to ensure suring the availability and affordability of of Congress would listen and reject this that these loans are made with the sustainable mortgage credit for years to bill. highest ethical standard. come. At the same time, if regulatory solu- The Mortgage Reform and Anti-Pred- tions are not well conceived, they risk exac- I reserve the balance of my time. erbating the current credit crisis. The SPEAKER pro tempore. Without atory Lending Act will give consumers While we applaud the comprehensive na- objection, the gentlewoman from Cali- the confidence to return to the market- ture of H.R. 1728, we believe this legislation fornia (Ms. MATSUI) will control the place and bring much needed stability misses the opportunity to replace the uneven time. to the lending industry.

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5318 CONGRESSIONAL RECORD — HOUSE May 7, 2009 Madam Speaker, the majority of the tural changes that are already underway in from the 5 percent credit risk retention pro- lending industry has learned that being the mortgage industry that will provide visions of the bill. While this expanded regu- on the side of customers is best for the much greater protections to consumers. It is latory discretion is a step in the right direc- essential to recognize that the further tion, we remain firm in our conviction that bottom line. Lenders who are doing the changes proposed in H.R. 1728 will be cumu- federally regulated and examined insured de- right thing by their customers need lative to the changes already being imple- pository institutions should be exempt from more than recognition; they need tools mented under revisions to Truth in Lending risk retention requirements. Insured deposi- to do more. Act, Real Estate Settlement Procedures Act, tories already have significant risk reten- I would like to thank the committee and Home Mortgage Disclosure Act regulation—and the capital to back that risk. and Chairman FRANK for accepting my tions. Loans sold by insured depositories into the amendment that will allow lenders to We have worked with the Financial Serv- secondary market frequently include re- give additional weight to their cus- ices Committee and are pleased that a num- course agreements, so that if there is an un- ber of concerns were addressed either prior derwriting or other error or omission, the de- tomers’ mortgage payment history to, or during, Committee consideration of pository can be forced to buy the loan back. when refinancing loans. the legislation. Again, because insured depositories have If a family is struggling due to re- While we greatly appreciate the com- strong capital positions, they can and do buy duced income, unexpected health care prehensive, inclusive consultation that has back recourse loans. The same cannot be costs, or the rising cost of education gone into the drafting process so far, and the said of other lenders who lack capital. For for their children, the last thing they desire to avoid unduly restricting credit, we these lenders, greater risk retention is need- need is to add foreclosure to the list of remain concerned that the bill still, in our ed. For insured depositories, it is not. We view, needs serious work. recommend excluding insured depositories their problems. We plan to work with the Congress as the Too often, hardworking American from the risk retention provisions of the bill. legislation moves forward to clarify addi- Uniform national standards: We are grave- families who pay their mortgages are tional areas of concern. To that end, we offer ly concerned with the enforcement provi- turned away because credit blemishes the following comments. sions of the bill, especially in light of an in other areas prevent them from refi- Safe harbor: The legislation creates a cat- amendment adopted in Committee which nancing their hybrid loan. My amend- egory of ‘‘qualified mortgages’’ which are would grant state attorneys general enforcement would give banks the option of given a safe harbor from the expanded liabil- ment authority over the Truth in Lending considering their payment history with ity of the legislation. ‘‘Qualified mortgages’’ Act provisions added by the bill. The current are also exempt from certain other key re- language of the bill will lead to conflicting their bank in establishing the terms strictions in the bill, including the risk re- for resetting a mortgage. enforcement actions between state attorneys tention requirements. While the very narrow general and federal banking regulators. It Lenders know that preventing fore- safe harbor included in the original bill has will cause confusion to consumers and lend- closure is in their best interest. Allow- been expanded beyond just 30 year fixed rate ers alike and will generally undermine the ing lenders to refinance hybrid loans loans, we are concerned that it is still far too regulatory framework for mortgage lending would help families stay in their narrow. An amendment adopted during Com- in the nation. A confusing enforcement homes. mittee consideration of the bill expanded the scheme is likely to harm borrowers and pro- I urge a ‘‘yes’’ vote on the bill and safe harbor to include fixed rate loans of vide the unscrupulous with new opportuni- the rule. terms other than 30 years, as well as some ties. At a minimum, we urge you to adopt Mr. SESSIONS. Madam Speaker, at adjustable rate mortgages. However, the lan- clarifying provisions which would give the guage on adjustable rate mortgages (ARMs) federal banking regulators notice of a state this hearing that was held about this remains too restrictive. To qualify for the bill, a lot of feedback was provided by attorney general’s intention to act, and safe harbor, ARMs would have to be under- allow the federal regulator a reasonable time the marketplace—people who were im- written to the maximum rate possible during to act before the state is allowed to do so. pacted the most; people who every day the first seven years of the loan. Such a framework is needed to bring order are in front of lenders and trying to get Consider the example of a five year ARM and clarity to the process. people in homes. with the initial rate set at 5 percent and We anticipate a number of amendments Part of the feedback was provided with caps on increases in later years set at 2 during floor consideration. As a general rule, from the American Bankers Associa- percent per year. Under the pending bill, this we oppose amendments which would increase loan would have to be underwritten at a rate regulatory burden on banks and their em- tion. I’d like to insert into the RECORD of 9 percent (because in the seventh year of a letter related to that meeting and ployees, and support amendments which rec- the loan the rate could—but by no means is ognize the role that regulated, insured, and this legislation. likely—to go to 9 percent for that year). In examined institutions play in protecting AMERICAN BANKERS ASSOCIATION, this instance, even though the borrower consumers’ interests and in providing prod- Washington, DC May 6, 2009. could not pay more than 5 percent for the ucts and services which benefit our national To: Members of the House of Representa- first five years of the loan, and not more marketplace. tives. than 7 percent in the sixth year, they would We appreciate the working relationship From: Floyd E. Stoner, Executive Vice have to be able to afford the loan at 9 per- that has been established between the Mem- President, Government Relations and cent for all seven years in order to qualify. bers of the Committee and all interested par- Public Policy. This will shut the door to affordability to ties, and we shall continue working with Re: H.R. 1728, the Mortgage Reform and many borrowers. We strongly recommend Members of Congress as this legislation Anti-Predatory Lending Act of 2009. that this provision be altered to reflect a moves through the legislative process. I am writing on behalf of the members of more realistic underwriting standard. This letter goes to all Members of the Similarly, we are concerned that to be in- the American Bankers Association regarding House of Representatives. So each of H.R. 1728, the Mortgage Reform and Anti- cluded in the safe harbor, loan points and Predatory Lending Act of 2009, which the fees must be limited to not more than 2 per- my colleagues openly received a copy House of Representatives is scheduled to cent of the loan amount. The bill should be of this. It is from Floyd Stoner, execu- consider beginning on Wednesday, May 6, clarified to ensure that bona fide discount tive vice president with the American 2009. points paid by a borrower to reduce the in- Bankers Association. H.R. 1728 is far-reaching legislation de- terest rate on a loan are not included in this Here is what their conclusions are signed to prevent a recurrence of the prob- calculation. The relevant threshold in this after seeing the legislation. They are lems in the subprime market that have instance should be the annualized percentage ‘‘concerned that this major legislation harmed many American homebuyers. We ap- rate (APR) as currently defined in regulation can have a negative impact on both in- preciate that this legislation seeks to ad- implemented pursuant to the Truth in Lend- dress the source of most of these problems, ing Act. We also believe that the 2 percent sured depository institutions and cred- the loosely regulated and largely cap should not be statutory, but instead itworthy borrowers seeking to buy unexamined mortgage originators operating should be determined by the federal bank homes—impacts which have the poten- outside of the regulatory structure within regulators to accommodate small dollar tial to impair our economic recovery.’’ which federally insured depository institu- loans which may carry fixed fees taking the So what the American Bankers are tions function. loan beyond a 2 percent cap. The bank regu- saying is that the answer, the antidote, However, we are concerned that this major lators are better suited to determining the the medicine that now-Speaker PELOSI legislation can have a negative impact on appropriate cap on fees paid in association is coming up with will actually have both insured depository institutions and with different loan products. credit-worthy borrowers seeking to buy Risk retention: We are pleased that the bill the potential to impair economic re- homes—impacts which have the potential to was modified during Committee consider- covery. impair economic recovery. In considering ation to provide the bank regulatory agen- So every single Member of Congress any new legislation, it is critical to recog- cies with the authority to exempt loans (be- got this letter. We will find out today nize the significant regulatory and struc- yond those exempted under the safe harbor) what their views are. But the American

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5319 Bankers Association also said, and tory lenders. We can remain silent and The SPEAKER pro tempore. The gen- pretty much ends their letter by say- pretend like the problem doesn’t exist. tleman from California has 14 minutes ing: ‘‘The bill still, in our view, needs This is an important step in the right remaining; the gentleman from Texas serious work.’’ direction, and I am proud to support has 101⁄2 minutes remaining. We should reject this bill. We should the rule and the underlying bill. I ap- Mr. CARDOZA. Thank you, Madam understand that the people who are en- preciate the work of the chairman and Speaker. I would at this time yield 3 gaged in trying to make sure people the sponsor. minutes to the chairman of the Finan- have loans and are worried about our Mr. SESSIONS. I yield myself such cial Services Committee, the gen- economy are saying it not only has the time as I may consume. tleman from Massachusetts (Mr. potential to impair economic recovery, I appreciate the gentleman coming FRANK). but the bill needs serious work. down and talking about how Repub- Mr. FRANK of Massachusetts. Yes, in I reserve the balance of my time. licans are to blame for all this mess, 2003, I said I didn’t see a crisis. What I The SPEAKER pro tempore. Without but I’d like to harken back to Sep- didn’t see was at that time the Bush objection, the gentleman from Cali- tember 25, 2003, at a hearing that was administration was engaging in activ- held back in the Financial Services fornia (Mr. CARDOZA) controls the time ity that helped us get to a crisis. again. Committee. I refer Members again to page 183 of There was no objection. Our current chairman, Barney the bill, the amendment authored by Mr. CARDOZA. I would just reply to Frank, who’s a very thoughtful and the gentleman from Texas (Mr. diligent chairman, thoughtful on the the gentleman from Texas that I an- HENSARLING), which notes that in 2004, ideas of the entire industry, said, ‘‘I ticipate that this bill will get wide bi- the year after I made the statement, don’t think we face a crisis.’’ This is partisan support. So we will in fact see the Bush administration ordered 2003. ‘‘I don’t think we face a crisis. I if it does and see who comes forward Fannie Mae and Freddie Mac substan- don’t think that we have an impending tially to increase the number of mort- and supports this bill further today. disaster. We have a chance to improve Madam Speaker, I yield 3 minutes to gages it bought from low-income peo- regulation of two entities I think that, the gentleman from Ohio (Mr. ple. It went from 42 percent to 56 per- on the whole, are working well.’’ cent—a very significant increase in DRIEHAUS). So perhaps the most thoughtful per- Mr. DRIEHAUS. Thank you to the mortgages of people below median in- son in the country, certainly in this come—and set up a special category for chairman of the committee and the Congress, back on September, 25, 2003, sponsor of the bill for this very impor- low-income mortgages. is saying, ‘‘I don’t think we face a cri- As Mr. HENSARLING’s amendment tant piece of legislation. sis, and I don’t think we have an im- I hear with dismay, Madam Speaker, also shows, from 2001 until 2006 there pending disaster.’’ was an enormous increase in subprime the other side, the Republican minor- Further, he said, ‘‘I don’t see any fi- mortgages. ity, suggest that we are moving too nancial crisis. You can always make quickly on this bill. Now, predatory So, yes, in 2003, I was not aware of things better, but I do think we should what was going on in that context, and lending legislation was introduced in dispel the notion that we are here I certainly didn’t predict what was this House in 2000, and in 2001 and 2002, today because something rotten has going to happen in 2004. When the Bush and a version of this bill was intro- gone on.’’ That was Barney Frank. administration made that decision in duced in 2003. And then they failed to That was Barney Frank at the hear- 2004, according to the amendment from consider it in 2004, in 2005, in 2006—all ings. years when the Republican majority So the gentleman wants to blame Re- the gentleman from Texas (Mr. controlled this body. publicans. And yet, here we had the HENSARLING), I objected to it. I said They decided that it wasn’t nec- lead, very thoughtful and articulate, they were going to put Fannie Mae and essary to address predatory lending Democratic ranking member, arguing Freddie Mac in danger and give people legislation, that everything was just that there was nothing wrong and mortgages they couldn’t pay back. I then decided that we did need to do fine; that the markets would regulate nothing was about to happen. Yet, legislation. So I joined the chairman of themselves; that, for some reason, today, what we have is another answer: the committee, Mr. Oxley, in trying to these individuals that were preying Oh, I’m sorry. We forgot to say, and we regulate Fannie Mae and Freddie Mac upon our poorest citizens, these indi- know that the Fed has already taken more. viduals that were preying upon our care of this problem with rules and reg- In 2005, I voted with him for a bill low-income neighborhoods and our mi- ulations that are already known and that passed the committee to regulate nority communities, that would regu- will be in place in October. Fannie Mae and Freddie Mac. I dis- late itself; that they would stop that Here we have now legislation to re- agreed with the version on the floor be- behavior. address that issue. And the answer that cause it cut affordable rental housing, This chart, Madam Speaker, shows comes back from the marketplace is, not homeownership. the results of that inaction. We could This legislation limits choice, reduces have acted in 2003. We could have acted credit, and increases cost to consumers b 1100 in 2004. We could have prevented the and taxpayers. I would have assumed that if there But the bill passed the House. It then meltdown of the financial industry. We was nothing wrong in 2003, and now we died because, according to Mr. Oxley, could have prevented this recession. corrected it with a series of hearings, the Bush administration opposed it for But the Republicans still suggest that including the Federal Reserve, that we ideological reasons. we are acting too quickly. would want to help the marketplace— So, yes, in 2003 I didn’t see a crisis, The American people understand. not limit its ability, its choices, and because I didn’t see what was hap- They understand that it is the inaction put exposure to taxpayers. That’s why pening in the subprime market; by of the Republican majority in these we’re opposed to this. 2004, I did; and, in 2005, I joined in try- past years that has gotten us to the We’re opposed to it not because we’re ing to restrain that. It is also the case situation we are in today. trying to stop it, but because we’re try- that, in 2003, two of my colleagues, Mr. This is a critically important piece of ing to make it better. We think what MILLER and Mr. WATT of North Caro- legislation that puts us on the right should have been made better has al- lina, began pushing for subprime re- path. We have a choice today as Mem- ready been done by the Fed. This Con- form because they were informed about bers of Congress. We can stand with gress knows it. what was happening. I joined them. So homebuyers, we can stand with the Every single Member of Congress got we did try to legislate. So the answer is communities that have been impacted a letter to their office directly from yes, in 2003 we didn’t see what was hap- by predatory lending, we can stand the American Bankers Association say- pening. with those schools and those small ing serious flaws in this legislation. I commend Members again to page businesses who are feeling the impact I reserve the balance of my time. 183 of the bill. Mr. HENSARLING from every day of vacancies in their neigh- Mr. CARDOZA. I’d like to inquire at Texas had given you the statistics. borhoods, or we can stand with the this time how much time each side has Subprime mortgages were sky- sharks. We can stand with the preda- remaining. rocketing in that period. Fannie Mae

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5320 CONGRESSIONAL RECORD — HOUSE May 7, 2009 was being pushed by the Bush adminis- All of these signals that came to rage of lawsuits. That is how this tration to do something, and we then Members of Congress from people who works. And that outcome will ulti- tried to deal with it. were on the committee, including one mately restrict access to credit for The last point that I find very sur- of the most distinguished members of families all across our country. But prising is that conservatives say here, the committee, said: We don’t have a even more troubling is that the bill as some of them said on credit cards: problem. There is no soundness prob- would take this lack of clarity just one Oh, no, do not have the elected rep- lem. There is no weakness problem. I step further, and it would say that as- resentatives of America decide this; let don’t see a financial crisis. Sure, we signees and securitizers must also com- the Federal Reserve make public pol- can always do things better, but I ply with these same standards when icy. I had thought there was some con- think we should dispel the notion that they purchase or assign loans. cern about undemocratic decisions by we are here today because there is So let’s remember that these are par- the Federal Reserve. something that is rotten that has gone ties that were not at the table when The gentleman from Texas has said on. the loan originated. Think about that. today, as others said last week: Oh, the Well, why are we trying to extend The last thing our economy and our Federal Reserve has done it. There is blame? Why don’t we just talk about housing markets need as they struggle no need for the elected officials to do the problem that we are in today? And to recover is an unknown, widespread it. Well, in fact the Federal Reserve if we are going to do that, my notion shadow of liability cast over them, and hasn’t done anything because they can- would be that what we should do is lis- one that their government puts over not change statute. But even if they ten to the people who are in the bank- them, by the way. had, they could change it in the future. ing business saying this is a problem. The uncertainties that will stem But the notion that we should defer on This bill has serious flaws. from this provision pose serious major policy decisions, not technical Madam Speaker, I yield 5 minutes to threats to liquidity and our already monetary policy issues but major pol- the gentlewoman from Minnesota (Mrs. fragile financial marketplace. We icy decisions about credit cards or BACHMANN). should be looking for ways to help ease about what kind of mortgages we issue Mrs. BACHMANN. I thank the gen- liquidity pressures, not forge greater to the Federal Reserve, and not legis- tleman from Texas for his work and obstacles. And, on principle, how can late is surprising. also for yielding to me this morning. we expect those who had nothing to do The SPEAKER pro tempore. The Madam Speaker, I rise in opposition to with the loan origination to be held re- time of the gentleman has expired. this rule and to the underlying bill. sponsible for it later on? It goes Mr. CARDOZA. I yield the gentleman H.R. 1728 is far-reaching legislation, against the very principles of law that an additional 30 seconds. and it will significantly restrict access our Nation is founded on. And I fear Mr. FRANK of Massachusetts. I ad- to credit for consumers and it will ulti- the chilling effect this would have on mire the people at the American Bank- mately hurt consumers across the Na- the housing market, and this is not a ers Association, and they do some use- tion, the very people that this bill good time to do more harm than good ful things. But I am surprised that seeks to help. to the housing market. Members would think that, on the At a time when the financial markets I would also like to point out that question of mortgage relief and regu- are still fragile and they are working during our committee markup of the lating the mortgage market, the bank- so hard to recover, I want to caution bill I offered an amendment to prevent ers of America are the ones to listen my colleagues on both sides of the aisle organizations that have been indicted to. I am pleased that the Realtors, who who support this bill and hope that for voter fraud or who employ people do not have an economic interest in they will think about the potential, who have been indicted for such crimes what kind of mortgages are there but even if unintended, consequences that from being eligible for housing coun- have a genuine interest in promoting this legislation could provoke. It seling grants and foreclosure legal as- home ownership, are on our side and sounds good and it makes a great sistance grants authorized by the un- strongly support this bill. sound bite, but I am afraid that it will derlying bill. I was very pleased when So I would say to my friends and the deliver a very dramatic blow to con- the gentleman from Massachusetts and American bankers, I understand that sumers all across our very fragile econ- our committee Chair accepted the there are things here that we are tell- omy. amendment right in front of the whole ing you that you can’t keep doing, but The bill imposes harsh penalties on committee and the amendment was I think the answer is that they were lenders for violations of vaguely de- passed unanimously by voice vote. things you shouldn’t have done in the fined and, some would even say, unde- I assumed the easy passage was be- first place. fined lending standards. For instance, cause my amendment used the very Mr. SESSIONS. Madam Speaker, I how does one truly define what a net same language that this body approved appreciate the gentleman. By the way, tangible benefit to the consumer is or last year as part of the Housing and the gentleman and I are friends. We are what a reasonable ability to pay really Economic Recovery Act of 2008. So you speaking about policy here, disagree- means? The bill leaves it up to banking can imagine, I was quite surprised ments. regulators to determine answers to when later in that markup, during the I would say to the speakers that have these questions. But we all know, and day, the committee chairman flipped come on the Democratic side today, it we should be concerned about how they his position and said he wanted to strip sounds like an argument they are hav- might define such vague terms and down the amendment and that he ing within their own party. Everybody what criteria they might choose to would move to amend the language is trying to blame the Republican apply. Every person’s financial cir- himself during House consideration. party and George Bush for what hap- cumstances are different, and they Apparently, the intention might be pened; yet, if the gentleman didn’t like don’t lend themselves to a broad rule- to lower the bar so that organizations 2003, I will go to the end of 2004, Decem- making process. continue to have access to taxpayer ber 16, 2004, if we need to get more cur- During the committee consideration money even after they have been in- rent. And I will quote the gentleman, of this bill, I asked these questions to volved with defrauding the American the chairman of the committee: Sara Braunstein. She is the Director of people and violating the American ‘‘The SEC’s finding that Fannie Mae the Division of Consumer and Commu- trust not just once, not just twice, but used incorrect accounting is serious nity Affairs over at the Federal Re- repeatedly, after almost every election and disturbing. While these improper serve. And I asked her how the Fed and cycle. decisions by Fannie Mae do not threat- others would define these terms, and it So make no mistake about it. The en the financial soundness of the cor- wasn’t surprising, really. She stressed Chair will talk today about the bed- poration, and should have been used by how challenging it would be to define rock legal principle of innocence until anyone in an effort to cut back on them, but promised that the Fed would proven guilty, but that is not what this Fannie Mae’s housing efforts, they do try. is about. The language in the bill today not reveal troubling deficiencies in its It is not hard to see how their trying doesn’t jeopardize that principle at all. corporate governance.’’ would simply open the door to a bar- Decisions on criminal guilt will remain

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5321 in the capable hands of a jury of peers. Street in a church to homeowners in I offered three amendments to this bill. My That is where it should. But it is not that community or in New York speak- first amendment was included in the Chairman only legitimate for Congress to decide ing about this thing called subprime FRANK’S manager’s amendment. the threshold for accessing taxpayer and adjustable rate, a transit worker FIRST AMENDMENT funds, it is incumbent upon us to do so. who had purchased a home and was My first amendment would require a change We have a fiduciary duty to the tax- paying a $3,000 a month mortgage and to the Truth in Lending Act to allow for the dis- payers of this country, and for too long all of a sudden it jumped to $6,000 a closure of the following: Congress has cavalierly distributed month. How many stories like that? And how many times can Members or ‘‘In the case of a residential mortgage loan, taxpayer money. the total amount of interest that the consumer Today, each and every one of us can others point to the actual beneficiary will pay over the life of the loan as a percent- go on record saying we will no longer of the mortgagee as at fault? How age of the principal of the loan. Such amount set the bar so low; that we will require many times can we blame the hard- shall be computed assuming the consumer organizations that want to use tax- working American taxpayer who sim- makes each monthly payment in full and on- payer funds to prove that they are wor- ply tried to get a home? How many time, and does not make any over-payments.’’ thy of the taxpayers’ trust. times can we blame them for papers This last point is related to a concept called There’s a saying: Fool me once, shame on that they signed that were then al- actual cost of credit, where the annual per- you. Fool me twice, shame on me. ACORN tered, ultimately? How many times can centage rate of a loan is disclosed to the pub- and organizations like it have fooled us not we blame the innocent who has paid lic. Currently, the annual percentage rate is re- once, not twice, but over and over again. The over and over again? The cafeteria quired to be disclosed on all mortgages. How- stories of their indictments for voter fraud for worker who had been in an apartment ever, in certain instances disclosure of the an- violating their tax status, for voter registration for 20 years, but the particular finan- nual percentage rate alone is not accurate. improprieties abound. Grand juries across the cial entity that she dealt with said, For example, the mere disclosure of the an- nation have found them and their employees yes, you can get into this home. And nual percentage rates for loans under 12 lacking. Yet, we continue to funnel millions of she had been making payments, but months or those over 12 months it is not an dollars into their coffers. with the economy she fell on hard Just this week, in fact, the headlines out of times. Or the person who was divorced accurate reflection of the total cost of the Nevada were 39 counts of voter registration or catastrophic illness? But because mortgage or the actual cost of credit. Under fraud against ACORN and two of its former their mortgage was fraudulently done, my amendment—the actual cost of credit—the employees. they suffered the consequences. annual percentage rate would be disclosed How many felony charges does it take to So I support this rule and the under- and the total loan cost would be included in see that this organization has violated the lying bill, because it will protect this the disclosure. public trust? Congress is not the arbiter of structure of buying a house. Borrowers My amendment would require an additional guilt or innocence; but Congress does decide can repay the loans they are sold. disclosure informing the consumer of the ac- how to spend the people’s money. At what Mortgage lenders make loans that ben- tual amount of interest paid by the borrower point do we say that this organization is not efit the consumer and prohibit them over the life of the loan. The additional disclo- worthy of the hard-earned bucks of the Amer- from steering borrowers into higher sure required by my amendment is best ex- ican taxpayer? costs. Why isn’t that protecting the plained by an example. The amendment offered by the gentleman taxpayer? All mortgage refinancing Take for example a $200,000 fixed mort- from Massachusetts has been made in order provides a net tangible benefit in the gage. On a $200,000, 30 year fixed mortgage under today’s rule and if passed it will evis- consumer. at 5% annual percentage rate, you would pay The secondary mortgage market, for cerate the taxpayer protections in the under- roughly $600,000 on the house, which is actu- the first time ever, is responsible for lying bill. ally about 300 percent interest. It is important complying with commonsense stand- I look forward to further debating this issue that the real cost of borrowing, the true cost of ards, and so we don’t have this horrible later today and I urge my colleagues to make credit be disclosed to the consumer. My grid that shows us that it has been clear today that they stand with the people, amendment will certainly do this. This lan- going up and up and up. guage is included in the Manager’s amend- not with ACORN. Madam Speaker, I think it is impor- Mr. CARDOZA. Madam Speaker, I ment. I urge my colleagues to vote affirma- tant to acknowledge that we have yield 3 minutes to the gentlewoman tively for this amendment. made this bill better, and I am glad from Texas (Ms. JACKSON-LEE). ADDITIONAL AMENDMENTS OFFERED that my amendment is in the man- (Ms. JACKSON-LEE of Texas asked ager’s amendment that indicates in the I offered the following two amendments but and was given permission to revise and case of a residential mortgage— they were not accepted into the bill. extend her remarks.) The SPEAKER pro tempore. The SECOND AMENDMENT Ms. JACKSON-LEE of Texas. Let me time of the gentlewoman has expired. My second amendment will provide financial thank the gentleman from California Mr. CARDOZA. I yield the gentlelady for his leadership and his personal com- literacy training to persons seeking a mort- an additional 15 seconds. gage and will require a minimum of 4 hours of mitment to these issues. Ms. JACKSON-LEE of Texas. The It is interesting to hear a good friend counseling. Counseling will include the fun- total amount of interest that the con- damentals of basic checking and savings ac- on the other side of the aisle talk sumer will pay over the life of the loan about protecting the taxpayers’ money. counts, budgeting, types of credit and their ap- as a percentage of the principle loan, propriate uses, the different forms of mort- In fact, this week, this Congress, this this will help the consumer know bet- new leadership has done just that. Last gages, repayment options, credit scores and ter about what they are paying. I had ratings, as well as investing. week, we passed the Credit Card Bill of hoped my financial literacy amend- Rights. As a member of the House Ju- ment would get in and also the preda- THIRD AMENDMENT diciary Committee, I was very pleased tory lending, but I support the under- My third amendment would exclude fore- that we passed a judiciary bill dealing lying bill and the amendment. We are closures that resulted from a default on preda- with protecting taxpayers against trying to work to help the taxpayer tory subprime mortgages from being included fraud prospectively, and now we stand and the American consumer. in the calculation of a consumer’s credit score. on the floor today protecting taxpayers Madam Speaker, I rise today in strong sup- Often the credit crisis has been wrongfully and future homeowners and home- port of the rule for H.R. 1728. I would also like blamed on the unscrupulous borrowing prac- owners again with mortgage lending to thank Chairman FRANK of the Financial tices of the consumer. The reality is that mort- reform in 1728. Services Committee for his hard work on this gage lenders were unscrupulous in their deal- I wonder if any of us can recall the issue and for sponsoring this timely and im- ings with consumers. peaking of the crisis dealing with portant piece of legislation. I am also pleased This amendment would prevent those most mortgage foreclosures. Those of us who to have worked with Chairman FRANK and the unscrupulous and predatory lenders from ben- represent our constituents certainly staff of the Financial Services Committee. efitting or causing harm to consumer. There- can. I can pointedly in a hearing about Lastly, I would like to give a special thanks to fore, any foreclosures that result from preda- 3 or 4 years ago in the lower end of my Legislative Director, Arthur D. Sidney, for tory, subprime mortgage lending should not be Manhattan when I listened near Wall his work on this issue. included in the consumer’s credit score.

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 9920 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5322 CONGRESSIONAL RECORD — HOUSE May 7, 2009 MANAGER’S AMENDMENT These crucial efforts to restore account- and will do all within my power to ensure that I support the Manager’s Amendment. Spe- ability in the housing and financial markets are Americans remain in their houses. cifically, it would add additional prohibitions on needed to rebuild our economy in a way that’s A record amount of commercial real estate mortgage originator conduct within the anti- consistent with our values: an economy that loans coming due in Texas and nationwide the steering section of the bill; would provide that rewards hard work and responsibility, not high- next three years are at risk of not being re- regulations proposed or issued pursuant to the flying finance schemes; an economy that’s newed or refinanced, which could have dire requirements of Section 106 shall include built on a stable foundation, not propelled by consequences, industry leaders warn. Texas ‘‘model’’ disclosure forms, and would also pro- overheated housing markets and maxed-out has approximately $27 billion in commercial vide that the relevant financial regulators credit cards. As Members of Congress, we loans coming up for refinancing through 2011, (HUD/Fed) may develop ‘‘standardized’’ dis- want to build an economy that offers a broadly ranking among the top five states, based on closure forms, and may require their use, shared prosperity for the long run. data provided by research firms Foresight when they jointly determine that use of a Texas ranks 17th in foreclosures. Texas Analytics LLC and Trepp LLC. Nationally, standardized form would be of substantial would have fared far worse but for the fact Foresight Analytics estimates that $530 billion benefit to consumers. that homeowners enjoy strong constitutional of commercial debt will mature through 2011. The Manager’s Amendment would require a protections under the state’s home-equity Dallas-Fort Worth has nearly $9 billion in com- study into how shared appreciation mortgages lending law. These consumer protections in- mercial debt maturing in that time frame. could be used to strengthen housing markets clude a 3 percent cap on lender’s fees, 80 Most of Texas’ $27 billion in loans maturing and provide opportunities for affordable home- percent loan-to-value ratio (compared to many through 2011—$18 billion—is held by financial ownership; would allow creditors to consider a other states that allow borrowers to obtain 125 institutions. Texas also has $9 billion in com- consumer’s good standing with them above percent of their home’s value), and mandatory mercial mortgage-backed securities, the third- other credit history considerations in refi- judicial sign-off on any foreclosure proceeding largest amount after California and New York, nancing of hybrid loans. involving a defaulted home-equity loan. according to Trepp. Further, the Manager’s would require lend- Still, in the last month, in Texas alone there For the foregoing reasons, I support the ers who are subject to the Federal Truth in have been 30,720 foreclosures and sadly final passage of this legislation. I urge my col- Lending Act or the Homeowners Equity Pro- 15,839 bankruptcies. Much of this has to do leagues to support the bill and vote it out of tection Act to disclose to borrowers that the with a lack of understanding about finance— the Congress. anti-deficiency protections of the initial resi- especially personal finance. Mr. SESSIONS. Madam Speaker, at dential mortgage loan may be lost when a Last year, Americans’ personal income de- this time I yield 2 minutes to the gen- non-purchase money loan is received. creased $20.7 billion, or 0.2 percent, and dis- tleman from Egan, Illinois (Mr. MAN- The Manager’s Amendment provides great- posable personal income (DPI) decreased ZULLO). er disclosure requirements. Specifically, it $11.8 billion, or 0.1 percent, in November, ac- Mr. MANZULLO. Madam Speaker, I would require creditors to disclose their policy cording to the Bureau of Economic Analysis. rise in opposition to this bill. regarding the acceptance of partial payments Personal consumption expenditures (PCE) de- If you take a look at the different for a residential mortgage loan and it would creased $56.1 billion, or 0.6 percent. In India, lock-in periods, add to that the addi- modify preemption language in section 208(b) household savings are about 23 percent of tional cost for appraisals that are ne- to include any state that has a law at the time their GDP. cessitated by a flawed system in this of enactment. Even though the rate of increase has bill, it is going to cost the industry Another important disclosure in the Man- showed some slowing, uncertainties remain. close to $3 billion, or an extra $700 per ager’s Amendment would require that mort- Foreclosures and bankruptcies are high and loan. That is the hidden cost of this gage disclosures for each billing cycle include could still beat last year’s numbers. bill, and that is why the bill should be contact information for local mortgage coun- Home foreclosures are at an all-time high defeated. seling agencies or programs. and they will increase as the recession con- I had offered in the Rules Committee The bill before us today provides the tinues. In 2006, there were 1.2 million fore- an amendment which, unfortunately, is folowing key benefits. Simply put, to help re- closures in the United States, representing an not allowed to come to the floor. And I build the American economy, the House is increase of 42 percent over the prior year. know that the taxpayers are greatly taking additional steps to bring common sense During 2007 through 2008, mortgage fore- distressed that this body is supposed to reform and consumer protection to the finan- closures were estimated to result in a whop- be for free and open debate, and yet cial markets and mortgage lending. This legis- ping $400 billion worth of defaults and $100 Members cannot freely allow amend- lation to stop the kinds of predatory and irre- billion in losses to investors in mortgage secu- ments to come to the floor. sponsible mortgage loan practices that played rities. This means that one per 62 American There is an agreement that is signed a major role in the current financial and eco- households is currently approaching levels not between the Attorney General of New nomic meltdown and prevent borrowers from seen since the Depression. York and the people who regulate deliberately misstating their income to qualify The current economic crisis and the fore- Fannie Mae and Freddie Mac on some- for a loan. closure blight has affected new home sales thing called the Home Evaluation Code These long overdue reforms, which Demo- and depressed home value generally. New of Conduct. It is supposed to regulate crats have been advocating since 1999, per- home sales have fallen by about 50 percent. the mischief that took place between haps could have prevented the current crisis. One in six homeowners owes more on a the big lenders and the appraisers to A similar measure (H.R. 3915) passed the mortgage than the home is worth, raising the cook the books in order to make the House in 2007 by a vote of 291–127. possibility of default. Home values have fallen loans. To restore the integrity of mortgage lending nationwide from an average of 19 percent The problem is this: The agreement industry, this bipartisan bill will make sure that from their peak in 2006 and this price plunge still allows that collusion or the oppor- the mortgage industry follows basic principles has wiped out trillions of dollars in home eq- tunity for collusion. In fact, the banks of sound lending, responsibility, and consumer uity. The tide of foreclosure might become of this country can own appraisal man- protection, ensuring that: borrowers can repay self-perpetuating. The nation could be facing a agement companies, which are sup- the loans they are sold; mortgage lenders housing depression—something far worse posed to be third-party, independent make loans that benefit the consumer and than a recession. agents to find an independent appraiser prohibit them from steering borrowers into Obviously, there are substantial societal and in order to make sure that the prop- higher cost loans; all mortgage refinancing economic costs of home foreclosures that ad- erty is valued correctly. And I asked provides a net tangible benefit to the con- versely impact American families, their neigh- that that agreement be put on hold for sumer; the secondary mortgage market, for borhoods, communities and municipalities. A a year so that the collusion and the op- the first time ever, is responsible for complying single foreclosure could impose direct costs portunity to stop the collusion could with these common sense standards when on local government agencies totaling more be studied and better safeguards put they buy loans and turn them into securities; than $34,000. into effect. there are incentives for the mortgage market Recently, the Congress set aside $100 bil- I was denied that opportunity. The to move back toward making safe, fully docu- lion to address the issue of mortgage fore- American people were denied the op- mented loans; and tenants renting homes that closure prevention. I have long championed portunity to be heard on the floor be- are foreclosed would receive notification and that money be a set aside to address this very cause of the constrictive nature that time to relocate. important issue. I believe in homeownership the majority has placed upon us.

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5323 b 1115 loans without, at the same time, on the ment. And this legislation does not ac- Most Americans think that if a Mem- other hand, drying up the availability complish that. ber of Congress has an amendment, of capital to fund loans. And it has Mr. CARDOZA. Madam Speaker, I that amendment could easily come to been inordinately difficult. And a num- would like to thank the gentleman the floor and be heard. That did not ber of people have been working ag- from Texas for engaging with us this happen in this case. And because of gressively to try to find that appro- morning on a very constructive debate. that, it could cost the taxpayers an priate balance. However, we have serious disagree- extra $3 billion a year because of this The Chair of the Financial Services ments on what this bill should look fatally flawed bill. Committee has been absolutely won- like. Mr. CARDOZA. Madam Speaker, I derful to work with. But there are Madam Speaker, in the last 18 yield 2 minutes to my friend and col- players in all segments of this industry months, the foreclosure crisis has not league from North Carolina (Mr. MIL- who recognize that change needs to be improved in our districts. And in most LER), a sponsor of the bill. made so that we don’t get back into places, in fact, it has become signifi- Mr. MILLER of North Carolina. the situation that we ended up in and cantly worse. In 2009, millions of Amer- Madam Speaker, I rise to respond to we are in right now. They have been icans will default on their mortgages, what several on the other side have working constructively. I have heard and millions more will see their home said, Mrs. BACHMANN, Mr. SESSIONS and some reference to the fact that there equity drop precipitously. All of us others, that now is not the time to do are a number of people who oppose this know the potential consequences of this. Madam Speaker, I introduced this bill. I really haven’t seen any letters this crisis. And for far too many of us, legislation or legislation like it in 2003, that say, ‘‘I oppose the bill,’’ because including those in my district, we are in 2005, in 2007 and now again in 2009. It we have been in constructive dialogue well acquainted with the depths of de- has never been the time by the likes of with all of the players involved in this spair and destruction the foreclosure the members of the minority party and process trying to find the right bal- crisis has been inflicting on us. by the likes of the lending industry. ance. Still, in spite of all the signs, small Now their arguments have been a lit- There are some people who are say- businesses that have closed on Main tle different. In 2003 and in 2005, they ing, ‘‘look, I have some concerns about Street, foreclosure signs lining the said, ‘‘are you kidding? These loans are this provision. I want to continue to neighborhoods, the unmistakable de- great. This is the unfettered market at work with you as this process moves spair in the neighborhood coffee shops, its best, creating these innovative forward.’’ And this is not the end of the I do believe there is reason for hope. loans so people can get credit that they process. We have assured everybody The fundamentals of our economy and otherwise couldn’t get. And those that we will continue to work to find the spirit of the American people are Democrats like MILLER, who want to the right balance in this bill. This is simply too strong to throw in the towel restrict it, they just don’t know a good not the end of the game. because it may be an easier path. It is thing when they see it.’’ In 2007, espe- I just want to thank everybody. not time to give up. Rather it is time cially now, they are saying, ‘‘isn’t it Mr. CARDOZA. Madam Speaker, I am to redouble our efforts, strengthen our terrible that all those liberals made the last person to speak, and I would resolve, and focus not on what we have the poor lenders make these loans? But like to reserve to close. done, but what we will do to turn this now is not the time. Now is not the The SPEAKER pro tempore. The gen- economy around. If we do just that, I time to restrict credit.’’ tleman from Texas has 11⁄2 minutes re- have no doubt we will overcome what- Madam Speaker, they will never maining. ever challenges we may face, and we think it is the right time to protect the Mr. SESSIONS. Madam Speaker, in will fix this problem of foreclosures American people from abusive lending closing, I would like to thank the gen- with the economy and the mortgage practices. We need, when credit starts tleman from California and each of the crisis. flowing again, when the housing mar- Members from his side who have par- I urge all my colleagues to support ket revives again, the mortgage mar- ticipated today, including the gen- taking another step forward to stabi- ket revives again, we need to make tleman, Mr. FRANK. I would like to lizing our housing market and helping sure there are rules in place so people stress that while my friends on the our economy recover once and for all. can make an honest living by making other side of the aisle claim to be pro- Madam Speaker, I urge a ‘‘yes’’ vote reasonable loans to people who need to tecting consumers and have said that on the rule and on the previous ques- borrow money to buy a house. We don’t people want to delay this legislation, tion. need to go back to letting people make that is not true. It has already taken I yield back the balance of my time, a killing by cheating people out of the place. Whatever we need, the Federal and I move the previous question on equity in their home by predatory Reserve has already done. the resolution. mortgages. What we will say is that what this The previous question was ordered. Mr. SESSIONS. Madam Speaker, I legislation is doing is benefiting trial The SPEAKER pro tempore. The am really down to no speakers and just lawyers with tax dollars. And perhaps question is on the resolution. my closing statement. So I would en- more importantly, it is causing this The question was taken; and the courage my friends to go ahead and circumstance to be aggravated and to Speaker pro tempore announced that utilize their time, and then I will close be worsened. the ayes appeared to have it. as appropriate. We already understand there will be Mr. SESSIONS. Madam Speaker, on Mr. CARDOZA. Madam Speaker, I less credit that will be available. This that I demand the yeas and nays. thank my colleague from Texas. will raise the costs of loans and mort- The yeas and nays were ordered. At this time, I would like to yield 2 gages that people will want to receive. The SPEAKER pro tempore. The vote minutes to the gentleman from North At a time, especially, when the econ- was taken by electronic device, and Carolina, a member of the Financial omy needs help, this will harm the there were—yeas 247, nays 174, not vot- Services Committee, Mr. WATT. economy. And that is directly what the ing 12, as follows: Mr. WATT. Madam Speaker, I thank American Bankers Association has said [Roll No. 237] the gentleman for yielding time. in a letter to every single Member of I just want to take the opportunity Congress. So I hope every single Mem- YEAS—247 to thank some people. This actually ber should hear this. They need to be Abercrombie Becerra Brady (PA) Ackerman Berkley Braley (IA) has been the most challenging piece of talking to their staff, ‘‘hey, did that Adler (NJ) Berman Bright legislation I have been involved in letter come in on this legislation that Altmire Bishop (GA) Brown, Corrine since I have been in Congress because we are handling today?’’ And that let- Andrews Bishop (NY) Butterfield we have been walking a very delicate ter says, ‘‘serious flaws, serious flaws, Arcuri Blumenauer Capuano Baca Boccieri Cardoza balance between the various consider- bigger problem.’’ Baird Boren Carnahan ations that we have heard on the floor, We need to be providing for jobs. We Baldwin Boswell Carney making sure that consumers, bor- need to be encouraging economic Barrow Boucher Carson (IN) rowers, are protected from terrible growth. We need to encourage invest- Bean Boyd Castor (FL)

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5324 CONGRESSIONAL RECORD — HOUSE May 7, 2009 Chandler Johnson (GA) Pingree (ME) Harper McCaul Rooney tance of the Department of Homeland Childers Johnson, E. B. Polis (CO) Hastings (WA) McClintock Ros-Lehtinen Security, including U.S. Customs and Clarke Kagen Pomeroy Hensarling McCotter Roskam Clay Kanjorski Price (NC) Herger McHenry Royce Border Protection and U.S. Immigra- Cleaver Kaptur Quigley Hill McHugh Ryan (WI) tion and Customs Enforcement, in Clyburn Kennedy Rahall Hoekstra McKeon Schmidt combating human smuggling and traf- Hunter McMorris Cohen Kildee Rangel Schock ficking in persons, and commending Connolly (VA) Kilpatrick (MI) Reyes Inglis Rodgers Sensenbrenner Issa Mica Conyers Kilroy Richardson Sessions the Department of Justice for increas- Cooper Kind Jenkins Miller (FL) Rodriguez Shadegg ing the rate of human smuggling and Costa Kirkpatrick (AZ) Ross Johnson (IL) Miller (MI) Johnson, Sam Miller, Gary Shimkus trafficking prosecutions.’’. Costello Kissell Rothman (NJ) Jones Moran (KS) Shuster A motion to reconsider was laid on Courtney Klein (FL) Roybal-Allard Crowley Kosmas Jordan (OH) Murphy, Tim Simpson Ruppersberger the table. Cuellar Kratovil King (NY) Myrick Smith (NE) Rush f Cummings Kucinich Kingston Neugebauer Smith (NJ) Ryan (OH) Dahlkemper Langevin Kirk Nunes Smith (TX) Salazar NOTICE OF INTENTION TO OFFER Davis (AL) Larsen (WA) Kline (MN) Olson Souder Sa´ nchez, Linda Davis (CA) Larson (CT) Lamborn Paul Stearns RESOLUTION RAISING A QUES- T. Davis (IL) Lee (CA) Lance Paulsen Sullivan TION OF THE PRIVILEGES OF Sanchez, Loretta Davis (TN) Levin Latham Pence Terry THE HOUSE Sarbanes DeFazio Lewis (GA) LaTourette Petri Thompson (PA) Schakowsky DeGette Lipinski Latta Pitts Thornberry Mr. FLAKE. Mr. Speaker, pursuant Schauer Delahunt Loebsack Lee (NY) Platts Tiahrt to clause 2(a)(1) of rule IX, I hereby no- Schiff DeLauro Lofgren, Zoe Lewis (CA) Poe (TX) Tiberi Schrader tify the House of my intention to offer Dicks Lowey Linder Posey Turner ´ Schwartz LoBiondo a resolution as a question of the privi- Dingell Lujan Price (GA) Upton Doggett Lynch Scott (GA) Lucas Putnam leges of the House. Walden Donnelly (IN) Maffei Scott (VA) Luetkemeyer Radanovich Westmoreland The form of my resolution is as fol- Doyle Maloney Serrano Lummis Rehberg Whitfield lows: Driehaus Markey (CO) Sestak Lungren, Daniel Reichert Edwards (MD) Markey (MA) Shea-Porter E. Roe (TN) Wilson (SC) Whereas, The Hill reported that a promi- Edwards (TX) Marshall Sherman Mack Rogers (AL) Wittman nent lobbying firm, founded by Mr. Paul Ellison Massa Shuler Manzullo Rogers (KY) Wolf Magliocchetti and the subject of a ‘‘federal Ellsworth Matheson Sires Marchant Rogers (MI) Young (AK) investigation into potentially corrupt polit- Eshoo Matsui Skelton McCarthy (CA) Rohrabacher Young (FL) ical contributions,’’ has given $3.4 million in Etheridge McCarthy (NY) Slaughter NOT VOTING—12 political donations to no less than 284 mem- Farr McCollum Smith (WA) Fattah McDermott Berry Heller Nadler (NY) bers of Congress. Snyder Whereas, the New York Times noted that Filner McGovern Space Capps Holt Scalise Foster McIntyre Speier Engel King (IA) Stark Mr. Magliocchetti ‘‘set up shop at the busy Frank (MA) McMahon Spratt Fortenberry Miller, George Wamp intersection between political fund-raising Fudge McNerney Stupak and taxpayer spending, directing tens of mil- Giffords Meek (FL) Sutton b 1153 lions of dollars in contributions to law- Gonzalez Meeks (NY) Tanner Mr. OLSON and Ms. GINNY BROWN- makers while steering hundreds of millions Gordon (TN) Melancon Tauscher WAITE of Florida changed their vote of dollars in earmarks back to his clients.’’ Grayson Michaud Taylor Whereas, a guest columnist recently high- Green, Al Miller (NC) Teague from ‘‘yea’’ to ‘‘nay.’’ Green, Gene Minnick So the resolution was agreed to. lighted in Roll Call that ‘‘. . . what the Thompson (CA) firm’s example reveals most clearly is the Griffith Mitchell Thompson (MS) The result of the vote was announced Grijalva Mollohan potentially corrupting link between cam- Tierney Gutierrez Moore (KS) as above recorded. Titus paign contributions and earmarks. Even the Hall (NY) Moore (WI) A motion to reconsider was laid on Tonko most ardent earmarkers should want to Halvorson Moran (VA) Towns the table. avoid the appearance of such a pay-to-play Hare Murphy (CT) Tsongas Stated against: system.’’ Harman Murphy (NY) Hastings (FL) Murphy, Patrick Van Hollen Mr. HELLER. Mr. Speaker, on rollcall No. Whereas, multiple press reports have noted ´ Heinrich Murtha Velazquez 237, the adoption of the rule on H.R. 1728, I questions related to campaign contributions Herseth Sandlin Napolitano Visclosky was absent from the House at a family obliga- made by or on behalf of the firm; including Walz Higgins Neal (MA) tion. Had I been present, I would have voted questions related to ‘‘straw man’’ contribu- Himes Nye Wasserman tions, the reimbursement of employees for Hinchey Oberstar Schultz ‘‘nay.’’ Waters political giving, pressure on clients to give, a Hinojosa Obey Mr. KING of Iowa. Mr. Speaker, on rollcall suspicious pattern of giving, and the timing Hirono Olver Watson No. 237, I was not able to reach the House Hodes Ortiz Watt of donations relative to legislative activity. Holden Pallone Waxman floor to cast my vote before the vote was Whereas, Roll Call has taken note of the Honda Pascrell Weiner closed. Had I been able to cast my vote, I timing of contributions from employees the Hoyer Pastor (AZ) Welch would have voted ‘‘nay.’’ firm and its clients when it reported that Inslee Payne Wexler f they ‘‘have provided thousands of dollars Israel Perlmutter Wilson (OH) worth of campaign contributions to key Jackson (IL) Perriello Woolsey RECOGNIZING THE BORDER PA- Members in close proximity to legislative ac- Jackson-Lee Peters Wu tivity, such as the deadline for earmark re- (TX) Peterson Yarmuth TROL’S FIGHT AGAINST HUMAN SMUGGLING quest letters and passage of a spending bill.’’ NAYS—174 Whereas, the Associated Press highlighted The SPEAKER pro tempore (Mr. the ‘‘huge amounts of political donations’’ Aderholt Brown-Waite, Dent CARNAHAN). Pursuant to clause 8, rule from the firm and its clients to select mem- Akin Ginny Diaz-Balart, L. XX, the unfinished business is the bers and noted that ‘‘those political dona- Buchanan Diaz-Balart, M. Alexander tions have followed a distinct pattern: The Austria Burgess Dreier question on suspending the rules and Bachmann Burton (IN) Duncan agreeing to the resolution, H. Res. 14, giving is especially heavy in March, which is Bachus Buyer Ehlers as amended. prime time for submitting written earmark Barrett (SC) Calvert Emerson The Clerk read the title of the resolu- requests.’’ Camp Fallin Whereas, clients of the firm received at Bartlett tion. Barton (TX) Campbell Flake least three hundred million dollars worth of Cantor Fleming Biggert The SPEAKER pro tempore. The earmarks in fiscal year 2009 appropriations Cao Forbes Bilbray question is on the motion offered by Capito Foxx legislation, including several that were ap- Bilirakis Carter Franks (AZ) the gentleman from Tennessee (Mr. proved even after news of the FBI raid of the Bishop (UT) Cassidy Frelinghuysen COHEN) that the House suspend the firm’s offices and Justice Department inves- Blackburn Castle Gallegly rules and agree to the resolution, H. tigation into the firm was well known. Blunt Chaffetz Garrett (NJ) Res. 14, as amended. Whereas, the Associated Press reported Boehner Coble Gerlach that ‘‘the FBI says the investigation is con- Bonner The question was taken; and (two- Coffman (CO) Gingrey (GA) tinuing, highlighting the close ties between Bono Mack thirds being in the affirmative) the Cole Gohmert special-interest spending provisions known Boozman Conaway Goodlatte rules were suspended and the resolu- as earmarks and the raising of campaign Boustany Crenshaw Granger tion, as amended, was agreed to. Brady (TX) Culberson Graves cash.’’ Broun (GA) Davis (KY) Guthrie The title was amended so as to read: Whereas, the persistent media attention Brown (SC) Deal (GA) Hall (TX) ‘‘Resolution recognizing the impor- focused on questions about the nature and

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5325 timing of campaign contributions related to H.R. 1728 Sec. 503. Real Estate Settlement Procedures Act the firm, as well as reports of the Justice De- Be it enacted by the Senate and House of Rep- of 1974 amendments. partment conducting research on earmarks resentatives of the United States of America in Sec. 504. Truth in Lending Act amendments. and campaign contributions, raise concern Congress assembled, Sec. 505. Escrows included in repayment anal- about the integrity of congressional pro- ysis. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ceedings and the dignity of this institution. TITLE VI—APPRAISAL ACTIVITIES Now, therefore, be it: Resolved, that (a) SHORT TITLE.—This Act may be cited as Sec. 601. Property appraisal requirements. (a) the Committee on Standards of Official the ‘‘Mortgage Reform and Anti-Predatory Sec. 602. Unfair and deceptive practices and Conduct, or a subcommittee of the com- Lending Act’’. acts relating to certain consumer mittee designated by the committee and its (b) TABLE OF CONTENTS.—The table of con- credit transactions. members appointed by the chairman and tents for this Act is as follows: Sec. 603. Amendments relating to appraisal sub- ranking member, shall immediately begin Sec. 1. Short title; table of contents. committee of FIEC, appraiser investigation into the relationship between TITLE I—RESIDENTIAL MORTGAGE LOAN independence, and approved ap- the source and timing of past campaign con- ORIGINATION STANDARDS praiser education. tributions to Members of the House related Sec. 101. Definitions. Sec. 604. Study required on improvements in ap- to the raided firm and earmark requests Sec. 102. Residential mortgage loan origination. praisal process and compliance made by Members of the House on behalf of Sec. 103. Prohibition on steering incentives. programs. clients of the raided firm. Sec. 104. Liability. (b) The Committee on Standards of Official Sec. 605. Equal Credit Opportunity Act amend- Sec. 105. Regulations. Conduct shall submit a report of its findings ment. Sec. 106. RESPA and TILA disclosure improve- Sec. 606. Real Estate Settlement Procedures Act to the House of Representatives within 2 ment. of 1974 amendment relating to cer- months after the date of adoption of the res- tain appraisal fees. olution. TITLE II—MINIMUM STANDARDS FOR MORTGAGES The SPEAKER pro tempore. Under TITLE VII—SENSE OF CONGRESS REGARD- ING THE IMPORTANCE OF GOVERNMENT rule IX, a resolution offered from the Sec. 201. Ability to repay. Sec. 202. Net tangible benefit for refinancing of SPONSORED ENTERPRISES REFORM floor by a Member other than the ma- residential mortgage loans. Sec. 701. Sense of Congress regarding the impor- jority leader or the minority leader as Sec. 203. Safe harbor and rebuttable presump- tance of Government-sponsored a question of the privileges of the tion. enterprises reform to enhance the House has immediate precedence only Sec. 204. Liability. protection, limitation, and regula- at a time designated by the Chair with- Sec. 205. Defense to foreclosure. tion of the terms of residential in 2 legislative days after the resolu- Sec. 206. Additional standards and require- mortgage credit. tion is properly noticed. ments. TITLE I—RESIDENTIAL MORTGAGE LOAN Pending that designation, the form of Sec. 207. Rule of construction. ORIGINATION STANDARDS the resolution noticed by the gen- Sec. 208. Effect on State laws. Sec. 209. Regulations. SEC. 101. DEFINITIONS. tleman from Arizona will appear in the Sec. 210. Amendments to civil liability provi- Section 103 of the Truth in Lending Act (15 RECORD at this point. sions. U.S.C. 1602) is amended by adding at the end The Chair will not at this point de- Sec. 211. Lender rights in the context of bor- the following new subsection: termine whether the resolution con- rower deception. ‘‘(cc) DEFINITIONS RELATING TO MORTGAGE stitutes a question of privilege. That Sec. 212. Six-month notice required before reset ORIGINATION AND RESIDENTIAL MORTGAGE LOANS.— determination will be made at the time of hybrid adjustable rate mortgages. ‘‘(1) COMMISSION.—Unless otherwise specified, designated for consideration of the res- the term ‘Commission’ means the Federal Trade olution. Sec. 213. Credit risk retention. Sec. 214. Required disclosures. Commission. f Sec. 215. Disclosures required in monthly state- ‘‘(2) FEDERAL BANKING AGENCIES.—The term ments for residential mortgage ‘Federal banking agencies’ means the Board of MORTGAGE REFORM AND ANTI- Governors of the Federal Reserve System, the PREDATORY LENDING ACT loans. Sec. 216. Legal assistance for foreclosure-re- Comptroller of the Currency, the Director of the The SPEAKER pro tempore. Pursu- lated issues. Office of Thrift Supervision, the Federal Deposit ant to House Resolution 406 and rule Sec. 217. Effective date. Insurance Corporation, and the National Credit XVIII, the Chair declares the House in Sec. 218. Report by the GAO. Union Administration Board. Sec. 219. State Attorney General enforcement ‘‘(3) MORTGAGE ORIGINATOR.—The term ‘mort- the Committee of the Whole House on gage originator’— the State of the Union for the further authority. Sec. 220. Tenant protection. ‘‘(A) means any person who, for direct or in- consideration of the bill, H.R. 1728. direct compensation or gain, or in the expecta- TITLE III—HIGH-COST MORTGAGES b 1200 tion of direct or indirect compensation or gain— Sec. 301. Definitions relating to high-cost mort- ‘‘(i) takes a residential mortgage loan applica- IN THE COMMITTEE OF THE WHOLE gages. tion; Accordingly, the House resolved Sec. 302. Amendments to existing requirements ‘‘(ii) assists a consumer in obtaining or apply- itself into the Committee of the Whole for certain mortgages. ing to obtain a residential mortgage loan; or House on the State of the Union for the Sec. 303. Additional requirements for certain ‘‘(iii) offers or negotiates terms of a residential further consideration of the bill (H.R. mortgages. mortgage loan; Sec. 304. Regulations. ‘‘(B) includes any person who represents to 1728) to amend the Truth in lending Sec. 305. Effective date. the public, through advertising or other means Act to reform consumer mortgage TITLE IV—OFFICE OF HOUSING of communicating or providing information (in- practices and provide accountability COUNSELING cluding the use of business cards, stationery, for such practices, to provide certain brochures, signs, rate lists, or other promotional Sec. 401. Short title. items), that such person can or will provide any minimum standards for consumer Sec. 402. Establishment of Office of Housing of the services or perform any of the activities mortgage loans, and for other purposes, Counseling. described in subparagraph (A); with Mr. ROSS in the chair. Sec. 403. Counseling procedures. ‘‘(C) does not include any person who is (i) The Clerk read the title of the bill. Sec. 404. Grants for housing counseling assist- not otherwise described in subparagraph (A) or The CHAIR. When the Committee of ance. (B) and who performs purely administrative or Sec. 405. Requirements to use HUD-certified the Whole rose on Wednesday, May 6, clerical tasks on behalf of a person who is de- counselors under HUD programs. 2009, all time for general debate, pursu- scribed in any such subparagraph, or (ii) an em- Sec. 406. Study of defaults and foreclosures. ant to House Resolution 400, had ex- ployee of a retailer of manufactured homes who Sec. 407. Definitions for counseling-related pro- pired. is not described in clause (i) or (iii) of subpara- grams. graph (A); Pursuant to House Resolution 406, no Sec. 408. Updating and simplification of mort- ‘‘(D) does not include a person or entity that further general debate is in order. The gage information booklet. only performs real estate brokerage activities amendment in the nature of a sub- Sec. 409. Home inspection counseling. stitute printed in the bill shall be con- and is licensed or registered in accordance with TITLE V—MORTGAGE SERVICING applicable State law, unless such person or enti- sidered as an original bill for the pur- Sec. 501. Escrow and impound accounts relat- ty is compensated for performing such brokerage pose of amendment under the 5-minute ing to certain consumer credit activities by a lender, a mortgage broker, or rule and shall be considered read. transactions. other mortgage originator or by any agent of The text of the committee amend- Sec. 502. Disclosure notice required for con- such lender, mortgage broker, or other mortgage ment is as follows: sumers who waive escrow services. originator; and

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 6333 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5326 CONGRESSIONAL RECORD — HOUSE May 7, 2009

‘‘(E) does not include, with respect to a resi- ‘‘(2) PURPOSE.—It is the purpose of this sec- ‘‘(B) restricting a mortgage originator from dential mortgage loan, a person, estate, or trust tion and section 129C to assure that consumers holding himself or herself out as an agent or fi- that provides mortgage financing for the sale of are offered and receive residential mortgage duciary of a consumer subject to any additional 1 property in any 36-month period, provided loans on terms that reasonably reflect their abil- duty, requirement, or limitation applicable to that such loan— ity to repay the loans and that are understand- agents or fiduciaries under any Federal or State ‘‘(i) is fully amortizing; able and not unfair, deceptive or abusive. law. ‘‘(ii) is with respect to a sale for which the ‘‘(b) DUTY OF CARE.— ‘‘(4) REGULATIONS.— seller determines in good faith and documents ‘‘(1) STANDARD.—Subject to regulations pre- ‘‘(A) IN GENERAL.—The Federal banking agen- that the buyer has a reasonable ability to repay scribed under this subsection, each mortgage cies, in consultation with the Secretary, the the loan; originator shall, in addition to the duties im- Chairman of the State Liaison Committee to the ‘‘(iii) has a fixed rate or an adjustable rate posed by otherwise applicable provisions of Financial Institutions Examination Council, that is adjustable after 5 or more years, subject State or Federal law— and the Commission, shall jointly prescribe reg- to reasonable annual and lifetime limitations on ‘‘(A) be qualified and, when required, regulations to— interest rate increases; and istered and licensed as a mortgage originator in ‘‘(i) further define the duty established under ‘‘(iv) meets any other criteria the Federal accordance with applicable State or Federal paragraph (1); banking agencies may prescribe. law, including the Secure and Fair Enforcement ‘‘(ii) implement the requirements of this sub- ‘‘(4) NATIONWIDE MORTGAGE LICENSING SYSTEM for Mortgage Licensing Act of 2008; section; AND REGISTRY.—The term ‘Nationwide Mortgage ‘‘(B) with respect to each consumer seeking or ‘‘(iii) establish the time period within which Licensing System and Registry’ has the same inquiring about a residential mortgage loan, any disclosure required under paragraph (1) meaning as in the Secure and Fair Enforcement diligently work to present the consumer with a shall be made to the consumer; and for Mortgage Licensing Act of 2008. range of residential mortgage loan products for ‘‘(iv) establish such other requirements for ‘‘(5) OTHER DEFINITIONS RELATING TO MORT- which the consumer likely qualifies and which any mortgage originator as such regulatory GAGE ORIGINATOR.—For purposes of this sub- are appropriate to the consumer’s existing cir- agencies may determine to be appropriate to section, a person ‘assists a consumer in obtain- cumstances, based on information known by, or meet the purposes of this subsection. ing or applying to obtain a residential mortgage obtained in good faith by, the originator; ‘‘(B) COMPLEMENTARY AND NONDUPLICATIVE loan’ by, among other things, advising on resi- ‘‘(C) make full, complete, and timely disclo- DISCLOSURES.—The agencies referred to in sub- dential mortgage loan terms (including rates, sure to each such consumer of— paragraph (A) shall endeavor to make the re- fees, and other costs), preparing residential ‘‘(i) the comparative costs and benefits of each quired disclosures to consumers under this sub- mortgage loan packages, or collecting informa- residential mortgage loan product offered, dis- section complementary and nonduplicative with tion on behalf of the consumer with regard to a cussed, or referred to by the originator; other disclosures for mortgage consumers to the residential mortgage loan. ‘‘(ii) the nature of the originator’s relation- extent such efforts— ‘‘(6) RESIDENTIAL MORTGAGE LOAN.—The term ship to the consumer (including the cost of the ‘‘(i) are practicable; and ‘residential mortgage loan’ means any consumer services to be provided by the originator and a ‘‘(ii) do not reduce the value of any such dis- credit transaction that is secured by a mortgage, statement that the mortgage originator is or is closure to recipients of such disclosures. deed of trust, or other equivalent consensual se- not acting as an agent for the consumer, as the ‘‘(5) COMPLIANCE PROCEDURES REQUIRED.— curity interest on a dwelling or on residential case may be); and The Federal banking agencies shall prescribe real property that includes a dwelling, other ‘‘(iii) any relevant conflicts of interest be- regulations requiring depository institutions to than a consumer credit transaction under an tween the originator and the consumer; establish and maintain procedures reasonably open end credit plan or a reverse mortgage or, ‘‘(D) certify to the creditor, with respect to designed to assure and monitor the compliance for purposes of sections 129B and 129C and sec- any transaction involving a residential mort- of such depository institutions, the subsidiaries tion 128(a) (16), (17), and (18), 128(a)(f) and gage loan, that the mortgage originator has ful- of such institutions, and the employees of such 128(b)(4) and any regulations promulgated filled all requirements applicable to the origi- institutions or subsidiaries with the require- thereunder, an extension of credit relating to a nator under this section with respect to the ments of this section and the registration proce- plan described in section 101(53D) of title 11, transaction; and dures established under section 1507 of the Se- United States Code. ‘‘(E) include on all loan documents any cure and Fair Enforcement for Mortgage Licens- ‘‘(7) SECRETARY.—The term ‘Secretary’, when unique identifier of the mortgage originator pro- ing Act of 2008.’’. used in connection with any transaction or per- vided by the Nationwide Mortgage Licensing (b) CLERICAL AMENDMENT.—The table of sec- son involved with a residential mortgage loan, System and Registry. tions for chapter 2 of the Truth in Lending Act means the Secretary of Housing and Urban De- ‘‘(2) CLARIFICATION OF EXTENT OF DUTY TO is amended by inserting after the item relating velopment. PRESENT RANGE OF PRODUCTS AND APPROPRIATE to section 129 the following new items: ‘‘(8) SECURITIZATION VEHICLE.—The term PRODUCTS.— ‘‘129A. Fiduciary duty of servicers of pooled res- ‘securitization vehicle’ means a trust, corpora- ‘‘(A) NO DUTY TO OFFER PRODUCTS FOR WHICH idential mortgages. tion, partnership, limited liability entity, special ORIGINATOR IS NOT AUTHORIZED TO TAKE AN AP- ‘‘129B. Residential mortgage loan origination.’’. purpose entity, or other structure that— PLICATION.—Paragraph (1)(B) shall not be con- ‘‘(A) is the issuer, or is created by the issuer, strued as requiring— SEC. 103. PROHIBITION ON STEERING INCEN- of mortgage pass-through certificates, participa- ‘‘(i) a mortgage originator to present to any TIVES. tion certificates, mortgage-backed securities, or consumer any specific residential mortgage loan Section 129B of the Truth in Lending Act (as other similar securities backed by a pool of as- product that is offered by a creditor which does added by section 102(a)) is amended by inserting sets that includes residential mortgage loans; not accept consumer referrals from, or consumer after subsection (b) the following new sub- and applications submitted by or through, such section: ‘‘(B) holds such loans. originator; or ‘‘(c) PROHIBITION ON STEERING INCENTIVES.— ‘‘(9) SECURITIZER.—The term ‘securitizer’ ‘‘(ii) a creditor to offer products that the cred- ‘‘(1) IN GENERAL.—For any mortgage loan, the means the person that transfers, conveys, or as- itor does not offer to the general public. total amount of direct and indirect compensa- signs, or causes the transfer, conveyance, or as- ‘‘(B) APPROPRIATE LOAN PRODUCT.—For pur- tion from all sources permitted to a mortgage signment of, residential mortgage loans, includ- poses of paragraph (1)(B), a residential mort- originator may not vary based on the terms of ing through a special purpose vehicle, to any gage loan shall be presumed to be appropriate the loan (other than the amount of the prin- securitization vehicle, excluding any trustee for a consumer if— cipal). that holds such loans solely for the benefit of ‘‘(i) the mortgage originator determines in ‘‘(2) REGULATIONS.—The Federal banking the securitization vehicle. good faith, based on then existing information agencies, in consultation with the Secretary and ‘‘(10) SERVICER.—The term ‘servicer’ has the and without undergoing a full underwriting the Commission, shall jointly prescribe regula- same meaning as in section 6(i)(2) of the Real process, that the consumer has a reasonable tions to prohibit— Estate Settlement Procedures Act of 1974.’’. ability to repay and, in the case of a refi- ‘‘(A) mortgage originators from steering any SEC. 102. RESIDENTIAL MORTGAGE LOAN ORIGI- nancing of an existing residential mortgage consumer to a residential mortgage loan that— NATION. loan, receives a net tangible benefit, as deter- ‘‘(i) the consumer lacks a reasonable ability to (a) IN GENERAL.—Chapter 2 of the Truth in mined in accordance with regulations prescribed repay (in accordance with regulations pre- Lending Act (15 U.S.C. 1631 et seq.) is amended under subsections (a) and (b) of section 129C; scribed under section 129C(a)); by inserting after section 129A the following and ‘‘(ii) in the case of a refinancing of a residen- new section: ‘‘(ii) the loan does not have predatory charac- tial mortgage loan, does not provide the con- ‘‘§ 129B. Residential mortgage loan origina- teristics or effects (such as equity stripping and sumer with a net tangible benefit (in accordance tion excessive fees and abusive terms) as determined with regulations prescribed under section ‘‘(a) FINDING AND PURPOSE.— in accordance with regulations prescribed under 129C(b)); or ‘‘(1) FINDING.—The Congress finds that eco- paragraph (4). ‘‘(iii) has predatory characteristics or effects nomic stabilization would be enhanced by the ‘‘(3) RULES OF CONSTRUCTION.—No provision (such as equity stripping, excessive fees, or abu- protection, limitation, and regulation of the of this subsection shall be construed as— sive terms); terms of residential mortgage credit and the ‘‘(A) creating an agency or fiduciary relation- ‘‘(B) mortgage originators from steering any practices related to such credit, while ensuring ship between a mortgage originator and a con- consumer from a residential mortgage loan for that responsible, affordable mortgage credit re- sumer if the originator does not hold himself or which the consumer is qualified that is a quali- mains available to consumers. herself out as such an agent or fiduciary; or fied mortgage (as defined in section 129C(c)(3))

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 6333 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5327

to a residential mortgage loan that is not a residential mortgage loans and shall be applied (c) SUSPENSION OF 2008 RESPA RULE.— qualified mortgage; in the same manner as regulations prescribed (1) REQUIREMENT.—The Secretary of Housing ‘‘(C) abusive or unfair lending practices that under section 105. and Urban Development shall, during the period promote disparities among consumers of equal ‘‘(f) Section 129B and any regulations promul- beginning on the date of the enactment of this credit worthiness but of different race, eth- gated thereunder do not apply to an extension Act and ending upon issuance of proposed regu- nicity, gender, or age; and of credit relating to a plan described in section lations pursuant to subsection (a), suspend im- ‘‘(D) mortgage originators from assessing ex- 101(53D) of title 11, United States Code.’’. plementation of any provisions of the final rule cessive points and fees (as such term is described (b) EFFECTIVE DATE.—The regulations re- referred to in paragraph (2) that would establish under section 103(aa)(4) of the Truth in Lending quired or authorized to be prescribed under this and implement a new standardized good faith Act (15 U.S.C. 1602(aa)(4))) to a consumer for title or the amendments made by this title— estimate and a new standardized uniform settle- (1) shall be prescribed in final form before the the origination of a residential mortgage loan ment statement. Any such provisions shall be re- end of the 12-month period beginning on the based on such consumer’s decision to finance all placed by the regulations issued pursuant to date of the enactment of this Act; and or part of the payment through the rate for such subsections (a) and (b). points and fees. (2) shall take effect not later than 18 months RULE ‘‘(3) RULES OF CONSTRUCTION.—No provision after the date of the enactment of this Act. (2) 2008 .—The final rule referred to in of this subsection shall be construed as— (c) TRUTH IN LENDING FINAL RULE.—Notwith- this paragraph is the rule of the Department of ‘‘(A) permitting yield spread premiums or standing any other provision of this Act, the Housing and Urban Development published on other similar incentive compensation; regulations adopted by the Board concerning November 17, 2008, on pages 68204–68288 of Vol- ‘‘(B) affecting the mechanism for providing Truth in Lending, 73 Fed. Reg. 44522 (July 30, ume 73 of the Federal Register (Docket No. FR– the total amount of direct and indirect com- 2008), shall take effect as decided by the Board 5180–F–03; relating to ‘‘Real Estate Settlement pensation permitted to a mortgage originator; with such exceptions or revisions as the Board Procedures Act (RESPA): Rule to Simplify and ‘‘(C) limiting or affecting the amount of com- determines necessary. Improve the Process of Obtaining Mortgages pensation received by a creditor upon the sale of (d) TECHNICAL AND CONFORMING AMEND- and Reduce Consumer Settlement Costs’’). a consummated loan to a subsequent purchaser; MENTS.—Section 129(l)(2) of the Truth in Lend- (d) IMPLEMENTATION.—The regulations re- ‘‘(D) restricting a consumer’s ability to fi- ing Act (15 U.S.C. 1639(l)(2)) is amended by in- quired under subsection (a) shall take effect, nance, including through rate or principal, any serting ‘‘referred to in section 103(aa)’’ after and shall provide an implementation date for origination fees or costs permitted under this ‘‘loans’’ each place such term appears. the new disclosures required under such regula- subsection, or the mortgage originator’s ability SEC. 106. RESPA AND TILA DISCLOSURE IM- tions, not later than the expiration of the 12- to receive such fees or costs (including com- PROVEMENT. month period beginning upon the date of the en- pensation) from any person, so long as such fees (a) COMPATIBLE DISCLOSURES.—The Secretary actment of this Act. or costs were fully and clearly disclosed to the of Housing and Urban Development and the (e) FAILURE TO ISSUE COMPATIBLE DISCLO- consumer earlier in the application process as Board of Governors of the Federal Reserve shall, SURES.—If the Secretary of Housing and Urban required by 129B(b)(1)(C)(i) and do not vary not later than the expiration of the 6-month pe- Development and the Board of Governors of the based on the terms of the loan (other than the riod beginning upon the date of the enactment Federal Reserve System cannot agree on com- amount of the principal) or the consumer’s deci- of this Act, jointly issue for public comment pro- patible disclosures pursuant to subsections (a) sion about whether to finance such fees or costs; posed regulations providing for compatible dis- and (b), the Secretary and the Board shall sub- or closures for borrowers to receive at the time of mit a report to the Congress, after the 6-month ‘‘(E) prohibiting incentive payments to a mort- mortgage application and at the time of closing. period referred to in subsection (a), explaining gage originator based on the number of residen- (b) REQUIREMENTS.—Such disclosures shall— the reasons for such disagreement. After the 15- (1) provide clear and concise information to tial mortgage loans originated within a specified day period beginning upon submission of such borrowers on the terms and costs of residential period of time.’’. report, the Secretary and the Board may sepa- mortgage transactions and mortgage trans- SEC. 104. LIABILITY. rately issue for public comment regulations pro- actions covered by the Truth in Lending Act (12 Section 129B of the Truth in Lending Act is viding for disclosures under the Real Estate Set- U.S.C. 1601 et seq.) and the Real Estate Settle- amended by inserting after subsection (c) (as tlement Procedures Act of 1974 and the Truth in ment Procedures Act of 1974 (12 U.S.C. 2601 et added by section 103) the following new sub- Lending Act, respectively. Any final disclosures section: seq.); (2) satisfy the requirements of section 128 of as a result of such regulations issued by the Sec- ‘‘(d) LIABILITY FOR VIOLATIONS.— retary and the Board shall take effect on the ‘‘(1) IN GENERAL.—For purposes of providing a the Truth in Lending Act (12 U.S.C. 1638) and section 4 and 5 of the Real Estate Settlement same date, and not later than the expiration of cause of action for any failure by a mortgage the 12-month period beginning on the date of originator to comply with any requirement im- Procedures Act of 1974; and (3) comprise early disclosures under the Truth the enactment of this Act. If either the Secretary posed under this section and any regulation or the Board fails to act during such 12-month prescribed under this section, subsections (a) in Lending Act and the good faith estimate disclosures under the Real Estate Settlement Proce- period, either such agency may act independ- and (b) of section 130 shall be applied with re- ently and implement final regulations. spect to any such failure by substituting ‘mort- dures Act of 1974 and final Truth in Lending gage originator’ for ‘creditor’ each place such Act disclosures and the uniform settlement TITLE II—MINIMUM STANDARDS FOR term appears in each such subsection. statement disclosures under Real Estate Settle- MORTGAGES ‘‘(2) MAXIMUM.—The maximum amount of ment Procedures Act of 1974 and provide for SEC. 201. ABILITY TO REPAY. any liability of a mortgage originator under standardization to the greatest extent possible paragraph (1) to a consumer for any violation of among such disclosures from mortgage origina- (a) IN GENERAL.—Chapter 2 of the Truth in this section shall not exceed the greater of action through the mortgage settlement. Lending Act (15 U.S.C. 1631 et seq.) is amended tual damages or an amount equal to 3 times the (4) shall include, with respect to a residential by inserting after section 129B (as added by sec- total amount of direct and indirect compensa- home mortgage loan, a written statement of— tion 102(a)) the following new section: (A) the principal amount of the loan; tion or gain accruing to the mortgage originator ‘‘§ 129C. Minimum standards for residential in connection with the residential mortgage loan (B) the term of the loan; (C) whether the loan has a fixed rate of inter- mortgage loans involved in the violation, plus the costs to the est or an adjustable rate of interest; ‘‘(a) ABILITY TO REPAY.— consumer of the action, including a reasonable (D) the annual percentage rate of interest attorney’s fee.’’. ‘‘(1) IN GENERAL.—In accordance with regula- under the loan as of the time of the disclosure; SEC. 105. REGULATIONS. tions prescribed jointly by the Federal banking (E) if the rate of interest under the loan can agencies, in consultation with the Commission, (a) DISCRETIONARY REGULATORY AUTHOR- adjust after the disclosure, for each such pos- ITY.—Section 129B of the Truth in Lending Act no creditor may make a residential mortgage sible adjustment— loan unless the creditor makes a reasonable and is amended by inserting after subsection (d) (as (i) when such adjustment will or may occur; added by section 104) the following new sub- good faith determination based on verified and and documented information that, at the time the section: (ii) the maximum annual percentage rate of loan is consummated, the consumer has a rea- ‘‘(e) DISCRETIONARY REGULATORY AUTHOR- interest to which it can be adjusted; ITY.— (F) the total monthly payment under the loan sonable ability to repay the loan, according to ‘‘(1) IN GENERAL.—The Federal banking agen- (including loan principal and interest, property its terms, and all applicable taxes, insurance, cies shall, by regulations issued jointly, prohibit taxes, and insurance) at the time of the disclo- and assessments. or condition terms, acts or practices relating to sure; ‘‘(2) MULTIPLE LOANS.—If the creditor knows, residential mortgage loans that the agencies (G) the maximum total estimated monthly or has reason to know, that 1 or more residen- find to be abusive, unfair, deceptive, predatory, maximum payment pursuant to each such pos- tial mortgage loans secured by the same dwell- inconsistent with reasonable underwriting sible adjustment; ing will be made to the same consumer, the cred- standards, necessary or proper to effectuate the (H) the total settlement charges in connection itor shall make a reasonable and good faith de- purposes of this section and section 129C, to pre- with the loan and the amount of any downpay- termination, based on verified and documented vent circumvention or evasion thereof, or to fa- ment and cash required at settlement; and information, that the consumer has a reasonable cilitate compliance with such sections, or are (I) whether or not the loan has a prepayment ability to repay the combined payments of all not in the interest of the borrower. penalty or balloon payment and the terms, tim- loans on the same dwelling according to the ‘‘(2) APPLICATION.—The regulations prescribed ing, and amount of any such penalty or pay- terms of those loans and all applicable taxes, in- under paragraph (1) shall be applicable to all ment. surance, and assessments.

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 6333 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5328 CONGRESSIONAL RECORD — HOUSE May 7, 2009

‘‘(3) BASIS FOR DETERMINATION.—A determina- residential mortgage loan shall not be consid- income as may be prescribed by regulation tion under this subsection of a consumer’s abil- ered to provide a net tangible benefit to the con- under paragraph (4), and such rules shall also ity to repay a residential mortgage loan shall in- sumer if the costs of the refinanced loan, includ- take into consideration the consumer’s income clude consideration of the consumer’s credit his- ing points, fees and other charges, exceed the available to pay regular expenses after payment tory, current income, expected income the con- amount of any newly advanced principal with- of all installment and revolving debt; sumer is reasonably assured of receiving, cur- out any corresponding changes in the terms of ‘‘(ix) for which the total points and fees pay- rent obligations, debt-to-income ratio, employ- the refinanced loan that are advantageous to able in connection with the loan do not exceed ment status, and other financial resources other the consumer. 2 percent of the total loan amount, where than the consumer’s equity in the dwelling or ‘‘(3) NET TANGIBLE BENEFIT.—The Federal ‘points and fees’ means points and fees as de- real property that secures repayment of the banking agencies shall jointly prescribe regula- fined by Section 103(aa)(4) of the Truth in loan. tions defining the term ‘net tangible benefit’ for Lending Act (15 U.S.C. 1602(aa)(4)); and ‘‘(4) NONSTANDARD LOANS.— purposes of this subsection.’’. ‘‘(x) for which the term of the loan does not ‘‘(A) VARIABLE RATE LOANS THAT DEFER RE- SEC. 203. SAFE HARBOR AND REBUTTABLE PRE- exceed 30 years, except as such term may be ex- PAYMENT OF ANY PRINCIPAL OR INTEREST.—For SUMPTION. tended under paragraph (4). purposes of determining, under this subsection, Section 129C of the Truth in Lending Act is ‘‘(B) AVERAGE PRIME OFFER RATE.—The term a consumer’s ability to repay a variable rate res- amended by inserting after subsection (b) (as ‘average prime offer rate’ means an annual per- idential mortgage loan that allows or requires added by section 202) the following new sub- centage rate that is derived from average inter- the consumer to defer the repayment of any section: est rates, points, and other loan pricing terms principal or interest, the creditor shall use a ‘‘(c) PRESUMPTION OF ABILITY TO REPAY AND currently offered to consumers by a representa- fully amortizing repayment schedule. NET TANGIBLE BENEFIT.— tive sample of creditors for mortgage trans- ‘‘(B) INTEREST-ONLY LOANS.—For purposes of ‘‘(1) IN GENERAL.—Any creditor with respect actions that have low risk pricing characteris- determining, under this subsection, a con- to any residential mortgage loan, and any as- tics. sumer’s ability to repay a residential mortgage signee or securitizer of such loan, may presume ‘‘(3) PUBLICATION OF AVERAGE PRIME OFFER loan that permits or requires the payment of in- that the loan has met the requirements of sub- RATE.—The Board— terest only, the creditor shall use the payment sections (a) and (b), if the loan is a qualified ‘‘(A) shall publish, and update at least week- amount required to amortize the loan by its mortgage. ly, average prime offer rates; and final maturity. ‘‘(2) DEFINITIONS.—For purposes of this sub- ‘‘(B) may publish multiple rates based on ‘‘(C) CALCULATION FOR NEGATIVE AMORTIZA- section, the following definitions shall apply: varying types of mortgage transactions. TION.—In making any determination under this ‘‘(A) QUALIFIED MORTGAGE.—The term ‘quali- ‘‘(4) REGULATIONS.— subsection, a creditor shall also take into con- fied mortgage’ means any residential mortgage ‘‘(A) IN GENERAL.—The Federal banking agen- sideration any balance increase that may accrue loan— cies shall jointly prescribe regulations to carry from any negative amortization provision. ‘‘(i) that does not allow a consumer to defer out the purposes of this subsection. ‘‘(B) REVISION OF SAFE HARBOR CRITERIA.— ‘‘(D) CALCULATION PROCESS.—For purposes of repayment of principal or interest, or is not oth- ‘‘(i) IN GENERAL.—The Federal banking agen- making any determination under this sub- erwise deemed a ‘non-traditional mortgage’ cies may jointly prescribe regulations that re- section, a creditor shall calculate the monthly under guidance, advisories, or regulations pre- vise, add to, or subtract from the criteria that payment amount for principal and interest on scribed by the Federal Banking Agencies; define a qualified mortgage upon a finding that any residential mortgage loan by assuming— ‘‘(ii) that does not provide for a repayment such regulations are necessary and appropriate ‘‘(i) the loan proceeds are fully disbursed on schedule that results in negative amortization at to effectuate the purposes of this section and the date of the consummation of the loan; any time; section 129B, to prevent circumvention or eva- ‘‘(ii) the loan is to be repaid in substantially ‘‘(iii) for which the terms are fully amortizing sion thereof, or to facilitate compliance with equal monthly amortizing payments for prin- and which does not result in a balloon payment, such sections. cipal and interest over the entire term of the where a ‘balloon payment’ is a scheduled pay- ‘‘(ii) LOAN DEFINITION.—The following agen- loan with no balloon payment, unless the loan ment that is more than twice as large as the av- cies shall prescribe rules defining the types of contract requires more rapid repayment (includ- erage of earlier scheduled payments; ‘‘(iv) which has an annual percentage rate loans they insure, guarantee or administer, as ing balloon payment), in which case the con- that does not exceed the average prime offer rate the case may be, that are Qualified Mortgages tract’s repayment schedule shall be used in this for a comparable transaction, as of the date the for purposes of subsection (c)(1)(A) upon a find- calculation; and interest rate is set— ing that such rules are consistent with the pur- ‘‘(iii) the interest rate over the entire term of ‘‘(I) by 1.5 or more percentage points, in the poses of this section and section 129B, to prevent the loan is a fixed rate equal to the fully in- case of a first lien residential mortgage loan circumvention or evasion thereof, or to facilitate dexed rate at the time of the loan closing, with- having a original principal obligation amount compliance with such sections— out considering the introductory rate. that does not exceed the amount of the max- ‘‘(I) The Department of Housing and Urban ‘‘(5) FULLY-INDEXED RATE DEFINED.—For pur- imum limitation on the original principal obliga- Development, with regard to mortgages insured poses of this subsection, the term ‘fully indexed tion of mortgage in effect for a residence of the under title II of the National Housing Act (12 rate’ means the index rate prevailing on a resi- applicable size, as of the date of such interest U.S.C. 1707 et seq.); dential mortgage loan at the time the loan is rate set, pursuant to the sixth sentence of sec- ‘‘(II) The Secretary of Veterans Affairs, with made plus the margin that will apply after the tion 305(a)(2) the Federal Home Loan Mortgage regard to a loan made or guaranteed by the Sec- expiration of any introductory interest rates.’’. Corporation Act (12 U.S.C. 1454(a)(2)); and retary of Veterans Affairs; (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(II) by 2.5 or more percentage points, in the ‘‘(III) The Secretary of Agriculture, with re- tions for chapter 2 of the Truth in Lending Act case of a first lien residential mortgage loan gard loans guaranteed by the Secretary of Agri- is amended by inserting after the item relating having a original principal obligation amount culture pursuant to 42 U.S.C. 1472(h); to section 129B (as added by section 102(b)) the that exceeds the amount of the maximum limita- ‘‘(IV) The Federal Housing Finance Agency, following new item: tion on the original principal obligation of mort- with regard to loans meeting the conforming ‘‘129C. Minimum standards for residential mortgage in effect for a residence of the applicable loan standards of the Federal National Mort- gage loans.’’. size, as of the date of such interest rate set, pur- gage Corporation or the Federal Home Loan SEC. 202. NET TANGIBLE BENEFIT FOR REFI- suant to the sixth sentence of section 305(a)(2) Mortgage Corporation; and NANCING OF RESIDENTIAL MORT- the Federal Home Loan Mortgage Corporation ‘‘(V) The Rural Housing Service, with regard GAGE LOANS. Act (12 U.S.C. 1454(a)(2)); to loans insured by the Rural Housing Serv- Section 129C of the Truth in Lending Act (as ‘‘(v) for which the income and financial re- ice.’’. added by section 201(a)) is amended by inserting sources relied upon to qualify the obligors on SEC. 204. LIABILITY. after subsection (a) the following new sub- the loan are verified and documented; Section 129C of the Truth in Lending Act is section: ‘‘(vi) in the case of a fixed rate loan, for amended by inserting after subsection (c) (as ‘‘(b) NET TANGIBLE BENEFIT FOR REFINANCING which the underwriting process is based on a added by section 203) the following new sub- OF RESIDENTIAL MORTGAGE LOANS.— payment schedule that fully amortizes the loan section: ‘‘(1) IN GENERAL.—In accordance with regula- over the loan term and takes into account all ‘‘(d) LIABILITY FOR VIOLATIONS.— tions prescribed under paragraph (3), no cred- applicable taxes, insurance, and assessments; ‘‘(1) IN GENERAL.— itor may extend credit in connection with any ‘‘(vii) in the case of an adjustable rate loan, ‘‘(A) RESCISSION.—In addition to any other li- residential mortgage loan that involves a refi- for which the underwriting is based on the max- ability under this title for a violation by a cred- nancing of a prior existing residential mortgage imum rate permitted under the loan during the itor of subsection (a) or (b) (for example under loan unless the creditor reasonably and in good first seven years, and a payment schedule that section 130) and subject to the statute of limita- faith determines, at the time the loan is con- fully amortizes the loan over the loan term and tions in paragraph (9), a civil action may be summated and on the basis of information takes into account all applicable taxes, insur- maintained against a creditor for a violation of known by or obtained in good faith by the cred- ance, and assessments; subsection (a) or (b) with respect to a residential itor, that the refinanced loan will provide a net ‘‘(viii) that does not cause the consumer’s mortgage loan for the rescission of the loan, and tangible benefit to the consumer. total monthly debts, including amounts under such additional costs as the obligor may have ‘‘(2) CERTAIN LOANS PROVIDING NO NET TAN- the loan, to exceed a percentage established by incurred as a result of the violation and in con- GIBLE BENEFIT.—A residential mortgage loan regulation of the consumer’s monthly gross in- nection with obtaining a rescission of the loan, that involves a refinancing of a prior existing come or such other maximum percentage of such including a reasonable attorney’s fee.

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 6333 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5329

‘‘(B) CURE.—A creditor shall not be liable for met by providing the financial equivalent of a shall provide that notice given to a servicer or rescission under subparagraph (A) with respect rescission, together with such additional costs holder is sufficient notice regardless of the iden- to a residential mortgage loan if, no later than as the obligor may have incurred as a result of tity of the party or the parties liable under this 90 days after the receipt of notification from the the violation and in connection with obtaining title.’’. consumer that the loan violates subsection (a) or a rescission of the loan, including a reasonable SEC. 205. DEFENSE TO FORECLOSURE. (b), the creditor provides a cure. attorney’s fee. Section 129C of the Truth in Lending Act is ‘‘(2) LIMITED ASSIGNEE AND SECURITIZER LI- ‘‘(8) NO CLASS ACTIONS AGAINST ASSIGNEE OR amended by inserting after subsection (f) (as ABILITY.—Notwithstanding sections 125(e) and SECURITIZER UNDER PARAGRAPH (2).—Only indi- added by section 204) the following new sub- 131 and except as provided in paragraph (3), a vidual actions may be brought against an as- sections: civil action which may be maintained against a signee or securitizer of a residential mortgage ‘‘(g) DEFENSE TO FORECLOSURE.—Notwith- creditor with respect to a residential mortgage loan for a violation of subsection (a) or (b). standing any other provision of law— loan for a violation of subsection (a) or (b) may ‘‘(9) STATUTE OF LIMITATIONS.—The liability ‘‘(1) when the holder of a residential mortgage be maintained against any assignee or of a creditor, assignee, or securitizer under this loan or anyone acting for such holder initiates securitizer of such residential mortgage loan, subsection shall apply in any original action a judicial or nonjudicial foreclosure— who has acted in good faith, for the following against a creditor under paragraph (1) or an as- ‘‘(A) a consumer who has the right to rescind liabilities only: signee or securitizer under paragraph (2) which under this section with respect to such loan ‘‘(A) Rescission of the loan. is brought before— against the creditor or any assignee or ‘‘(B) Such additional costs as the obligor may ‘‘(A) in the case of any residential mortgage securitizer may assert such right as a defense to have incurred as a result of the violation and in loan other than a loan to which subparagraph foreclosure or counterclaim to such foreclosure connection with obtaining a rescission of the (B) applies, the end of the 3-year period begin- against the holder, or loan, including a reasonable attorney’s fee. ning on the date the loan is consummated; or ‘‘(B) if the foreclosure proceeding begins after ‘‘(3) ASSIGNEE AND SECURITIZER EXEMPTION.— ‘‘(B) in the case of a residential mortgage loan the end of the period during which a consumer No assignee or securitizer of a residential mort- that provides for a fixed interest rate for an in- may bring an action for rescission under sub- gage loan that has exercised reasonable due dili- troductory period and then resets or adjusts to section (d) and the consumer would have had a gence in complying with the requirements of a variable rate or that provides for a nonamor- valid basis for such an action if it had been subsections (a) and (b) shall be liable under tizing payment schedule and then converts to brought before the end of such period, the con- paragraph (2) with respect to such loan if, no an amortizing payment schedule, the earlier of— sumer may seek actual damages incurred by rea- later than 90 days after the receipt of notifica- ‘‘(i) the end of the 1-year period beginning on son of the violation which gave rise to the right tion from the consumer that the loan violates the date of such reset, adjustment, or conver- of rescission, together with costs of the action, subsection (a) or (b), the assignee or securitizer sion; or including a reasonable attorney’s fee against ‘‘(ii) the end of the 6-year period beginning on provides a cure so that the loan satisfies the re- the creditor or any assignee or securitizer; and the date the loan is consummated. quirements of subsections (a) and (b). ‘‘(2) such holder or anyone acting for such ‘‘(4) ABSENT PARTIES.— ‘‘(10) POOLS AND INVESTORS IN POOLS EX- holder or any other applicable third party may ‘‘(A) ABSENT CREDITOR.—Notwithstanding the CLUDED.—In the case of residential mortgage sell, transfer, convey, or assign a residential exemption provided in paragraph (3), if the loans acquired or aggregated for the purpose of mortgage loan to a creditor, any assignee, or creditor with respect to a residential mortgage including such loans in a pool of assets held for any securitizer, or their designees, to effect a re- loan made in violation of subsection (a) or (b) the purpose of issuing or selling instruments scission or cure.’’. has ceased to exist as a matter of law or has representing interests in such pools including filed for bankruptcy protection under title 11, through a securitization vehicle, the terms ‘as- SEC. 206. ADDITIONAL STANDARDS AND RE- United States Code, or has had a receiver, con- signee’ and ‘securitizer’, as used in this section, QUIREMENTS. servator, or liquidating agent appointed, a condo not include the securitization vehicle, the (a) IN GENERAL.—Section 129C of the Truth in sumer may maintain a civil action against an pools of such loans or any original or subse- Lending Act is amended by inserting after sub- assignee to cure the residential mortgage loan, quent purchaser of any interest in the section (g) (as added by section 205) the fol- plus the costs and reasonable attorney’s fees in- securitization vehicle or any instrument rep- lowing new subsections: curred in obtaining such remedy. resenting a direct or indirect interest in such ‘‘(h) PROHIBITION ON CERTAIN PREPAYMENT ‘‘(B) ABSENT CREDITOR AND ASSIGNEE.—Not- pool. PENALTIES.— ROHIBITED ON CERTAIN LOANS withstanding the exemption provided in para- ‘‘(e) OBLIGATION OF SECURITIZERS, AND PRES- ‘‘(1) P .—A resi- graph (3), if the creditor with respect to a resi- ERVATION OF BORROWER REMEDIES.— dential mortgage loan that is not a ‘qualified dential mortgage loan made in violation of sub- ‘‘(1) OBLIGATION TO RETAIN ACCESS.—Any mortgage’ may not contain terms under which a section (a) or (b) and each assignee of such loan securitizer of a residential mortgage loan sold or consumer must pay a prepayment penalty for have ceased to exist as a matter of law or have to be sold as part of a securitization vehicle paying all or part of the principal after the loan filed for bankruptcy protection under title 11, shall, in any document or contract providing for is consummated. For purposes of this subsection, United States Code, or have had receivers, con- the transfer, conveyance, or the establishment a ‘qualified mortgage’ may not include a resi- servators, or liquidating agents appointed, the of such securitization vehicle, reserve the right dential mortgage loan that has an adjustable consumer may maintain the civil action referred and preserve the ability— rate. to in subparagraph (A) against the securitizer. ‘‘(A) to identify and obtain access to any such ‘‘(2) PHASED-OUT PENALTIES ON QUALIFIED ‘‘(5) CURE DEFINED.—For purposes of this sub- loan; MORTGAGES.—A qualified mortgage (as defined section, the term ‘cure’ means, with respect to a ‘‘(B) to acquire any such loan in the event of in subsection (c)) may not contain terms under residential mortgage loan that violates sub- a violation of subsections (a) or (b) of this sec- which a consumer must pay a prepayment pen- section (a) or (b), the modification or refi- tion; and alty for paying all or part of the principal after nancing, at no cost to the consumer, of the loan ‘‘(C) to provide to the consumer any and all the loan is consummated in excess of the fol- to provide terms that satisfy the requirements of remedies provided for under this title for any lowing limitations: subsections (a) and (b) and the payment of such violation of this title. ‘‘(A) During the 1-year period beginning on additional costs as the obligor may have in- ‘‘(2) ADDITIONAL DAMAGES.—Any creditor, as- the date the loan is consummated, the prepay- curred in connection with obtaining a cure of signee, or securitizer of a residential mortgage ment penalty shall not exceed an amount equal the loan, including a reasonable attorney’s fee. loan that is subject to a remedy under sub- to 3 percent of the outstanding balance on the ‘‘(6) DISAGREEMENT OVER CURE.—If any cred- section (d) and has failed to comply with para- loan. itor, assignee, or securitizer and a consumer fail graph (1) shall be subject to additional exem- ‘‘(B) During the 1-year period beginning after to reach agreement on a cure with respect to a plary or punitive damages not to exceed the the period described in subparagraph (A), the residential mortgage loan that violates sub- original principal balance of such loan. prepayment penalty shall not exceed an amount section (a) or (b), or the consumer fails to accept ‘‘(3) CONTACT INFORMATION NOTICE.—The equal to 2 percent of the outstanding balance on a cure proffered by a creditor, assignee, or servicer with respect to a residential mortgage the loan. securitizer— loan shall provide a written notice to a con- ‘‘(C) During the 1-year period beginning after ‘‘(A) the creditor, assignee, or securitizer may sumer identifying the name and contact infor- the 1-year period described in subparagraph (B), provide the cure; and mation of the creditor or any assignee or the prepayment penalty shall not exceed an ‘‘(B) the consumer may challenge the ade- securitizer who should be contacted by the con- amount equal to 1 percent of the outstanding quacy of the cure during the 6-month period be- sumer for any reason concerning the consumer’s balance on the loan. ginning when the cure is provided. rights with respect to the loan. Such notice shall ‘‘(D) After the end of the 3-year period begin- If the consumer’s challenge, under this para- be provided— ning on the date the loan is consummated, no graph, of a cure is successful, the creditor, as- ‘‘(A) upon request of the consumer; prepayment penalty may be imposed on a quali- signee, or securitizer shall be liable to the con- ‘‘(B) whenever there is a change in ownership fied mortgage. sumer for rescission of the loan and such addi- of a residential mortgage loan; or ‘‘(3) PROHIBITED AFTER INITIAL PERIOD ON tional costs under paragraph (2). ‘‘(C) on a regular basis, not less than annu- LOANS WITH A RESET.—A qualified mortgage ‘‘(7) INABILITY TO PROVIDE OR OBTAIN RESCIS- ally. with a fixed interest rate for an introductory pe- SION.—If a creditor, assignee, or securitizer can- ‘‘(f) RULES TO ESTABLISH PROCESS.—The riod that adjusts or resets after such period may not provide, or a consumer cannot obtain, re- Board shall promulgate rules to govern the re- not contain terms under which a consumer must scission under paragraph (1) or (2), the liability scission process established for violations of sub- pay a prepayment penalty for paying all or part of such creditor, assignee, or securitizer shall be sections (a) and (b) of this section. Such rules of the principal after the beginning of the 3-

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 6333 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5330 CONGRESSIONAL RECORD — HOUSE May 7, 2009 month period ending on the date of the adjust- ‘‘(B) describes negative amortization in such (2) shall take effect not later than 18 months ment or reset. manner as the Federal banking agencies shall after the date of the enactment of this Act. ‘‘(4) OPTION FOR NO PREPAYMENT PENALTY RE- prescribe; SEC. 210. AMENDMENTS TO CIVIL LIABILITY PRO- QUIRED.—A creditor may not offer a consumer a ‘‘(C) negative amortization increases the out- VISIONS. residential mortgage loan product that has a standing principal balance of the account; and (a) INCREASE IN AMOUNT OF CIVIL MONEY prepayment penalty for paying all or part of the ‘‘(D) negative amortization reduces the con- PENALTIES FOR CERTAIN VIOLATIONS.—Section principal after the loan is consummated as a sumer’s equity in the dwelling or real property; 130(a)(2) of the Truth in Lending Act (15 U.S.C. term of the loan without offering the consumer and 1640(a)(2)) is amended— a residential mortgage loan product that does ‘‘(2) in the case of a first-time borrower with (1) by striking ‘‘$100’’ and inserting ‘‘$200’’; not have a prepayment penalty as a term of the respect to a residential mortgage loan that is not (2) by striking ‘‘$1,000’’ and inserting loan. a qualified mortgage, the first-time borrower ‘‘$2,000’’; and ‘‘(i) SINGLE PREMIUM CREDIT INSURANCE PRO- provides the creditor with sufficient documenta- (3) by striking ‘‘$500,000’’ and inserting HIBITED.—No creditor may finance, directly or tion to demonstrate that the consumer received ‘‘$1,000,000’’. indirectly, in connection with any residential homeownership counseling from organizations (b) STATUTE OF LIMITATIONS EXTENDED FOR mortgage loan or with any extension of credit or counselors certified by the Secretary of Hous- SECTION 129 VIOLATIONS.—Section 130(e) of the under an open end consumer credit plan secured ing and Urban Development as competent to Truth in Lending Act (15 U.S.C. 1640(e)) is by the principal dwelling of the consumer (other provide such counseling.’’. amended— than a reverse mortgage), any credit life, credit (b) CONFORMING AMENDMENT RELATING TO (1) in the first sentence, by striking ‘‘Any ac- disability, credit unemployment or credit prop- ENFORCEMENT.—Section 108(a) of the Truth in tion’’ and inserting ‘‘Except as provided in the erty insurance, or any other accident, loss-of-in- Lending Act (15 U.S.C. 1607(a)) is amended by subsequent sentence, any action’’; and come, life or health insurance, or any payments inserting after paragraph (6) the following new (2) by inserting after the first sentence the fol- directly or indirectly for any debt cancellation paragraph: lowing new sentence: ‘‘Any action under this ‘‘(7) sections 21B and 21C of the Securities Ex- or suspension agreement or contract, except section with respect to any violation of section change Act of 1934, in the case of a broker or that— 129 may be brought in any United States district dealer, other than a depository institution, by ‘‘(1) insurance premiums or debt cancellation court, or in any other court of competent juris- the Securities and Exchange Commission.’’. or suspension fees calculated and paid in full on diction, before the end of the 3-year period be- a monthly basis shall not be considered financed SEC. 207. RULE OF CONSTRUCTION. ginning on the date of the occurrence of the vio- Except as otherwise expressly provided in sec- by the creditor; and lation.’’. tion 129B or 129C of the Truth in Lending Act ‘‘(2) this subsection shall not apply to credit SEC. 211. LENDER RIGHTS IN THE CONTEXT OF (as added by this Act), no provision of such sec- unemployment insurance for which the unem- BORROWER DECEPTION. tion 129B or 129C shall be construed as super- ployment insurance premiums are reasonable, Section 130 of the Truth in Lending Act is seding, repealing, or affecting any duty, right, the creditor receives no direct or indirect com- amended by adding at the end the following obligation, privilege, or remedy of any person pensation in connection with the unemployment new subsection: under any other provision of the Truth in Lend- insurance premiums, and the unemployment in- ‘‘(k) EXEMPTION FROM LIABILITY AND RESCIS- ing Act or any other provision of Federal or surance premiums are paid pursuant to another SION IN CASE OF BORROWER FRAUD OR DECEP- State law. insurance contract and not paid to an affiliate TION.—In addition to any other remedy avail- of the creditor. SEC. 208. EFFECT ON STATE LAWS. able by law or contract, no creditor, assignee, or (a) IN GENERAL.—Except as provided in sub- ‘‘(j) ARBITRATION.— securitizer shall be liable to an obligor under section (b), section 129C(d) of the Truth in ‘‘(1) IN GENERAL.—No residential mortgage this section, nor shall it be subject to the right loan and no extension of credit under an open Lending Act (as added by section 204) shall su- of rescission of any obligor under 129B, if such end consumer credit plan secured by the prin- persede any State law to the extent that it pro- obligor, or co-obligor, knowingly, or willfully cipal dwelling of the consumer, other than a re- vides additional remedies against any assignee, and with actual knowledge furnished material verse mortgage, may include terms which require securitizer, or securitization vehicle for a viola- information known to be false for the purpose of arbitration or any other nonjudicial procedure tion of subsection (a) or (b) of section 129C of obtaining such residential mortgage loan.’’. such Act or any other State law the terms of as the method for resolving any controversy or SEC. 212. SIX-MONTH NOTICE REQUIRED BEFORE settling any claims arising out of the trans- which address the specific subject matter of sub- RESET OF HYBRID ADJUSTABLE action. section (a) (determination of ability to repay) or RATE MORTGAGES. (b) (requirement of a net tangible benefit) of sec- ‘‘(2) POST-CONTROVERSY AGREEMENTS.—Sub- (a) IN GENERAL.—Chapter 2 of the Truth in tion 129C of such Act, and the remedies de- ject to paragraph (3), paragraph (1) shall not be Lending Act (15 U.S.C. 1631 et seq.) is amended scribed in section 129C(d) shall constitute the construed as limiting the right of the consumer by inserting after section 128 the following new sole remedies against any assignee, securitizer, and the creditor, any assignee, or any section: or securitization vehicle for such violations. securitizer to agree to arbitration or any other ‘‘§ 128A. Reset of hybrid adjustable rate mort- (b) RULES OF CONSTRUCTION.—No provision of nonjudicial procedure as the method for resolv- gages this section shall be construed as limiting— ing any controversy at any time after a dispute (1) the application of any State law, or the ‘‘(a) HYBRID ADJUSTABLE RATE MORTGAGES or claim under the transaction arises. availability of remedies under such law, against DEFINED.—For purposes of this section, the term ‘‘(3) NO WAIVER OF STATUTORY CAUSE OF AC- a creditor for a particular residential mortgage ‘hybrid adjustable rate mortgage’ means a con- TION.—No provision of any residential mortgage loan regardless of whether such creditor also sumer credit transaction secured by the con- loan or of any extension of credit under an open acts as an assignee, securitizer, or securitization sumer’s principal residence with a fixed interest end consumer credit plan secured by the prin- vehicle for such loan; rate for an introductory period that adjusts or cipal dwelling of the consumer (other than a re- (2) the application of any State law, or the resets to a variable interest rate after such pe- verse mortgage), and no other agreement be- availability of remedies under such law, against riod. tween the consumer and the creditor relating to an assignee, securitizer, or securitization vehicle ‘‘(b) NOTICE OF RESET AND ALTERNATIVES.— the residential mortgage loan or extension of under State law, other than a provision of such During the 1-month period that ends 6 months credit referred to in paragraph (1), shall be ap- law the terms of which address the specific sub- before the date on which the interest rate in ef- plied or interpreted so as to bar a consumer from ject matter of subsection (a) (determination of fect during the introductory period of a hybrid bringing an action in an appropriate district ability to repay) or (b) (requirement of a net adjustable rate mortgage adjusts or resets to a court of the United States, or any other court of tangible benefit) of section 129C of such Act; variable interest rate or, in the case of such an competent jurisdiction, pursuant to section 130 (3)(A) the application of any State law, or the adjustment or resetting that occurs within the or any other provision of law, for damages or availability of remedies under such law, against first 6 months after consummation of such loan, other relief in connection with any alleged vio- an assignee, securitizer or securitization vehicle at consummation, the creditor or servicer of lation of this section, any other provision of this for its participation in or direction of the credit such loan shall provide a written notice, sepa- title, or any other Federal law. or underwriting decisions of a creditor relating rate and distinct from all other correspondence ‘‘(k) MORTGAGES WITH NEGATIVE AMORTIZA- to the making of a residential mortgage loan; or to the consumer, that includes the following: TION.—No creditor may extend credit to a bor- (B) the ability of a consumer to assert any ‘‘(1) Any index or formula used in making ad- rower in connection with a consumer credit rights against or obtain any remedies from an justments to or resetting the interest rate and a transaction under an open or closed end con- assignee, securitizer or securitization vehicle source of information about the index or for- sumer credit plan secured by a dwelling or resi- with respect to a residential mortgage loan as a mula. dential real property that includes a dwelling, defense to foreclosure under section 129C(g); or ‘‘(2) An explanation of how the new interest other than a reverse mortgage, that provides or (4) the availability of any equitable remedies, rate and payment would be determined, includ- permits a payment plan that may, at any time including injunctive relief, under State law. ing an explanation of how the index was ad- over the term of the extension of credit, result in SEC. 209. REGULATIONS. justed, such as by the addition of a margin. negative amortization unless, before such trans- Regulations required or authorized to be pre- ‘‘(3) A good faith estimate, based on accepted action is consummated— scribed under this title or the amendments made industry standards, of the creditor or servicer of ‘‘(1) the creditor provides the consumer with a by this title— the amount of the monthly payment that will statement that— (1) shall be prescribed in final form before the apply after the date of the adjustment or reset, ‘‘(A) the pending transaction will or may, as end of the 12-month period beginning on the and the assumptions on which this estimate is the case may be, result in negative amortization; date of the enactment of this Act; and based.

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 6333 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5331 ‘‘(4) A list of alternatives consumers may pur- ‘‘(B) facilitate appropriate risk management ‘‘(G) Such other information as the Board sue before the date of adjustment or reset, and practices by mortgage lenders, or improve access may prescribe in regulations. descriptions of the actions consumers must take of consumers to mortgage credit on reasonable ‘‘(2) DEVELOPMENT AND USE OF STANDARD to pursue these alternatives, including— terms. FORM.—The Federal banking agencies shall ‘‘(A) refinancing; ‘‘(m) Section 129C and any regulations pro- jointly develop and prescribe a standard form ‘‘(B) renegotiation of loan terms; mulgated thereunder do not apply to an exten- for the disclosure required under this sub- ‘‘(C) payment forbearances; and sion of credit relating to a plan described in sec- section, taking into account that the statements ‘‘(D) pre-foreclosure sales. tion 101(53D) of title 11, United States Code.’’. required may be transmitted in writing or elec- ‘‘(5) The names, addresses, telephone num- SEC. 214. REQUIRED DISCLOSURES. tronically.’’. bers, and Internet addresses of counseling agen- (a) ADDITIONAL INFORMATION.—Section 128(a) SEC. 216. LEGAL ASSISTANCE FOR FORECLOSURE- cies or programs reasonably available to the of Truth in Lending Act (15 U.S.C. 1638(a)) is RELATED ISSUES. consumer that have been certified or approved amended by adding at the end the following (a) ESTABLISHMENT.—The Secretary of Hous- and made publicly available by the Secretary of new paragraphs: ing and Urban Development (hereafter in this Housing and Urban Development or a State ‘‘(16) In the case of a variable rate residential section referred to as the ‘‘Secretary’’ shall es- housing finance authority (as defined in section mortgage loan for which an escrow or impound tablish a program for making grants for pro- 1301 of the Financial Institutions Reform, Re- account will be established for the payment of viding a full range of foreclosure legal assist- covery, and Enforcement Act of 1989). all applicable taxes, insurance, and assess- ance to low- and moderate-income homeowners ‘‘(6) The address, telephone number, and ments— and tenants related to home ownership preser- Internet address for the State housing finance ‘‘(A) the amount of initial monthly payment vation, home foreclosure prevention, and ten- authority (as so defined) for the State in which due under the loan for the payment of principal ancy associated with home foreclosure. (b) COMPETITIVE ALLOCATION.—The Secretary the consumer resides.’’. and interest, and the amount of such initial shall allocate amounts made available for grants (b) CLERICAL AMENDMENT.—The table of sec- monthly payment including the monthly pay- under this section to State and local legal orga- tions for chapter 2 of the Truth in Lending Act ment deposited in the account for the payment nizations on the basis of a competitive process. is amended by inserting after the item relating of all applicable taxes, insurance, and assess- For purposes of this subsection ‘‘State and local to section 128 the following new item: ments; and legal organizations’’ are those State and local ‘‘128A. Reset of hybrid adjustable rate mort- ‘‘(B) the amount of the fully indexed monthly organizations whose primary business or mission gages.’’. payment due under the loan for the payment of is to provide legal assistance. SEC. 213. CREDIT RISK RETENTION. principal and interest, and the amount of such (c) PRIORITY TO CERTAIN AREAS.—In allo- Section 129C of the Truth in Lending Act is fully indexed monthly payment including the cating amounts in accordance with subsection amended by inserting after subsection (k) (as monthly payment deposited in the account for (b), the Secretary shall give priority consider- added by section 206) the following new sub- the payment of all applicable taxes, insurance, ation to State and local legal organizations that section: and assessments. are operating in the 100 metropolitan statistical ‘‘(l) CREDIT RISK RETENTION.— ‘‘(17) In the case of a residential mortgage areas (as that term is defined by the Director of ‘‘(1) IN GENERAL.—The Federal banking agen- loan, the aggregate amount of settlement the Office of Management and Budget) with the cies shall prescribe regulations jointly to require charges for all settlement services provided in highest home foreclosure rates. any creditor that makes a residential mortgage connection with the loan, the amount of charges (d) LEGAL ASSISTANCE.— loan that is not a qualified mortgage (as defined that are included in the loan and the amount of (1) IN GENERAL.—Any State or local legal or- in section 129C(c)(2)(A)), to retain an economic such charges the borrower must pay at closing, ganization that receives financial assistance interest in a material portion of the credit risk the approximate amount of the wholesale rate of pursuant to this section may use such amounts for any such loan that the creditor transfers, funds in connection with the loan, and the ag- only to assist— sells or conveys to a third party. gregate amount of other fees or required pay- (A) homeowners of owner-occupied homes ‘‘(2) STANDARDS FOR REGULATIONS.—Regula- ments in connection with the loan. with mortgages in default, in danger of default, tions prescribed under paragraph (1) shall— ‘‘(18) In the case of a residential mortgage or subject to or at risk of foreclosure; and ‘‘(A) apply only to residential mortgage loans loan, the aggregate amount of fees paid to the (B) tenants at risk of or subject to eviction as that are not qualified mortgages (as so defined); mortgage originator in connection with the a result of foreclosure of the property in which ‘‘(B) prohibit creditors from directly or indi- loan, the amount of such fees paid directly by such tenant resides. rectly hedging or otherwise transferring the the consumer, and any additional amount re- (2) COMMENCE USE WITHIN 90 DAYS.—Any State credit risk creditors are required to retain under ceived by the originator from the creditor.’’. or local legal organization that receives finan- the regulations with respect to any residential (b) TIMING.—Section 128(b) of the Truth in cial assistance pursuant to this section shall mortgage loan; Lending Act (15 U.S.C. 1638(b)) is amended by begin using any financial assistance received ‘‘(C) require creditors to retain at least 5 per- adding at the end the following new paragraph: under this section within 90 days after receipt of cent of the credit risk on any non-qualified ‘‘(4) RESIDENTIAL MORTGAGE LOAN DISCLO- the assistance. mortgage that is transferred, sold or conveyed; SURES.—In the case of a residential mortgage (3) PROHIBITION ON CLASS ACTIONS.—No funds and loan, the information required to be disclosed provided to a State or local legal organization ‘‘(D) specify the permissible forms of the re- under subsection (a) with respect to such loan under this section may be used to support any quired risk retention (for example, first loss posi- shall be disclosed before the earlier of— class action litigation. tion or pro rata vertical slice) and the minimum ‘‘(A) the time required under the first sentence (4) LIMITATION ON LEGAL ASSISTANCE.—Legal duration of the required risk retention. of paragraph (1); or assistance funded with amounts provided under ‘‘(3) EXCEPTIONS AND ADJUSTMENTS.— ‘‘(B) the end of the 3-business-day period be- this section shall be limited to mortgage-related ‘‘(A) IN GENERAL.—The Federal banking agen- ginning on the date the application for the loan default, eviction, or foreclosure proceedings, cies shall have authority to provide exceptions from a consumer is received by the creditor.’’. without regard to whether such foreclosure is or adjustments to the requirements of this sub- SEC. 215. DISCLOSURES REQUIRED IN MONTHLY judicial or nonjudicial. section, including exceptions or adjustments re- STATEMENTS FOR RESIDENTIAL (5) EFFECTIVE DATE.—Notwithstanding section lating to the 5 percent risk retention threshold MORTGAGE LOANS. 217, this subsection shall take effect on the date and the hedging prohibition. Section 128 of the Truth in Lending Act (15 of the enactment of this Act. ‘‘(B) APPLICABLE STANDARDS.—Any exceptions U.S.C. 1638) is amended by adding at the end (e) LIMITATION ON DISTRIBUTION OF ASSIST- or adjustments granted by the Federal banking the following new subsection: ANCE.— (1) IN GENERAL.—None of the amounts made agencies shall— ‘‘(f) PERIODIC STATEMENTS FOR RESIDENTIAL available under this section shall be distributed ‘‘(i) be consistent with the purpose of this sub- MORTGAGE LOANS.— to— section to help ensure high quality underwriting ‘‘(1) IN GENERAL.—The creditor, assignee, or (A) any organization which has been indicted standards for mortgage lenders; and servicer with respect to any residential mortgage for a violation under Federal law relating to an ‘‘(ii) facilitate appropriate risk management loan shall transmit to the obligor, for each bill- election for Federal office; or practices by mortgage lenders, improve access of ing cycle, a statement setting forth each of the (B) any organization which employs applica- consumers to mortgage credit on reasonable following items, to the extent applicable, in a ble individuals. terms, or otherwise serve the public interest. conspicuous and prominent manner: (2) DEFINITION OF APPLICABLE INDIVIDUAL.— ‘‘(4) ALTERNATIVE RISK RETENTION FOR ‘‘(A) The amount of the principal obligation In this subparagraph, the term ‘‘applicable indi- SECURITIZATION SPONSORS.—The Federal bank- under the mortgage. vidual’’ means an individual who— ing agencies shall have discretion to apply the ‘‘(B) The current interest rate in effect for the (A) is— risk retention requirements of this subsection to loan. (i) employed by the organization in a perma- securitizers of non-qualified mortgages in addi- ‘‘(C) The date on which the interest rate may nent or temporary capacity; tion to or in place of creditors that make non- next reset or adjust. (ii) contracted or retained by the organiza- qualified mortgages if the agencies determine ‘‘(D) The amount of any prepayment fee to be tion; or that applying the requirements to securitization charged, if any. (iii) acting on behalf of, or with the express or sponsors rather than originators would— ‘‘(E) A description of any late payment fees. apparent authority of, the organization; and ‘‘(A) be consistent with the purpose of this ‘‘(F) A telephone number and electronic mail (B) has been indicted for a violation under subsection to help ensure high quality under- address that may be used by the obligor to ob- Federal law relating to an election for Federal writing standards for mortgage lenders; and tain information regarding the mortgage. office.

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 6333 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5332 CONGRESSIONAL RECORD — HOUSE May 7, 2009

(f) AUTHORIZATION OF APPROPRIATIONS.— ject to the provision by the immediate successor agency may use funds that would have been There are authorized to be appropriated to the in interest and the receipt by the tenant in the used to pay the rental amount on behalf of the Secretary $35,000,000 for each of fiscal years 2009 unit, of a notice to vacate at least 90 days before family— through 2012 for grants under this section. the effective date of such notice. ‘‘(i) to pay for utilities that are the responsi- SEC. 217. EFFECTIVE DATE. (2) EXCEPTION FOR SUBSEQUENT OWNER-OCCU- bility of the owner under the lease or applicable The amendments made by this title shall apply PANT.—Notwithstanding paragraph (1), if the law, after taking reasonable steps to notify the to transactions consummated on or after the ef- immediate successor in interest of any dwelling owner that it intends to make payments to a fective date of the regulations specified in sec- or residential real property that is otherwise utility provider in lieu of payments to the tion 209. subject to paragraph (1) is a purchaser who will owner, except prior notification shall not be re- SEC. 218. REPORT BY THE GAO. occupy a unit of the dwelling or residential real quired in any case in which the unit will be or property as a primary residence, or such suc- has been rendered uninhabitable due to the ter- (a) REPORT REQUIRED.—The Comptroller Gen- eral shall conduct a study to determine the ef- cessor in interest sells the dwelling or residential mination or threat of termination of service, in fects the enactment of this Act will have on the real property to a purchaser who will occupy a which case the public housing agency shall no- availability and affordability of credit for home- unit of the dwelling or residential real property, tify the owner within a reasonable time after buyers and mortgage lending, including the ef- as a primary residence— making such payment; or (A) such purchaser may terminate a lease re- ‘‘(ii) for the family’s reasonable moving costs, fect— including security deposit costs; (1) on the mortgage market for mortgages that lating to such unit on the effective date of a no- are not within the safe harbor provided in the tice to vacate; and except that this subparagraph and the provi- (B) such notice to vacate shall be provided by amendments made by this title; sions related to foreclosure in subparagraph (C) the purchaser to the tenant in such unit at least (2) on the ability of prospective homebuyers to shall not affect any State or local law that pro- 90 days before the effective date of such notice. obtain financing; vides longer time periods or other additional (3) BONA FIDE LEASE OR TENANCY.—For pur- (3) on the ability of homeowners facing resets protections for tenants.’’. poses of this subsection, a lease or tenancy shall or adjustments to refinance—for example, do (c) EFFECTIVE DATE.—Notwithstanding sec- be considered bona fide only if— they have fewer refinancing options due to the tion 217, this section and the amendments made (A) the mortgagor under the contract is not unavailability of certain loan products that by this section shall take effect on the date of the tenant; the enactment of this Act. were available before the enactment of this Act; (B) the lease or tenancy was the result of an (4) on minorities’ ability to access affordable TITLE III—HIGH-COST MORTGAGES arms-length transaction; and credit compared with other prospective bor- (C) the lease or tenancy requires the receipt of SEC. 301. DEFINITIONS RELATING TO HIGH-COST rowers; rent that is not substantially less than fair mar- MORTGAGES. (5) on home sales and construction; ket rent for the property or the unit’s rent is re- (a) HIGH-COST MORTGAGE DEFINED.—Section (6) of extending the rescission right, if any, on duced or subsidized due to a Federal, State, or 103(aa) of the Truth in Lending Act (15 U.S.C. adjustable rate loans and its impact on litiga- local subsidy. 1602(aa)) is amended by striking all that pre- tion; (4) RULE OF CONSTRUCTION.—Except for the cedes paragraph (2) and inserting the following: ‘‘(aa) HIGH-COST MORTGAGE.— (7) of State foreclosure laws and, if any, an specific provisions of this subsection, no provi- ‘‘(1) DEFINITION.— investor’s ability to transfer a property after sion of this subsection shall be construed as af- ‘‘(A) IN GENERAL.—The term ‘high-cost mort- foreclosure; fecting the requirements for termination of any (8) of expanding the existing provisions of the gage’, and a mortgage referred to in this sub- Federal- or State-subsidized tenancy. The provi- Home Ownership and Equity Protection Act of section, means a consumer credit transaction sions of this subsection shall not be construed to 1994; that is secured by the consumer’s principal limit any State or local law that provides longer (9) of prohibiting prepayment penalties on dwelling, other than a reverse mortgage trans- time periods or other additional protections for high-cost mortgages; and action, if— tenants. (10) of establishing counseling services under ‘‘(i) in the case of a credit transaction se- (b) CORRESPONDING PROVISION RELATING TO the Department of Housing and Urban Develop- cured— EFFECT OF FORECLOSURES ON SECTION 8 TENAN- ment and offered through the Office of Housing ‘‘(I) by a first mortgage on the consumer’s CIES.—Paragraph (7) of section 8(o) of the Counseling. principal dwelling, the annual percentage rate United States Housing Act of 1937 (42 U.S.C. (b) REPORT.—Before the end of the 1-year pe- at consummation of the transaction will exceed 1437f(o)(7)) is amended— riod beginning on the date of the enactment of by more than 6.5 percentage points (8.5 percent- (1) in subparagraph (C), by inserting before age points, if the dwelling is personal property this Act, the Comptroller General shall submit a the semicolon at the end the following: ‘‘, and in report to the Congress containing the findings and the transaction is for less than $50,000) the the case of an owner who is an immediate suc- average prime offer rate, as defined in section and conclusions of the Comptroller General with cessor in interest pursuant to foreclosure— respect to the study conducted pursuant to sub- 129C(c)(2)(B), for a comparable transaction; or ‘‘(i) during the initial term of the tenant’s ‘‘(II) by a subordinate or junior mortgage on section (a). lease, having the property vacant prior to sale (c) EXAMINATION RELATED TO CERTAIN CREDIT the consumer’s principal dwelling, the annual shall not constitute good cause; and percentage rate at consummation of the trans- RISK RETENTION PROVISIONS.—The report re- ‘‘(ii) in subsequent lease terms of the tenant’s quired by subsection (b) shall also include an action will exceed by more than 8.5 percentage lease, who will occupy the unit as a primary points the average prime offer rate, as defined analysis by the Comptroller General of the effect residence, who sells the property to a purchaser on the capital reserves and funding of lenders of in section 129C(c)(2)(B), for a comparable trans- who will occupy a unit of the property as a pri- action; credit risk retention provisions for non-qualified mary residence, or if the unit is unmarketable mortgages. ‘‘(ii) the total points and fees payable in con- while occupied, such owner may terminate a nection with the transaction exceed— SEC. 219. STATE ATTORNEY GENERAL ENFORCE- lease relating to such unit for good cause on the ‘‘(I) in the case of a transaction for $20,000 or MENT AUTHORITY. effective date of the notice to vacate, where more, 5 percent of the total transaction amount; Section 130(e) of the Truth in Lending Act (15 such notice is provided by the owner to the ten- or U.S.C. 1640(e)) is amended by striking ‘‘section ant in such unit at least 90 days before the ef- ‘‘(II) in the case of a transaction for less than 129 may also’’ and inserting ‘‘section 129, 129B, fective date of such notice;’’. $20,000, the lesser of 8 percent of the total trans- or 129C of this Act, section 219 of the Mortgage (2) in subparagraph (E), by striking ‘‘and’’ at action amount or $1,000 (or such other dollar Reform and Anti-Predatory Lending Act, or any the end; amount as the Board shall prescribe by regula- amendment made by section 219 of the Mortgage (3) by redesignating subparagraph (F) as sub- tion); or Reform and Anti-Predatory Lending Act may paragraph (G); and ‘‘(iii) the credit transaction documents permit also’’. (4) by inserting after subparagraph (E) the the creditor to charge or collect prepayment fees SEC. 220. TENANT PROTECTION. following: or penalties more than 36 months after the (a) TENANT PROTECTION GENERALLY.— ‘‘(F) shall provide that in the case of any transaction closing or such fees or penalties ex- (1) IN GENERAL.—In the case of any fore- foreclosure on any residential real property in ceed, in the aggregate, more than 2 percent of closure on any dwelling or residential real prop- which a recipient of assistance under this sub- the amount prepaid. erty, after the date of the enactment of the section resides, the immediate successor in inter- ‘‘(B) INTRODUCTORY RATES TAKEN INTO AC- Mortgage Reform and Anti-Predatory Lending est in such property pursuant to the foreclosure COUNT.—For purposes of subparagraph (A)(i), Act, the immediate successor in interest in such shall assume such interest subject to the lease the annual percentage rate of interest shall be property pursuant to the foreclosure shall as- between the prior owner and the tenant and to determined based on the following interest rate: sume such interest subject to— the housing assistance payments contract be- ‘‘(i) In the case of a fixed-rate transaction in (A) except as provided in paragraph (2), the tween the prior owner and the public housing which the annual percentage rate will not vary rights of any bona fide tenant, as of the date of agency for the occupied unit; if a public housing during the term of the loan, the interest rate in foreclosure under any bona fide lease entered agency is unable to make payments under the effect on the date of consummation of the trans- into before the date of foreclosure, to occupy the contract to the immediate successor in interest action. premises until the end of the remaining term of after foreclosure, due to action or inaction by ‘‘(ii) In the case of a transaction in which the the lease; and the successor in interest, including the rejection rate of interest varies solely in accordance with (B) the rights of any bona fide tenant, as of of payments or the failure of the successor to an index, the interest rate determined by adding the date of foreclosure, without a lease or with maintain the unit in compliance with paragraph the index rate in effect on the date of con- a lease terminable at will under State law, sub- (8) or an inability to identify the successor, the summation of the transaction to the maximum

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 6333 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5333 margin permitted at any time during the trans- draw down an amount equal to the total credit (1) by redesignating subsections (j), (k) and (l) action agreement. line.’’. as subsections (n), (o) and (p) respectively; and ‘‘(iii) In the case of any other transaction in (d) BONA FIDE DISCOUNT LOAN DISCOUNT (2) by inserting after subsection (i) the fol- which the rate may vary at any time during the POINTS AND PREPAYMENT PENALTIES.—Section lowing new subsections: term of the loan for any reason, the interest 103 of the Truth in Lending Act (15 U.S.C. 1602) ‘‘(j) RECOMMENDED DEFAULT.—No creditor charged on the transaction at the maximum rate is amended by inserting after subsection (cc) (as shall recommend or encourage default on an ex- that may be charged during the term of the added by section 101) the following new sub- isting loan or other debt prior to and in connec- transaction.’’. section: tion with the closing or planned closing of a (b) ADJUSTMENT OF PERCENTAGE POINTS.— ‘‘(dd) BONA FIDE DISCOUNT POINTS AND PRE- high-cost mortgage that refinances all or any Section 103(aa)(2) of the Truth in Lending Act PAYMENT PENALTIES.—For the purposes of deter- portion of such existing loan or debt. (15 U.S.C. 1602(aa)(2)) is amended by striking mining the amount of points and fees for pur- ‘‘(k) LATE FEES.— subparagraph (B) and inserting the following poses of subsection (aa), either the amounts de- ‘‘(1) IN GENERAL.—No creditor may impose a new subparagraph: scribed in paragraph (1) or (4) of the following late payment charge or fee in connection with a ‘‘(B) An increase or decrease under subpara- paragraphs, but not both, may be excluded: high-cost mortgage— graph (A)— ‘‘(1) EXCLUSION OF BONA FIDE DISCOUNT ‘‘(A) in an amount in excess of 4 percent of ‘‘(i) may not result in the number of percent- POINTS.—The discount points described in 1 of the amount of the payment past due; age points referred to in paragraph (1)(A)(i)(I) the following subparagraphs shall be excluded ‘‘(B) unless the loan documents specifically being less than 6 percentage points or greater from determining the amounts of points and fees authorize the charge or fee; than 10 percentage points; and with respect to a high-cost mortgage for pur- ‘‘(C) before the end of the 15-day period begin- ‘‘(ii) may not result in the number of percent- poses of subsection (aa): ning on the date the payment is due, or in the age points referred to in paragraph (1)(A)(i)(II) ‘‘(A) Up to and including 2 bona fide discount case of a loan on which interest on each install- being less than 8 percentage points or greater points payable by the consumer in connection ment is paid in advance, before the end of the than 12 percentage points.’’. with the mortgage, but only if the interest rate 30-day period beginning on the date the pay- (c) POINTS AND FEES DEFINED.— from which the mortgage’s interest rate will be ment is due; or (1) IN GENERAL.—Section 103(aa)(4) of the discounted does not exceed by more than 1 per- ‘‘(D) more than once with respect to a single Truth in Lending Act (15 U.S.C. 1602(aa)(4)) is centage point (i) the required net yield for a 90- late payment. amended— day standard mandatory delivery commitment ‘‘(2) COORDINATION WITH SUBSEQUENT LATE (A) by striking subparagraph (B) and insert- for a reasonably comparable loan from either FEES.—If a payment is otherwise a full payment ing the following: the Federal National Mortgage Association or for the applicable period and is paid on its due ‘‘(B) all compensation paid directly or indi- the Federal Home Loan Mortgage Corporation, date or within an applicable grace period, and rectly by a consumer or creditor to a mortgage whichever is greater, or (ii) if secured by a per- the only delinquency or insufficiency of pay- broker from any source, including a mortgage sonal property loan, the average rate on a loan ment is attributable to any late fee or delin- originator that originates a loan in the name of in connection with which insurance is provided quency charge assessed on any earlier payment, the originator in a table-funded transaction;’’; under title I of the National Housing Act (12 no late fee or delinquency charge may be im- (B) in subparagraph (C)(ii), by inserting ‘‘ex- U.S.C. 1702 et seq.). posed on such payment. cept where applied to the charges set forth in ‘‘(B) Unless 2 bona fide discount points have ‘‘(3) FAILURE TO MAKE INSTALLMENT PAY- section 106(e)(1) where a creditor may receive in- been excluded under subparagraph (A), up to MENT.—If, in the case of a loan agreement the direct compensation solely as a result of obtain- and including 1 bona fide discount point pay- terms of which provide that any payment shall ing distributions of profits from an affiliated enable by the consumer in connection with the first be applied to any past due principal bal- tity based on its ownership interest in compli- mortgage, but only if the interest rate from ance, the consumer fails to make an installment ance with section 8(c)(4) of the Real Estate Set- which the mortgage’s interest rate will be dis- payment and the consumer subsequently re- tlement Procedures Act of 1974’’ before the semi- counted does not exceed by more than 2 percent- sumes making installment payments but has not colon at the end; age points (i) the required net yield for a 90-day paid all past due installments, the creditor may (C) in subparagraph (C)(iii), by striking ‘‘; standard mandatory delivery commitment for a impose a separate late payment charge or fee for and’’ and inserting ‘‘, except as provided for in reasonably comparable loan from either the Fed- any principal due (without deduction due to clause (ii);’’; eral National Mortgage Association or the Fed- late fees or related fees) until the default is (D) by redesignating subparagraph (D) as eral Home Loan Mortgage Corporation, which- cured. subparagraph (G); and ever is greater, or (ii) if secured by a personal ‘‘(l) ACCELERATION OF DEBT.—No high-cost (E) by inserting after subparagraph (C) the property loan, the average rate on a loan in mortgage may contain a provision which permits following new subparagraphs: connection with which insurance is provided the creditor, in its sole discretion, to accelerate ‘‘(D) premiums or other charges payable at or under title I of the National Housing Act (12 the indebtedness. This provision shall not apply before closing for any credit life, credit dis- U.S.C. 1702 et seq.). when repayment of the loan has been acceler- ability, credit unemployment, or credit property ated by default, pursuant to a due-on-sale pro- ‘‘(2) DEFINITION.—For purposes of paragraph insurance, or any other accident, loss-of-in- (1), the term ‘bona fide discount points’ means vision, or pursuant to a material violation of come, life or health insurance, or any payments loan discount points which are knowingly paid some other provision of the loan documents un- directly or indirectly for any debt cancellation by the consumer for the purpose of reducing, related to the payment schedule. or suspension agreement or contract, except that ‘‘(m) RESTRICTION ON FINANCING POINTS AND and which in fact result in a bona fide reduc- insurance premiums or debt cancellation or sus- FEES.—No creditor may directly or indirectly fi- tion of, the interest rate or time-price differen- pension fees calculated and paid in full on a nance, in connection with any high-cost mort- tial applicable to the mortgage. monthly basis shall not be considered financed gage, any of the following: ‘‘(3) EXCEPTION FOR INTEREST RATE REDUC- by the creditor; ‘‘(1) Any prepayment fee or penalty payable TIONS INCONSISTENT WITH INDUSTRY NORMS.— ‘‘(E) except as provided in subsection (cc), the by the consumer in a refinancing transaction if Paragraph (1) shall not apply to discount points maximum prepayment fees and penalties which the creditor or an affiliate of the creditor is the used to purchase an interest rate reduction un- may be charged or collected under the terms of noteholder of the note being refinanced. less the amount of the interest rate reduction the credit transaction; ‘‘(2) Any points or fees.’’. purchased is reasonably consistent with estab- ‘‘(F) all prepayment fees or penalties that are (b) PROHIBITIONS ON EVASIONS.—Section 129 incurred by the consumer if the loan refinances lished industry norms and practices for sec- of the Truth in Lending Act (15 U.S.C. 1639) is a previous loan made or currently held by the ondary mortgage market transactions.’’. amended by inserting after subsection (p) (as so same creditor or an affiliate of the creditor; SEC. 302. AMENDMENTS TO EXISTING REQUIRE- redesignated by subsection (a)(1)) the following and’’. MENTS FOR CERTAIN MORTGAGES. new subsection: (2) CALCULATION OF POINTS AND FEES FOR (a) PREPAYMENT PENALTY PROVISIONS.—Sec- ‘‘(q) PROHIBITIONS ON EVASIONS, STRUCTURING OPEN-END CONSUMER CREDIT PLANS.—Section tion 129(c)(2) of the Truth in Lending Act (15 OF TRANSACTIONS, AND RECIPROCAL ARRANGE- 103(aa) of the Truth in Lending Act (15 U.S.C. U.S.C. 1639(c)(2)) is hereby repealed. MENTS.—A creditor may not take any action in 1602(aa)) is amended— (b) NO BALLOON PAYMENTS.—Section 129(e) of connection with a high-cost mortgage— (A) by redesignating paragraph (5) as para- the Truth in Lending Act (15 U.S.C. 1639(e)) is ‘‘(1) to structure a loan transaction as an graph (6); and amended to read as follows: open-end credit plan or another form of loan for (B) by inserting after paragraph (4) the fol- ‘‘(e) NO BALLOON PAYMENTS.—No high-cost the purpose and with the intent of evading the lowing new paragraph: mortgage may contain a scheduled payment provisions of this title; or ‘‘(5) CALCULATION OF POINTS AND FEES FOR that is more than twice as large as the average ‘‘(2) to divide any loan transaction into sepa- OPEN-END CONSUMER CREDIT PLANS.—In the case of earlier scheduled payments. This subsection rate parts for the purpose and with the intent of of open-end consumer credit plans, points and shall not apply when the payment schedule is evading provisions of this title.’’. fees shall be calculated, for purposes of this sec- adjusted to the seasonal or irregular income of (c) MODIFICATION OR DEFERRAL FEES.—Sec- tion and section 129, by adding the total points the consumer.’’. tion 129 of the Truth in Lending Act (15 U.S.C. and fees known at or before closing, including SEC. 303. ADDITIONAL REQUIREMENTS FOR CER- 1639) is amended by inserting after subsection the maximum prepayment penalties which may TAIN MORTGAGES. (q) (as added by subsection (b) of this section) be charged or collected under the terms of the (a) ADDITIONAL REQUIREMENTS FOR CERTAIN the following new subsection: credit transaction, plus the minimum additional MORTGAGES.—Section 129 of the Truth in Lend- ‘‘(r) MODIFICATION AND DEFERRAL FEES PRO- fees the consumer would be required to pay to ing Act (15 U.S.C. 1639) is amended— HIBITED.—A creditor may not charge a consumer

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 6333 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5334 CONGRESSIONAL RECORD — HOUSE May 7, 2009 any fee to modify, renew, extend, or amend a ed by inserting after subsection (t) (as added by TITLE IV—OFFICE OF HOUSING high-cost mortgage, or to defer any payment due subsection (e)) the following new subsection: COUNSELING under the terms of such mortgage, unless the ‘‘(u) FLIPPING.— SEC. 401. SHORT TITLE. modification, renewal, extension or amendment ‘‘(1) IN GENERAL.—No creditor may knowingly This title may be cited as the ‘‘Expand and results in a lower annual percentage rate on the or intentionally engage in the unfair act or Preserve Home Ownership Through Counseling mortgage for the consumer and then only if the practice of flipping in connection with a high- Act’’. amount of the fee is comparable to fees imposed cost mortgage. for similar transactions in connection with con- SEC. 402. ESTABLISHMENT OF OFFICE OF HOUS- ‘‘(2) FLIPPING DEFINED.—For purposes of this ING COUNSELING. sumer credit transactions that are secured by a subsection, the term ‘flipping’ means the making Section 4 of the Department of Housing and consumer’s principal dwelling and are not high- of a loan or extension of credit in the form a cost mortgages.’’. Urban Development Act (42 U.S.C. 3533) is high-cost mortgage to a consumer which refi- amended by adding at the end the following (d) PAYOFF STATEMENT.—Section 129 of the nances an existing mortgage when the new loan Truth in Lending Act (15 U.S.C. 1639) is amend- new subsection: or extension of credit does not have reasonable, ‘‘(g) OFFICE OF HOUSING COUNSELING.— ed by inserting after subsection (r) (as added by net tangible benefit (as determined in accord- subsection (c) of this section) the following new ‘‘(1) ESTABLISHMENT.—There is established, in ance with regulations prescribed under section the Department, the Office of Housing Coun- subsection: 129C(b)) to the consumer considering all of the ‘‘(s) PAYOFF STATEMENT.— seling. ‘‘(1) FEES.— circumstances, including the terms of both the ‘‘(2) DIRECTOR.—There is established the posi- ‘‘(A) IN GENERAL.—Except as provided in sub- new and the refinanced loans or credit, the cost tion of Director of Housing Counseling. The Di- paragraph (B), no creditor or servicer may of the new loan or credit, and the consumer’s rector shall be the head of the Office of Housing charge a fee for informing or transmitting to circumstances. Counseling and shall be appointed by, and shall any person the balance due to pay off the out- ‘‘(v) CORRECTIONS AND UNINTENTIONAL VIOLA- report to, the Secretary. Such position shall be standing balance on a high-cost mortgage. TIONS.—A creditor or assignee in a high cost a career-reserved position in the Senior Execu- ‘‘(B) TRANSACTION FEE.—When payoff infor- loan who, when acting in good faith, fails to tive Service. mation referred to in subparagraph (A) is pro- comply with any requirement under this section ‘‘(3) FUNCTIONS.— vided by facsimile transmission or by a courier will not be deemed to have violated such re- ‘‘(A) IN GENERAL.—The Director shall have service, a creditor or servicer may charge a proc- quirement if the creditor or assignee establishes primary responsibility within the Department essing fee to cover the cost of such transmission that either— for all activities and matters relating to home- or service in an amount not to exceed an ‘‘(1) within 30 days of the loan closing and ownership counseling and rental housing coun- amount that is comparable to fees imposed for prior to the institution of any action, the con- seling, including— similar services provided in connection with sumer is notified of or discovers the violation, ‘‘(i) research, grant administration, public consumer credit transactions that are secured by appropriate restitution is made, and whatever outreach, and policy development relating to the consumer’s principal dwelling and are not adjustments are necessary are made to the loan such counseling; and high-cost mortgages. to either, at the choice of the consumer— ‘‘(ii) establishment, coordination, and admin- ‘‘(C) FEE DISCLOSURE.—Prior to charging a ‘‘(A) make the loan satisfy the requirements of istration of all regulations, requirements, stand- transaction fee as provided in subparagraph this chapter; or ards, and performance measures under programs (B), a creditor or servicer shall disclose that ‘‘(B) in the case of a high-cost mortgage, and laws administered by the Department that payoff balances are available for free pursuant change the terms of the loan in a manner bene- relate to housing counseling, homeownership to subparagraph (A). ficial to the consumer so that the loan will no counseling (including maintenance of homes), ‘‘(D) MULTIPLE REQUESTS.—If a creditor or longer be a high-cost mortgage; or mortgage-related counseling (including home eq- servicer has provided payoff information re- ‘‘(2) within 60 days of the creditor’s discovery uity conversion mortgages and credit protection ferred to in subparagraph (A) without charge, or receipt of notification of an unintentional options to avoid foreclosure), and rental hous- other than the transaction fee allowed by sub- violation or bona fide error as described in sub- ing counseling, including the requirements, paragraph (B), on 4 occasions during a calendar section (c) and prior to the institution of any standards, and performance measures relating year, the creditor or servicer may thereafter action, the consumer is notified of the compli- to housing counseling. charge a reasonable fee for providing such in- ance failure, appropriate restitution is made, ‘‘(B) SPECIFIC FUNCTIONS.—The Director shall formation during the remainder of the calendar and whatever adjustments are necessary are carry out the functions assigned to the Director year. made to the loan to either, at the choice of the and the Office under this section and any other ‘‘(2) PROMPT DELIVERY.—Payoff balances consumer— provisions of law. Such functions shall include shall be provided within 5 business days after ‘‘(A) make the loan satisfy the requirements of establishing rules necessary for— receiving a request by a consumer or a person this chapter; or ‘‘(i) the counseling procedures under section authorized by the consumer to obtain such in- ‘‘(B) in the case of a high-cost mortgage, 106(g)(1) of the Housing and Urban Develop- formation. ment Act of 1968 (12 U.S.C. 1701x(h)(1)); ‘‘(3) SERVICES CONSIDERED ASSIGNEE.—For the change the terms of the loan in a manner bene- ‘‘(ii) carrying out all other functions of the purposes of this subsection, a servicer shall be ficial so that the loan will no longer be a high- Secretary under section 106(g) of the Housing considered an assignee under the Truth in cost mortgage.’’. and Urban Development Act of 1968, including Lending Act.’’. SEC. 304. REGULATIONS. the establishment, operation, and publication of (e) PRE-LOAN COUNSELING REQUIRED.—Sec- (a) IN GENERAL.—The Board of Governors of the availability of the toll-free telephone number tion 129 of the Truth in Lending Act (15 U.S.C. the Federal Reserve System shall publish regula- under paragraph (2) of such section; 1639) is amended by inserting after subsection tions implementing this title and the amend- ‘‘(iii) contributing to the preparation and dis- (s) (as added by subsection (d) of this section) ments made by this title in final form before the tribution of home buying information booklets the following new subsection: end of the 6-month period beginning on the date pursuant to section 5 of the Real Estate Settle- ‘‘(t) PRE-LOAN COUNSELING.— of the enactment of this Act. ment Procedures Act of 1974 (12 U.S.C. 2604); ‘‘(1) IN GENERAL.—A creditor may not extend (b) CONSUMER MORTGAGE EDUCATION.— credit to a consumer under a high-cost mortgage ‘‘(iv) carrying out the certification program (1) REGULATIONS.—The Board of Governors of under section 106(e) of the Housing and Urban without first receiving certification from a coun- the Federal Reserve System may prescribe regu- selor that is approved by the Secretary of Hous- Development Act of 1968 (12 U.S.C. 1701x(e)); lations requiring or encouraging creditors to ‘‘(v) carrying out the assistance program ing and Urban Development, or at the discretion provide consumer mortgage education to proof the Secretary, a State housing finance au- under section 106(a)(4) of the Housing and spective customers or direct such customers to Urban Development Act of 1968, including cri- thority, that the consumer has received coun- qualified consumer mortgage education or counseling on the advisability of the mortgage. Such teria for selection of applications to receive as- seling programs in the vicinity of the residence sistance; counselor shall not be employed by the creditor of the consumer. or an affiliate of the creditor or be affiliated ‘‘(vi) carrying out any functions regarding (2) COORDINATION WITH STATE LAW.—No re- abusive, deceptive, or unscrupulous lending with the creditor. quirement established by the Board of Governors ‘‘(2) DISCLOSURES REQUIRED PRIOR TO COUN- practices relating to residential mortgage loans of the Federal Reserve System pursuant to para- SELING.—No counselor may certify that a con- that the Secretary considers appropriate, which graph (1) shall be construed as affecting or su- sumer has received counseling on the advis- shall include conducting the study under sec- perseding any requirement under the law of any ability of the high-cost mortgage unless the tion 6 of the Expand and Preserve Home Owner- State with respect to consumer mortgage coun- counselor can verify that the consumer has re- ship Through Counseling Act; seling or education. ceived each statement required (in connection ‘‘(vii) providing for operation of the advisory with such loan) by this section or the Real Es- SEC. 305. EFFECTIVE DATE. committee established under paragraph (4) of tate Settlement Procedures Act of 1974 with re- The amendments made by this title shall take this subsection; spect to the transaction. effect at the end of the 6-month period begin- ‘‘(viii) collaborating with community-based or- ‘‘(3) REGULATIONS.—The Board may prescribe ning on the date of the enactment of this Act ganizations with expertise in the field of hous- such regulations as the Board determines to be and shall apply to mortgages referred to in sec- ing counseling; and appropriate to carry out the requirements of tion 103(aa) of the Truth in Lending Act (15 ‘‘(ix) providing for the building of capacity to paragraph (1).’’. U.S.C. 1602(aa)) for which an application is re- provide housing counseling services in areas (f) FLIPPING PROHIBITED.—Section 129 of the ceived by the creditor after the end of such pe- that lack sufficient services. Truth in Lending Act (15 U.S.C. 1639) is amend- riod. ‘‘(4) ADVISORY COMMITTEE.—

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 6333 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5335

‘‘(A) IN GENERAL.—The Secretary shall ap- ‘‘(iii) section 302(a)(4) of the American Home- ‘‘(3) MORTGAGE SOFTWARE SYSTEMS.— point an advisory committee to provide advice ownership and Economic Opportunity Act of ‘‘(A) CERTIFICATION.—The Secretary shall regarding the carrying out of the functions of 2000 (42 U.S.C. 1437f note); provide for the certification of various computer the Director. ‘‘(iv) sections 233(b)(2) and 258(b) of the Cran- software programs for consumers to use in eval- ‘‘(B) MEMBERS.—Such advisory committee ston-Gonzalez National Affordable Housing Act uating different residential mortgage loan pro- shall consist of not more than 12 individuals, (42 U.S.C. 12773(b)(2), 12808(b)); posals. The Secretary shall require, for such cer- and the membership of the committee shall ‘‘(v) this section and section 101(e) of the tification, that the mortgage software systems equally represent the mortgage and real estate Housing and Urban Development Act of 1968 (12 take into account— industry, including consumers and housing U.S.C. 1701x, 1701w(e)); ‘‘(i) the consumer’s financial situation and counseling agencies certified by the Secretary. ‘‘(vi) section 220(d)(2)(G) of the Low-Income the cost of maintaining a home, including insur- ‘‘(C) TERMS.—Except as provided in subpara- Housing Preservation and Resident Homeowner- ance, taxes, and utilities; graph (D), each member of the advisory com- ship Act of 1990 (12 U.S.C. 4110(d)(2)(G)); ‘‘(ii) the amount of time the consumer expects mittee shall be appointed for a term of 3 years. ‘‘(vii) sections 422(b)(6), 423(b)(7), 424(c)(4), to remain in the home or expected time to matu- Members may be reappointed at the discretion of 442(b)(6), and 443(b)(6) of the Cranston-Gon- rity of the loan; and the Secretary. zalez National Affordable Housing Act (42 ‘‘(iii) such other factors as the Secretary con- ‘‘(D) TERMS OF INITIAL APPOINTEES.—As des- U.S.C. 12872(b)(6), 12873(b)(7), 12874(c)(4), siders appropriate to assist the consumer in ignated by the Secretary at the time of appoint- 12892(b)(6), and 12893(b)(6)); evaluating whether to pay points, to lock in an ment, of the members first appointed to the advi- ‘‘(viii) section 491(b)(1)(F)(iii) of the McKin- interest rate, to select an adjustable or fixed rate sory committee, 4 shall be appointed for a term ney-Vento Homeless Assistance Act (42 U.S.C. loan, to select a conventional or government-in- of 1 year and 4 shall be appointed for a term of 11408(b)(1)(F)(iii)); sured or guaranteed loan and to make other 2 years. ‘‘(ix) sections 202(3) and 810(b)(2)(A) of the choices during the loan application process. ‘‘(E) PROHIBITION OF PAY; TRAVEL EX- Native American Housing and Self-Determina- If the Secretary determines that available exist- PENSES.—Members of the advisory committee tion Act of 1996 (25 U.S.C. 4132(3), ing software is inadequate to assist consumers shall serve without pay, but shall receive travel 4229(b)(2)(A)); during the residential mortgage loan application expenses, including per diem in lieu of subsist- ‘‘(x) in the National Housing Act— process, the Secretary shall arrange for the de- ence, in accordance with applicable provisions ‘‘(I) in section 203 (12 U.S.C. 1709), the penul- velopment by private sector software companies under subchapter I of chapter 57 of title 5, timate undesignated paragraph of paragraph (2) of new mortgage software systems that meet the United States Code. of subsection (b), subsection (c)(2)(A), and sub- Secretary’s specifications. ‘‘(F) ADVISORY ROLE ONLY.—The advisory section (r)(4); ‘‘(B) USE AND INITIAL AVAILABILITY.—Such committee shall have no role in reviewing or ‘‘(II) subsections (a) and (c)(3) of section 237 certified computer software programs shall be awarding housing counseling grants. (12 U.S.C. 1715z–2); and used to supplement, not replace, housing coun- ‘‘(5) SCOPE OF HOMEOWNERSHIP COUNSELING.— ‘‘(III) subsections (d)(2)(B) and (m)(1) of sec- seling. The Secretary shall provide that such In carrying out the responsibilities of the Direc- tion 255 (12 U.S.C. 1715z–20); programs are initially used only in connection tor, the Director shall ensure that homeowner- ‘‘(xi) section 502(h)(4)(B) of the Housing Act with the assistance of housing counselors cer- ship counseling provided by, in connection with, of 1949 (42 U.S.C. 1472(h)(4)(B)); and tified pursuant to subsection (e). or pursuant to any function, activity, or pro- ‘‘(xii) section 508 of the Housing and Urban ‘‘(C) AVAILABILITY.—After a period of initial gram of the Department addresses the entire Development Act of 1970 (12 U.S.C. 1701z–7). availability under subparagraph (B) as the Sec- process of homeownership, including the deci- ‘‘(C) RENTAL HOUSING COUNSELING.—For pur- retary considers appropriate, the Secretary shall sion to purchase a home, the selection and purposes of this subsection, the term ‘rental hous- take reasonable steps to make mortgage software chase of a home, issues arising during or affecting counseling’ means counseling related to systems certified pursuant to this paragraph ing the period of ownership of a home (includ- rental of residential property, which may in- widely available through the Internet and at ing refinancing, default and foreclosure, and clude counseling regarding future homeowner- public locations, including public libraries, sen- other financial decisions), and the sale or other ship opportunities and providing referrals for ior-citizen centers, public housing sites, offices disposition of a home.’’. renters and prospective renters to entities proof public housing agencies that administer rent- viding counseling and shall include counseling al housing assistance vouchers, and housing SEC. 403. COUNSELING PROCEDURES. related to such topics that is provided pursuant counseling centers. N ENERAL (a) I G .—Section 106 of the Housing to— ‘‘(D) BUDGET COMPLIANCE.—This paragraph and Urban Development Act of 1968 (12 U.S.C. ‘‘(i) section 105(a)(20) of the Housing and shall be effective only to the extent that 1701x) is amended by adding at the end the fol- Community Development Act of 1974 (42 U.S.C. amounts to carry out this paragraph are made lowing new subsection: 5305(a)(20)); available in advance in appropriations Acts. ‘‘(g) PROCEDURES AND ACTIVITIES.— ‘‘(ii) in the United States Housing Act of ‘‘(4) NATIONAL PUBLIC SERVICE MULTIMEDIA ‘‘(1) COUNSELING PROCEDURES.— 1937— CAMPAIGNS TO PROMOTE HOUSING COUNSELING.— ‘‘(A) IN GENERAL.—The Secretary shall estab- ‘‘(I) section 9(e) (42 U.S.C. 1437g(e)); ‘‘(A) IN GENERAL.—The Director of Housing lish, coordinate, and monitor the administration ‘‘(II) section 18(a)(4)(D) (42 U.S.C. Counseling shall develop, implement, and con- by the Department of Housing and Urban De- 1437p(a)(4)(D)); duct national public service multimedia cam- velopment of the counseling procedures for ‘‘(III) section 23(c)(4) (42 U.S.C. 1437u(c)(4)); paigns designed to make persons facing mort- homeownership counseling and rental housing ‘‘(IV) section 32(e)(4) (42 U.S.C. 1437z–4(e)(4)); gage foreclosure, persons considering a subprime counseling provided in connection with any pro- ‘‘(V) section 33(d)(2)(B) (42 U.S.C. 1437z– mortgage loan to purchase a home, elderly per- gram of the Department, including all require- 5(d)(2)(B)); and sons, persons who face language barriers, low- ments, standards, and performance measures ‘‘(VI) section 302(b)(6) (42 U.S.C. 1437aaa– income persons, minorities, and other poten- that relate to homeownership and rental hous- 1(b)(6)); tially vulnerable consumers aware that it is ad- ing counseling. ‘‘(iii) section 233(b)(2) of the Cranston-Gon- visable, before seeking or maintaining a residen- ‘‘(B) HOMEOWNERSHIP COUNSELING.—For pur- zalez National Affordable Housing Act (42 tial mortgage loan, to obtain homeownership poses of this subsection and as used in the pro- U.S.C. 12773(b)(2)); counseling from an unbiased and reliable visions referred to in this subparagraph, the ‘‘(iv) section 106 of the Housing and Urban sources and that such homeownership coun- term ‘homeownership counseling’ means coun- Development Act of 1968 (12 U.S.C. 1701x); seling is available, including through programs seling related to homeownership and residential ‘‘(v) section 422(b)(6) of the Cranston-Gon- sponsored by the Secretary of Housing and mortgage loans. Such term includes counseling zalez National Affordable Housing Act (42 Urban Development. related to homeownership and residential mort- U.S.C. 12872(b)(6)); ‘‘(B) CONTACT INFORMATION.—Each segment gage loans that is provided pursuant to— ‘‘(vi) section 491(b)(1)(F)(iii) of the McKinney- of the multimedia campaign under subpara- ‘‘(i) section 105(a)(20) of the Housing and Vento Homeless Assistance Act (42 U.S.C. graph (A) shall publicize the toll-free telephone Community Development Act of 1974 (42 U.S.C. 11408(b)(1)(F)(iii)); number and website of the Department of Hous- 5305(a)(20)); ‘‘(vii) sections 202(3) and 810(b)(2)(A) of the ing and Urban Development through which per- ‘‘(ii) in the United States Housing Act of Native American Housing and Self-Determina- sons seeking housing counseling can locate a 1937— tion Act of 1996 (25 U.S.C. 4132(3), housing counseling agency in their State that is ‘‘(I) section 9(e) (42 U.S.C. 1437g(e)); 4229(b)(2)(A)); and certified by the Secretary of Housing and Urban ‘‘(II) section 8(y)(1)(D) (42 U.S.C. ‘‘(viii) the rental assistance program under Development and can provide advice on buying 1437f(y)(1)(D)); section 8 of the United States Housing Act of a home, renting, defaults, foreclosures, credit ‘‘(III) section 18(a)(4)(D) (42 U.S.C. 1937 (42 U.S.C. 1437f). issues, and reverse mortgages. 1437p(a)(4)(D)); ‘‘(2) STANDARDS FOR MATERIALS.—The Sec- ‘‘(C) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(IV) section 23(c)(4) (42 U.S.C. 1437u(c)(4)); retary, in consultation with the advisory com- There are authorized to be appropriated to the ‘‘(V) section 32(e)(4) (42 U.S.C. 1437z–4(e)(4)); mittee established under subsection (g)(4) of the Secretary, not to exceed $3,000,000 for fiscal ‘‘(VI) section 33(d)(2)(B) (42 U.S.C. 1437z– Department of Housing and Urban Development years 2009, 2010, and 2011, for the development, 5(d)(2)(B)); Act, shall establish standards for materials and implementation, and conduct of national public ‘‘(VII) sections 302(b)(6) and 303(b)(7) (42 forms to be used, as appropriate, by organiza- service multimedia campaigns under this para- U.S.C. 1437aaa–1(b)(6), 1437aaa–2(b)(7)); and tions providing homeownership counseling serv- graph. ‘‘(VIII) section 304(c)(4) (42 U.S.C. 1437aaa– ices, including any recipients of assistance pur- ‘‘(D) FORECLOSURE RESCUE EDUCATION PRO- 3(c)(4)); suant to subsection (a)(4). GRAMS.—

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 6333 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5336 CONGRESSIONAL RECORD — HOUSE May 7, 2009

‘‘(i) IN GENERAL.—Ten percent of any funds mental and nonprofit organizations) to receive counselors certified by the Secretary under this appropriated pursuant to the authorization assistance under this paragraph, in accordance subsection as competent to provide such coun- under subparagraph (C) shall be used by the Di- with subparagraph (D). seling. rector of Housing Counseling to conduct an edu- ‘‘(C) DISTRIBUTION.—Assistance made avail- ‘‘(4) OUTREACH.—The Secretary shall take cation program in areas that have a high den- able under this paragraph shall be distributed such actions as the Secretary considers appro- sity of foreclosure. Such program shall involve in a manner that encourages efficient and suc- priate to ensure that individuals and organiza- direct mailings to persons living in such areas cessful counseling programs. tions providing homeownership or rental hous- describing— ‘‘(D) LIMITATION ON DISTRIBUTION OF ASSIST- ing counseling are aware of the certification re- ‘‘(I) tips on avoiding foreclosure rescue scams; ANCE.— quirements and standards of this subsection and ‘‘(II) tips on avoiding predatory lending mort- ‘‘(i) IN GENERAL.—None of the assistance made of the training and certification programs under gage agreements; available under this paragraph shall be distrib- subsection (f).’’. ‘‘(III) tips on avoiding for-profit foreclosure uted to— SEC. 406. STUDY OF DEFAULTS AND FORE- counseling services; and ‘‘(I) any organization which has been indicted CLOSURES. ‘‘(IV) local counseling resources that are ap- for a violation under Federal law relating to an The Secretary of Housing and Urban Develop- proved by the Department of Housing and election for Federal office; or ment shall conduct an extensive study of the Urban Development. ‘‘(II) any organization which employs appli- root causes of default and foreclosure of home ‘‘(ii) PROGRAM EMPHASIS.—In conducting the cable individuals. loans, using as much empirical data as are education program described under clause (i), ‘‘(ii) DEFINITION OF APPLICABLE INDIVIDUAL.— available. The study shall also examine the role the Director of Housing Counseling shall also In this subparagraph, the term ‘applicable indi- of escrow accounts in helping prime and place an emphasis on serving communities that vidual’ means an individual who— nonprime borrowers to avoid defaults and fore- have a high percentage of retirement commu- ‘‘(I) is— closures. Not later than 12 months after the date nities or a high percentage of low-income minor- ‘‘(aa) employed by the organization in a per- of the enactment of this Act, the Secretary shall ity communities. manent or temporary capacity; submit to the Congress a preliminary report re- ‘‘(iii) TERMS DEFINED.—For purposes of this ‘‘(bb) contracted or retained by the organiza- garding the study. Not later than 24 months subparagraph: tion; or after such date of enactment, the Secretary ‘‘(I) HIGH DENSITY OF FORECLOSURES.—An ‘‘(cc) acting on behalf of, or with the express shall submit a final report regarding the results area has a ‘high density of foreclosures’ if such or apparent authority of, the organization; and of the study, which shall include any rec- area is one of the metropolitan statistical areas ‘‘(II) has been indicted for a violation under ommended legislation relating to the study, and (as that term is defined by the Director of the Federal law relating to an election for Federal recommendations for best practices and for a Office of Management and Budget) with the office. process to identify populations that need coun- highest home foreclosure rates. ‘‘(E) GRANTMAKING PROCESS.—In making as- seling the most. ‘‘(II) HIGH PERCENTAGE OF RETIREMENT COM- sistance available under this paragraph, the SEC. 407. DEFINITIONS FOR COUNSELING-RE- MUNITIES.—An area has a ‘high percentage of Secretary shall consider appropriate ways of LATED PROGRAMS. retirement communities’ if such area is one of streamlining and improving the processes for Section 106 of the Housing and Urban Devel- the metropolitan statistical areas (as that term grant application, review, approval, and award. opment Act of 1968 (12 U.S.C. 1701x), as amend- is defined by the Director of the Office of Man- ‘‘(F) AUTHORIZATION OF APPROPRIATIONS.— agement and Budget) with the highest percent- There are authorized to be appropriated ed by the preceding provisions of this title, is age of residents aged 65 or older. $45,000,000 for each of fiscal years 2009 through further amended by adding at the end the following new subsection: ‘‘(III) HIGH PERCENTAGE OF LOW-INCOME MI- 2012 for— ‘‘(h) DEFINITIONS.—For purposes of this sec- NORITY COMMUNITIES.—An area has a ‘high per- ‘‘(i) the operations of the Office of Housing centage of low-income minority communities’ if Counseling of the Department of Housing and tion: such area contains a higher-than-normal per- Urban Development; ‘‘(1) NONPROFIT ORGANIZATION.—The term centage of residents who are both minorities and ‘‘(ii) the responsibilities of the Director of ‘nonprofit organization’ has the meaning given low-income, as defined by the Director of Hous- Housing Counseling under paragraphs (2) such term in section 104(5) of the Cranston-Gon- ing Counseling. through (5) of subsection (g); and zalez National Affordable Housing Act (42 ‘‘(5) EDUCATION PROGRAMS.—The Secretary ‘‘(iii) assistance pursuant to this paragraph U.S.C. 12704(5)), except that subparagraph (D) shall provide advice and technical assistance to for entities providing homeownership and rental of such section shall not apply for purposes of States, units of general local government, and counseling.’’. this section. ‘‘(2) STATE.—The term ‘State’ means each of nonprofit organizations regarding the establish- SEC. 405. REQUIREMENTS TO USE HUD-CER- ment and operation of, including assistance TIFIED COUNSELORS UNDER HUD the several States, the Commonwealth of Puerto with the development of content and materials PROGRAMS. Rico, the District of Columbia, the Common- for, educational programs to inform and educate Section 106(e) of the Housing and Urban De- wealth of the Northern Mariana Islands, Guam, consumers, particularly those most vulnerable velopment Act of 1968 (12 U.S.C. 1701x(e)) is the Virgin Islands, American Samoa, the Trust with respect to residential mortgage loans (such amended— Territories of the Pacific, or any other posses- as elderly persons, persons facing language bar- (1) by striking paragraph (1) and inserting the sion of the United States. riers, low-income persons, minorities, and other following new paragraph: ‘‘(3) UNIT OF GENERAL LOCAL GOVERNMENT.— potentially vulnerable consumers), regarding ‘‘(1) REQUIREMENT FOR ASSISTANCE.—An orga- The term ‘unit of general local government’ home mortgages, mortgage refinancing, home eq- nization may not receive assistance for coun- means any city, county, parish, town, township, uity loans, and home repair loans.’’. seling activities under subsection (a)(1)(iii), borough, village, or other general purpose polit- (b) CONFORMING AMENDMENTS TO GRANT PRO- (a)(2), (a)(4), (c), or (d) of this section, or under ical subdivision of a State. GRAM FOR HOMEOWNERSHIP COUNSELING ORGA- section 101(e), unless the organization, or the ‘‘(4) HUD-APPROVED COUNSELING AGENCY.— NIZATIONS.—Section 106(c)(5)(A)(ii) of the Hous- individuals through which the organization pro- The term ‘HUD-approved counseling agency’ ing and Urban Development Act of 1968 (12 vides such counseling, has been certified by the means a private or public nonprofit organiza- U.S.C. 1701x(c)(5)(A)(ii)) is amended— Secretary under this subsection as competent to tion that is— (1) in subclause (III), by striking ‘‘and’’ at the provide such counseling.’’; ‘‘(A) exempt from taxation under section end; (2) in paragraph (2)— 501(c) of the Internal Revenue Code of 1986; and (2) in subclause (IV) by striking the period at (A) by inserting ‘‘and for certifying organiza- ‘‘(B) certified by the Secretary to provide the end and inserting ‘‘; and’’; and tions’’ before the period at the end of the first housing counseling services. (3) by inserting after subclause (IV) the fol- sentence; and ‘‘(5) STATE HOUSING FINANCE AGENCY.—The lowing new subclause: (B) in the second sentence by striking ‘‘for term ‘State housing finance agency’ means any ‘‘(V) notify the housing or mortgage applicant certification’’ and inserting ‘‘, for certification public body, agency, or instrumentality specifi- of the availability of mortgage software systems of an organization, that each individual cally created under State statute that is provided pursuant to subsection (g)(3).’’. through which the organization provides coun- authorised to finance activities designed to pro- SEC. 404. GRANTS FOR HOUSING COUNSELING AS- seling shall demonstrate, and, for certification vide housing and related facilities throughout SISTANCE. of an individual,’’; an entire State through land acquisition, con- Section 106(a) of the Housing and Urban De- (3) in paragraph (3), by inserting ‘‘organiza- struction, or rehabilitation.’’. velopment Act of 1968 (12 U.S.C. 1701x(a)(3)) is tions and’’ before ‘‘individuals’’; SEC. 408. UPDATING AND SIMPLIFICATION OF amended by adding at the end the following (4) by redesignating paragraph (3) as para- MORTGAGE INFORMATION BOOKLET. new paragraph: graph (5); and Section 5 of the Real Estate Settlement Proce- ‘‘(4) HOMEOWNERSHIP AND RENTAL COUN- (5) by inserting after paragraph (2) the fol- dures Act of 1974 (12 U.S.C. 2604) is amended— SELING ASSISTANCE.— lowing new paragraphs: (1) in the section heading, by striking ‘‘SPE- ‘‘(A) IN GENERAL.—The Secretary shall make ‘‘(3) REQUIREMENT UNDER HUD PROGRAMS.— CIAL’’ and inserting ‘‘HOME BUYING’’; financial assistance available under this para- Any homeownership counseling or rental hous- (2) by striking subsections (a) and (b) and in- graph to HUD-approved housing counseling ing counseling (as such terms are defined in serting the following new subsections: agencies and State housing finance agencies. subsection (g)(1)) required under, or provided in ‘‘(a) PREPARATION AND DISTRIBUTION.—The ‘‘(B) QUALIFIED ENTITIES.—The Secretary connection with, any program administered by Secretary shall prepare, at least once every 5 shall establish standards and guidelines for eli- the Department of Housing and Urban Develop- years, a booklet to help consumers applying for gibility of organizations (including government shall be provided only by organizations or federally related mortgage loans to understand

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 6333 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5337 the nature and costs of real estate settlement ference between an appraisal and a home in- (1) providing information on counseling po- services. The Secretary shall prepare the booklet spection. tential homebuyers of the availability and im- in various languages and cultural styles, as the ‘‘(13) Notice that the Office of Housing of the portance of getting an independent home in- Secretary determines to be appropriate, so that Department of Housing and Urban Development spection; the booklet is understandable and accessible to has made publicly available a brochure regard- (2) providing information about the home in- homebuyers of different ethnic and cultural ing loan fraud and a World Wide Web address spection process, including the reasons for spe- backgrounds. The Secretary shall distribute and toll-free telephone number for obtaining the cific inspections such as radon and lead-based such booklets to all lenders that make federally brochure. paint testing; related mortgage loans. The Secretary shall also The booklet prepared pursuant to this section (3) providing information about advising po- distribute to such lenders lists, organized by lo- shall take into consideration differences in real tential homebuyers on how to locate and select cation, of homeownership counselors certified estate settlement procedures that may exist a qualified home inspector; and under section 106(e) of the Housing and Urban among the several States and territories of the (4) review of home inspection public outreach Development Act of 1968 (12 U.S.C. 1701x(e)) for United States and among separate political sub- materials of the Department. use in complying with the requirement under divisions within the same State and territory.’’; TITLE V—MORTGAGE SERVICING subsection (c) of this section. (3) in subsection (c), by inserting at the end SEC. 501. ESCROW AND IMPOUND ACCOUNTS RE- ‘‘(b) CONTENTS.—Each booklet shall be in such the following new sentence: ‘‘Each lender shall form and detail as the Secretary shall prescribe LATING TO CERTAIN CONSUMER also include with the booklet a reasonably com- CREDIT TRANSACTIONS. and, in addition to such other information as plete or updated list of homeownership coun- (a) IN GENERAL.—Chapter 2 of the Truth in the Secretary may provide, shall include in selors who are certified pursuant to section Lending Act (15 U.S.C. 1631 et seq.) is amended plain and understandable language the fol- 106(e) of the Housing and Urban Development by inserting after section 129C (as added by sec- lowing information: Act of 1968 (12 U.S.C. 1701x(e)) and located in ‘‘(1) A description and explanation of the nation 201) the following new section: the area of the lender.’’; and ture and purpose of the costs incident to a real ‘‘SEC. 129D. ESCROW OR IMPOUND ACCOUNTS RE- (4) in subsection (d), by inserting after the pe- estate settlement or a federally related mortgage LATING TO CERTAIN CONSUMER riod at the end of the first sentence the fol- loan. The description and explanation shall pro- CREDIT TRANSACTIONS. lowing: ‘‘The lender shall provide the HUD- vide general information about the mortgage ‘‘(a) IN GENERAL.—Except as provided in sub- issued booklet in the version that is most appro- process as well as specific information con- section (b), (c), or (d), a creditor, in connection priate for the person receiving it.’’. cerning, at a minimum— with the formation or consummation of a con- ‘‘(A) balloon payments; SEC. 409. HOME INSPECTION COUNSELING. sumer credit transaction secured by a first lien ‘‘(B) prepayment penalties; and (a) PUBLIC OUTREACH.— on the principal dwelling of the consumer, other ‘‘(C) the trade-off between closing costs and (1) IN GENERAL.—The Secretary of Housing than a consumer credit transaction under an the interest rate over the life of the loan. and Urban Development (in this section referred open end credit plan or a reverse mortgage, ‘‘(2) An explanation and sample of the uni- to as the ‘‘Secretary’’) shall take such actions as shall establish, before the consummation of such form settlement statement required by section 4. may be necessary to inform potential home- transaction, an escrow or impound account for ‘‘(3) A list and explanation of lending prac- buyers of the availability and importance of ob- the payment of taxes and hazard insurance, tices, including those prohibited by the Truth in taining an independent home inspection. Such and, if applicable, flood insurance, mortgage in- Lending Act or other applicable Federal law, actions shall include— surance, ground rents, and any other required and of other unfair practices and unreasonable (A) publication of the HUD/FHA form HUD periodic payments or premiums with respect to or unnecessary charges to be avoided by the 92564–CN entitled ‘‘For Your Protection: Get a the property or the loan terms, as provided in, prospective buyer with respect to a real estate Home Inspection’’, in both English and Spanish and in accordance with, this section. settlement. languages; ‘‘(b) WHEN REQUIRED.—No impound, trust, or ‘‘(4) A list and explanation of questions a con- (B) publication of the HUD/FHA booklet enti- other type of account for the payment of prop- sumer obtaining a federally related mortgage tled ‘‘For Your Protection: Get a Home Inspec- erty taxes, insurance premiums, or other pur- loan should ask regarding the loan, including tion’’, in both English and Spanish languages; poses relating to the property may be required whether the consumer will have the ability to (C) development and publication of a HUD as a condition of a real property sale contract or repay the loan, whether the consumer suffi- booklet entitled ‘‘For Your Protection—Get a a loan secured by a first deed of trust or mort- ciently shopped for the loan, whether the loan Home Inspection’’ that does not reference FHA- gage on the principal dwelling of the consumer, terms include prepayment penalties or balloon insured homes, in both English and Spanish other than a consumer credit transaction under payments, and whether the loan will benefit the languages; and an open end credit plan or a reverse mortgage, borrower. (D) publication of the HUD document entitled except when— ‘‘(5) An explanation of the right of rescission ‘‘Ten Important Questions To Ask Your Home ‘‘(1) any such impound, trust, or other type of as to certain transactions provided by sections Inspector’’, in both English and Spanish lan- escrow or impound account for such purposes is 125 and 129 of the Truth in Lending Act. guages. required by Federal or State law; ‘‘(6) A brief explanation of the nature of a (2) AVAILABILITY.—The Secretary shall make ‘‘(2) a loan is made, guaranteed, or insured by variable rate mortgage and a reference to the the materials specified in paragraph (1) avail- a State or Federal governmental lending or in- booklet entitled ‘Consumer Handbook on Adjust- able for electronic access and, where appro- suring agency; able Rate Mortgages’, published by the Board of priate, inform potential homebuyers of such ‘‘(3) the transaction is secured by a first mort- Governors of the Federal Reserve System pursu- availability through home purchase counseling gage or lien on the consumer’s principal dwell- ant to section 226.19(b)(1) of title 12, Code of public service announcements and toll-free tele- ing and the annual percentage rate on the cred- Federal Regulations, or to any suitable sub- phone hotlines of the Department of Housing it, at the date the interest rate is set, will exceed stitute of such booklet that such Board of Gov- and Urban Development. The Secretary shall the average prime offer rate for a comparable ernors may subsequently adopt pursuant to give special emphasis to reaching first-time and transaction by 1.5 percentage points or more; or such section. low-income homebuyers with these materials ‘‘(4) so required pursuant to regulation. ‘‘(7) A brief explanation of the nature of a and efforts. ‘‘(c) DURATION OF MANDATORY ESCROW OR home equity line of credit and a reference to the (3) UPDATING.—The Secretary may periodi- IMPOUND ACCOUNT.—An escrow or impound ac- pamphlet required to be provided under section cally update and revise such materials, as the count established pursuant to subsection (b), 127A of the Truth in Lending Act. ‘‘(8) Information about homeownership coun- Secretary determines to be appropriate. shall remain in existence for a minimum period seling services made available pursuant to sec- (b) REQUIREMENT FOR FHA-APPROVED LEND- of 5 years, beginning with the date of the con- tion 106(a)(4) of the Housing and Urban Devel- ERS.—Each mortgagee approved for participa- summation of the loan, and until such borrower opment Act of 1968 (12 U.S.C. 1701x(a)(4)), a rection in the mortgage insurance programs under has sufficient equity in the dwelling securing ommendation that the consumer use such serv- title II of the National Housing Act shall pro- the consumer credit transaction so as to no ices, and notification that a list of certified provide prospective homebuyers, at first contact, longer be required to maintain private mortgage viders of homeownership counseling in the area, whether upon pre-qualification, pre-approval, insurance, or such other period as may be pro- and their contact information, is available. or initial application, the materials specified in vided in regulations to address situations such ‘‘(9) An explanation of the nature and pur- subparagraphs (A), (B), and (D) of subsection as borrower delinquency, unless the underlying pose of escrow accounts when used in connec- (a)(1). mortgage establishing the account is terminated. tion with loans secured by residential real estate (c) REQUIREMENTS FOR HUD-APPROVED COUN- ‘‘(d) LIMITED EXEMPTIONS FOR LOANS SE- and the requirements under section 10 of this SELING AGENCIES.—Each counseling agency cer- CURED BY SHARES IN A COOPERATIVE AND FOR Act regarding such accounts. tified pursuant by the Secretary to provide CERTAIN CONDOMINIUM UNITS.—Escrow ac- ‘‘(10) An explanation of the choices available housing counseling services shall provide each counts need not be established for loans secured to buyers of residential real estate in selecting of their clients, as part of the home purchase by shares in a cooperative. Insurance premiums persons to provide necessary services incidental counseling process, the materials specified in need not be included in escrow accounts for to a real estate settlement. subparagraphs (C) and (D) of subsection (a)(1). loans secured by condominium units, where the ‘‘(11) An explanation of a consumer’s respon- (d) TRAINING.—Training provided the Depart- condominium association has an obligation to sibilities, liabilities, and obligations in a mort- ment of Housing and Urban Development for the condominium unit owners to maintain a gage transaction. housing counseling agencies, whether such master policy insuring condominium units. ‘‘(12) An explanation of the nature and pur- training is provided directly by the Department ‘‘(e) CLARIFICATION ON ESCROW ACCOUNTS FOR pose of real estate appraisals, including the dif- or otherwise, shall include— LOANS NOT MEETING STATUTORY TEST.—For

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 6333 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5338 CONGRESSIONAL RECORD — HOUSE May 7, 2009 mortgages not covered by the requirements of the future, the consumer will become responsible ‘‘(B) A clear and prominent notice that the subsection (b), no provision of this section shall for the payment of all taxes, hazard insurance, consumer is responsible for personally and di- be construed as precluding the establishment of and flood insurance, if applicable, as well as rectly paying the non-escrowed items, in addi- an impound, trust, or other type of account for any other required periodic payments or pre- tion to paying the mortgage loan payment, in the payment of property taxes, insurance premiums on the property unless a new escrow or the absence of any such account, and the fact miums, or other purposes relating to the prop- impound account is established. that the costs for taxes, insurance, and related erty— ‘‘(6) Such other information as the Federal fees can be substantial. ‘‘(1) on terms mutually agreeable to the par- banking agencies jointly determine necessary for ‘‘(C) A clear explanation of the consequences ties to the loan; the protection of the consumer. of any failure to pay non-escrowed items, in- ‘‘(2) at the discretion of the lender or servicer, ‘‘(h) DEFINITIONS.—For purposes of this sec- cluding the possible requirement for the forced as provided by the contract between the lender tion, the following definitions shall apply: placement of insurance by the creditor or or servicer and the borrower; or ‘‘(1) FLOOD INSURANCE.—The term ‘flood in- servicer and the potentially higher cost (includ- ‘‘(3) pursuant to the requirements for the surance’ means flood insurance coverage pro- ing any potential commission payments to the escrowing of flood insurance payments for regu- vided under the national flood insurance pro- servicer) or reduced coverage for the consumer lated lending institutions in section 102(d) of the gram pursuant to the National Flood Insurance in the event of any such creditor-placed insur- Flood Disaster Protection Act of 1973. Act of 1968. ance. ‘‘(f) ADMINISTRATION OF MANDATORY ESCROW ‘‘(2) HAZARD INSURANCE.—The term ‘hazard ‘‘(D) Such other information as the Federal OR IMPOUND ACCOUNTS.— insurance’ shall have the same meaning as pro- banking agencies jointly determine necessary for ‘‘(1) IN GENERAL.—Except as may otherwise be vided for ‘hazard insurance’, ‘casualty insur- the protection of the consumer.’’. provided for in this title or in regulations pre- ance’, ‘homeowner’s insurance’, or other similar (b) IMPLEMENTATION.— scribed by the Board, escrow or impound ac- term under the law of the State where the real (1) REGULATIONS.—The Federal banking agen- counts established pursuant to subsection (b) property securing the consumer credit trans- cies and the Federal Trade Commission shall shall be established in a federally insured depos- action is located.’’. prescribe, in final form, such regulations as itory institution. (b) IMPLEMENTATION.— such agencies determine to be necessary to im- ‘‘(2) ADMINISTRATION.—Except as provided in (1) REGULATIONS.—The Board of Governors of plement the amendments made by subsection (a) this section or regulations prescribed under this the Federal Reserve System, the Comptroller of before the end of the 180-day period beginning section, an escrow or impound account subject the Currency, the Director of the Office of on the date of the enactment of this Act. to this section shall be administered in accord- Thrift Supervision, the Federal Deposit Insur- (2) EFFECTIVE DATE.—The amendments made ance with— ance Corporation, the National Credit Union by subsection (a) shall only apply in accordance ‘‘(A) the Real Estate Settlement Procedures Administration Board, (hereafter in this Act re- with the regulations established in paragraph Act of 1974 and regulations prescribed under ferred to as the ‘‘Federal banking agencies’’) (1) and beginning on the date occurring 180- such Act; and the Federal Trade Commission shall pre- days after the date of the publication of final ‘‘(B) the Flood Disaster Protection Act of 1973 scribe, in final form, such regulations as deter- regulations in the Federal Register. and regulations prescribed under such Act; and mined to be necessary to implement the amend- SEC. 503. REAL ESTATE SETTLEMENT PROCE- ‘‘(C) the law of the State, if applicable, where ments made by subsection (a) before the end of DURES ACT OF 1974 AMENDMENTS. the real property securing the consumer credit the 180-day period beginning on the date of the (a) SERVICER PROHIBITIONS.—Section 6 of the transaction is located. enactment of this Act. Real Estate Settlement Procedures Act of 1974 PPLICABILITY OF PAYMENT OF INTER ‘‘(3) A - (2) EFFECTIVE DATE.—The amendments made (12 U.S.C. 2605) is amended by adding at the end EST.—If prescribed by applicable State or Fed- by subsection (a) shall only apply to covered the following new subsections: eral law, each creditor shall pay interest to the mortgage loans consummated after the end of ‘‘(k) SERVICER PROHIBITIONS.— consumer on the amount held in any impound, the 1-year period beginning on the date of the ‘‘(1) IN GENERAL.—A servicer of a federally re- trust, or escrow account that is subject to this publication of final regulations in the Federal lated mortgage shall not— section in the manner as prescribed by that ap- Register. ‘‘(A) obtain force-placed hazard insurance plicable State or Federal law. (c) CLERICAL AMENDMENT.—The table of sec- unless there is a reasonable basis to believe the ‘‘(4) PENALTY COORDINATION WITH RESPA.— tions for chapter 2 of the Truth in Lending Act borrower has failed to comply with the loan Any action or omission on the part of any per- is amended by inserting after the item relating contract’s requirements to maintain property in- son which constitutes a violation of the Real Es- to section 129C (as added by section 201) the fol- surance; tate Settlement Procedures Act of 1974 or any lowing new item: ‘‘(B) charge fees for responding to valid quali- regulation prescribed under such Act for which fied written requests (as defined in regulations ‘‘129D. Escrow or impound accounts relating to the person has paid any fine, civil money pen- which the Secretary shall prescribe) under this certain consumer credit trans- alty, or other damages shall not give rise to any section; additional fine, civil money penalty, or other actions.’’. ‘‘(C) fail to take timely action to respond to a damages under this section, unless the action or SEC. 502. DISCLOSURE NOTICE REQUIRED FOR borrower’s requests to correct errors relating to omission also constitutes a direct violation of CONSUMERS WHO WAIVE ESCROW allocation of payments, final balances for pur- SERVICES. this section. poses of paying off the loan, or avoiding fore- (a) IN GENERAL.—Section 129D of the Truth in ‘‘(g) DISCLOSURES RELATING TO MANDATORY closure, or other standard servicer’s duties; ESCROW OR IMPOUND ACCOUNT.—In the case of Lending Act (as added by section 501) is amend- ‘‘(D) fail to respond within 10 business days to any impound, trust, or escrow account that is ed by adding at the end the following new sub- a request from a borrower to provide the iden- subject to this section, the creditor shall disclose section: tity, address, and other relevant contact infor- by written notice to the consumer at least 3 ‘‘(i) DISCLOSURE NOTICE REQUIRED FOR CON- mation about the owner assignee of the loan; or business days before the consummation of the SUMERS WHO WAIVE ESCROW SERVICES.— ‘‘(E) fail to comply with any other obligation consumer credit transaction giving rise to such ‘‘(1) IN GENERAL.—If— found by the Secretary, by regulation, to be ap- account or in accordance with timeframes estab- ‘‘(A) an impound, trust, or other type of ac- propriate to carry out the consumer protection lished in prescribed regulations the following in- count for the payment of property taxes, insur- purposes of this Act. formation: ance premiums, or other purposes relating to ‘‘(2) FORCE-PLACED INSURANCE DEFINED.—For ‘‘(1) The fact that an escrow or impound ac- real property securing a consumer credit trans- purposes of this subsection and subsections (l) count will be established at consummation of action is not established in connection with the and (m), the term ‘force-placed insurance’ the transaction. transaction; or means hazard insurance coverage obtained by a ‘‘(2) The amount required at closing to ini- ‘‘(B) a consumer chooses, and provides writ- servicer of a federally related mortgage when tially fund the escrow or impound account. ten notice to the creditor or servicer of such the borrower has failed to maintain or renew ‘‘(3) The amount, in the initial year after the choice, at any time after such an account is es- hazard insurance on such property as required consummation of the transaction, of the esti- tablished in connection with any such trans- of the borrower under the terms of the mortgage. mated taxes and hazard insurance, including action and in accordance with any statute, reg- ‘‘(l) REQUIREMENTS FOR FORCE-PLACED INSUR- flood insurance, if applicable, and any other re- ulation, or contractual agreement, to close such ANCE.—A servicer of a federally related mort- quired periodic payments or premiums that re- account, gage shall not be construed as having a reason- flects, as appropriate, either the taxable as- the creditor or servicer shall provide a timely able basis for obtaining force-placed insurance sessed value of the real property securing the and clearly written disclosure to the consumer unless the requirements of this subsection have transaction, including the value of any improve- that advises the consumer of the responsibilities been met. ments on the property or to be constructed on of the consumer and implications for the con- ‘‘(1) WRITTEN NOTICES TO BORROWER.—A the property (whether or not such construction sumer in the absence of any such account. servicer may not impose any charge on any bor- will be financed from the proceeds of the trans- ‘‘(2) DISCLOSURE REQUIREMENTS.—Any disclo- rower for force-placed insurance with respect to action) or the replacement costs of the property. sure provided to a consumer under paragraph any property securing a federally related mort- ‘‘(4) The estimated monthly amount payable (1) shall include the following: gage unless— to be escrowed for taxes, hazard insurance (in- ‘‘(A) Information concerning any applicable ‘‘(A) the servicer has sent, by first-class mail, cluding flood insurance, if applicable) and any fees or costs associated with either the non-es- a written notice to the borrower containing— other required periodic payments or premiums. tablishment of any such account at the time of ‘‘(i) a reminder of the borrower’s obligation to ‘‘(5) The fact that, if the consumer chooses to the transaction, or any subsequent closure of maintain hazard insurance on the property se- terminate the account at the appropriate time in any such account. curing the federally related mortgage;

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 6333 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5339

‘‘(ii) a statement that the servicer does not for a new mortgage loan to the borrower with ‘‘(w) PROPERTY APPRAISAL REQUIREMENTS.— have evidence of insurance coverage of such the same lender.’’. ‘‘(1) IN GENERAL.—A creditor may not extend property; SEC. 504. TRUTH IN LENDING ACT AMENDMENTS. credit in the form of a subprime mortgage to any ‘‘(iii) a clear and conspicuous statement of the (a) REQUIREMENTS FOR PROMPT CREDITING OF consumer without first obtaining a written ap- procedures by which the borrower may dem- HOME LOAN PAYMENTS.—Chapter 2 of the Truth praisal of the property to be mortgaged prepared onstrate that the borrower already has insur- in Lending Act (15 U.S.C. 1631 et seq.) is amend- in accordance with the requirements of this sub- ance coverage; and ed by inserting after section 129E (as added by section. ‘‘(iv) a statement that the servicer may obtain section 602) the following new section (and by ‘‘(2) APPRAISAL REQUIREMENTS.— such coverage at the borrower’s expense if the amending the table of contents accordingly): ‘‘(A) PHYSICAL PROPERTY VISIT.—An appraisal borrower does not provide such demonstration of property to be secured by a subprime mort- ‘‘SEC. 129F. REQUIREMENTS FOR PROMPT CRED- gage does not meet the requirement of this sub- of the borrower’s existing coverage in a timely ITING OF HOME LOAN PAYMENTS. manner; section unless it is performed by a qualified ap- ‘‘(a) IN GENERAL.—In connection with a con- ‘‘(B) the servicer has sent, by first-class mail, praiser who conducts a physical property visit sumer credit transaction secured by a con- a second written notice, at least 30 days after of the interior of the mortgaged property. sumer’s principal dwelling, no servicer shall fail the mailing of the notice under subparagraph ‘‘(B) SECOND APPRAISAL UNDER CERTAIN CIR- to credit a payment to the consumer’s loan ac- (A) that contains all the information described CUMSTANCES.— count as of the date of receipt, except when a in each clauses of such subparagraph; and ‘‘(i) IN GENERAL.—If the purpose of a subprime delay in crediting does not result in any charge ‘‘(C) the servicer has not received from the mortgage is to finance the purchase or acquisi- to the consumer or in the reporting of negative borrower any demonstration of hazard insur- tion of the mortgaged property from a person information to a consumer reporting agency, ex- ance coverage for the property securing the within 180 days of the purchase or acquisition cept as required in subsection (b). mortgage by the end of the 15-day period begin- of such property by that person at a price that ‘‘(b) EXCEPTION.—If a servicer specifies in ning on the date the notice under subparagraph was lower than the current sale price of the writing requirements for the consumer to follow (B) was sent by the servicer. property, the creditor shall obtain a second ap- in making payments, but accepts a payment ‘‘(2) SUFFICIENCY OF DEMONSTRATION.—A praisal from a different qualified appraiser. The servicer of a federally related mortgage shall ac- that does not conform to the requirements, the second appraisal shall include an analysis of cept any reasonable form of written confirma- servicer shall credit the payment as of 5 days the difference in sale prices, changes in market tion from a borrower of existing insurance cov- after receipt.’’. conditions, and any improvements made to the erage, which shall include the existing insur- (b) REQUESTS FOR PAYOFF AMOUNTS.—Chap- property between the date of the previous sale ance policy number along with the identity of, ter 2 of such Act is further amended by inserting and the current sale. after section 129F (as added by subsection (a)) and contact information for, the insurance com- ‘‘(ii) NO COST TO APPLICANT.—The cost of any pany or agent. the following new section (and by amending the second appraisal required under clause (i) may ‘‘(3) TERMINATION OF FORCE-PLACED INSUR- table of contents accordingly): not be charged to the applicant. ANCE.—Within 15 days of the receipt by a ‘‘SEC. 129G. REQUESTS FOR PAYOFF AMOUNTS OF ‘‘(C) QUALIFIED APPRAISER DEFINED.—For servicer of confirmation of a borrower’s existing HOME LOAN. purposes of this subsection, the term ‘qualified insurance coverage, the servicer shall— ‘‘A creditor or servicer of a home loan shall appraiser’ means a person who— ‘‘(A) terminate the force-placed insurance; send an accurate payoff balance within a rea- ‘‘(i) is, at a minimum, certified or licensed by and sonable time, but in no case more than 7 busi- the State in which the property to be appraised ‘‘(B) refund to the consumer all force-placed ness days, after the receipt of a written request is located; and insurance premiums paid by the borrower dur- for such balance from or on behalf of the bor- ‘‘(ii) performs each appraisal in conformity ing any period during which the borrower’s in- rower.’’. with the Uniform Standards of Professional Ap- surance coverage and the force-placed insur- SEC. 505. ESCROWS INCLUDED IN REPAYMENT praisal Practice and title XI of the Financial ance coverage were each in effect, and any re- ANALYSIS. Institutions Reform, Recovery, and Enforcement lated fees charged to the consumer’s account (a) IN GENERAL.—Section 128(b) of the Truth Act of 1989, and the regulations prescribed with respect to the force-placed insurance dur- in Lending Act (15 U.S.C. 1638(b)) is amended by under such title, as in effect on the date of the ing such period. adding at the end the following new paragraph: appraisal. ‘‘(4) CLARIFICATION WITH RESPECT TO FLOOD ‘‘(5) REPAYMENT ANALYSIS REQUIRED TO IN- ‘‘(3) FREE COPY OF APPRAISAL.—A creditor DISASTER PROTECTION ACT.—No provision of this CLUDE ESCROW PAYMENTS.— shall provide 1 copy of each appraisal con- section shall be construed as prohibiting a ‘‘(A) IN GENERAL.—In the case of any conducted in accordance with this subsection in servicer from providing simultaneous or concur- sumer credit transaction secured by a first mort- connection with a subprime mortgage to the ap- rent notice of a lack of flood insurance pursu- gage or lien on the principal dwelling of the plicant without charge, and at least 3 days prior ant to section 102(e) of the Flood Disaster Pro- consumer, other than a consumer credit trans- to the transaction closing date. tection Act of 1973. action under an open end credit plan or a re- ‘‘(4) CONSUMER NOTIFICATION.—At the time of ‘‘(m) LIMITATIONS ON FORCE-PLACED INSUR- verse mortgage, for which an impound, trust, or the initial mortgage application, the applicant ANCE CHARGES.—All charges for force-placed in- other type of account has been or will be estab- shall be provided with a statement by the cred- surance premiums shall be bona fide and rea- lished in connection with the transaction for the itor that any appraisal prepared for the mort- sonable in amount.’’. payment of property taxes, hazard and flood (if gage is for the sole use of the creditor, and that (b) INCREASE IN PENALTY AMOUNTS.—Section any) insurance premiums, or other periodic pay- the applicant may choose to have a separate ap- 6(f) of the Real Estate Settlement Procedures ments or premiums with respect to the property, praisal conducted at their own expense. Act of 1974 (12 U.S.C. 2605(f)) is amended— the information required to be provided under ‘‘(5) VIOLATIONS.—In addition to any other li- (1) in paragraphs (1)(B) and (2)(B), by strik- subsection (a) with respect to the number, ability to any person under this title, a creditor ing ‘‘$1,000’’ each place such term appears and amount, and due dates or period of payments found to have willfully failed to obtain an ap- inserting ‘‘$2,000’’; and scheduled to repay the total of payments shall praisal as required in this subsection shall be (2) in paragraph (2)(B)(i), by striking take into account the amount of any monthly liable to the applicant or borrower for the sum ‘‘$500,000’’ and inserting ‘‘$1,000,000’’. payment to such account for each such repay- of $2,000. (c) DECREASE IN RESPONSE TIMES.—Section ment in accordance with section 10(a)(2) of the ‘‘(6) SUBPRIME MORTGAGE DEFINED.—For pur- 6(e) of the Real Estate Settlement Procedures Real Estate Settlement Procedures Act of 1974. poses of this subsection, the term ‘subprime Act of 1974 (12 U.S.C. 2605(e)) is amended— ‘‘(B) ASSESSMENT VALUE.—The amount taken mortgage’ means a residential mortgage loan (1) in paragraph (1)(A), by striking ‘‘20 days’’ into account under subparagraph (A) for the with an annual percentage rate that exceeds the and inserting ‘‘5 days’’; payment of property taxes, hazard and flood (if average prime offer rate for a comparable trans- (2) in paragraph (2), by striking ‘‘60 days’’ any) insurance premiums, or other periodic pay- action, as of the date the interest rate is set— and inserting ‘‘30 days’’; and ments or premiums with respect to the property ‘‘(A) by 1.5 or more percentage points for a (3) by adding at the end the following new shall reflect the taxable assessed value of the first lien residential mortgage loan; and paragraph: real property securing the transaction after the ‘‘(B) by 3.5 or more percentage points for a ‘‘(4) LIMITED EXTENSION OF RESPONSE TIME.— consummation of the transaction, including the subordinate lien residential mortgage loan.’’. The 30-day period described in paragraph (2) value of any improvements on the property or to SEC. 602. UNFAIR AND DECEPTIVE PRACTICES may be extended for not more than 15 days if, be constructed on the property (whether or not AND ACTS RELATING TO CERTAIN before the end of such 30-day period, the such construction will be financed from the pro- CONSUMER CREDIT TRANSACTIONS. servicer notifies the borrower of the extension ceeds of the transaction), if known, and the re- (a) IN GENERAL.—Chapter 2 of the Truth in and the reasons for the delay in responding.’’. placement costs of the property for hazard in- Lending Act (15 U.S.C. 1631 et seq.) is amended (d) PROMPT REFUND OF ESCROW ACCOUNTS surance, in the initial year after the trans- by inserting after section 129D (as added by sec- UPON PAYOFF.—Section 6(g) of the Real Estate action.’’. tion 501(a)) the following new section: Settlement Procedures Act of 1974 (12 U.S.C. TITLE VI—APPRAISAL ACTIVITIES ‘‘SEC. 129E. UNFAIR AND DECEPTIVE PRACTICES 2605(g)) is amended by adding at the end the AND ACTS RELATING TO CERTAIN following new sentence: ‘‘Any balance in any SEC. 601. PROPERTY APPRAISAL REQUIREMENTS. CONSUMER CREDIT TRANSACTIONS. such account that is within the servicer’s con- Section 129 of the Truth in Lending Act (15 ‘‘(a) IN GENERAL.—It shall be unlawful, in ex- trol at the time the loan is paid off shall be U.S.C. 1639) is amended by inserting after sub- tending credit or in providing any services for a promptly returned to the borrower within 20 section (v) (as added by section 303(f)) the fol- consumer credit transaction secured by the prin- business days or credited to a similar account lowing new subsection: cipal dwelling of the consumer, to engage in any

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 6333 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5340 CONGRESSIONAL RECORD — HOUSE May 7, 2009

unfair or deceptive act or practice as described ‘‘(1) shall, for purposes of this section, jointly (b) ANNUAL REPORT OF APPRAISAL SUB- in or pursuant to regulations prescribed under prescribe regulations no later than 180 days COMMITTEE.— this section. after the date of the enactment of this section, (1) IN GENERAL.—Section 1103(a) of the Finan- ‘‘(b) APPRAISAL INDEPENDENCE.—For purposes and where such regulations have an effective cial Institutions Reform, Recovery, and Enforce- of subsection (a), unfair and deceptive practices date of no later than 1 year after the date of the ment Act of 1989 (12 U.S.C. 3332(a)) is amended shall include— enactment of this section, defining with speci- at the end by inserting the following new para- ‘‘(1) any appraisal of a property offered as se- ficity acts or practices which are unfair or de- graph: curity for repayment of the consumer credit ceptive in the provision of mortgage lending ‘‘(6) transmit an annual report to the Con- transaction that is conducted in connection services for a consumer credit transaction se- gress not later than January 31 of each year with such transaction in which a person with cured by the principal dwelling of the consumer that describes the manner in which each func- an interest in the underlying transaction com- or mortgage brokerage services for such a trans- tion assigned to the Appraisal Subcommittee has pensates, coerces, extorts, colludes, instructs, inaction and defining any terms in this section or been carried out during the preceding year. The duces, bribes, or intimidates a person con- such regulations; and report shall also detail the activities of the Ap- ducting or involved in an appraisal, or attempts, ‘‘(2) may jointly issue interpretive guidelines praisal Subcommittee, including the results of to compensate, coerce, extort, collude, instruct, and general statements of policy with respect to all audits of State appraiser regulatory agen- induce, bribe, or intimidate such a person, for unfair or deceptive acts or practices in the pro- cies, and provide an accounting of disapproved the purpose of causing the appraised value as- vision of mortgage lending services for a con- actions and warnings taken in the previous signed, under the appraisal, to the property to sumer credit transaction secured by the prin- year, including a description of the conditions be based on any factor other than the inde- cipal dwelling of the consumer and mortgage causing the disapproval and actions taken to pendent judgment of the appraiser; brokerage services for such a transaction, with- achieve compliance.’’. ‘‘(2) mischaracterizing, or suborning any in the meaning of subsections (a), (b), (c), (d), (c) OPEN MEETINGS.—Section 1104(b) of the Fi- mischaracterization of, the appraised value of (e), and (f). nancial Institutions Reform, Recovery, and En- the property securing the extension of the cred- ‘‘(h) PENALTIES.— forcement Act of 1989 (12 U.S.C. 3333(b)) is it; ‘‘(1) FIRST VIOLATION.—In addition to the en- amended by inserting ‘‘in public session after ‘‘(3) seeking to influence an appraiser or oth- forcement provisions referred to in section 130, notice in the Federal Register’’ after ‘‘shall erwise to encourage a targeted value in order to each person who violates this section shall for- meet’’. facilitate the making or pricing of the trans- feit and pay a civil penalty of not more than (d) REGULATIONS.—Section 1106 of the Finan- action; and $10,000 for each day any such violation con- cial Institutions Reform, Recovery, and Enforce- ‘‘(4) withholding or threatening to withhold ment Act of 1989 (12 U.S.C. 3335) is amended— timely payment for an appraisal report or for tinues. ‘‘(2) SUBSEQUENT VIOLATIONS.—In the case of (1) by inserting ‘‘prescribe regulations after appraisal services rendered. any person on whom a civil penalty has been notice and opportunity for comment,’’ after ‘‘(c) EXCEPTIONS.—The requirements of sub- ‘‘hold hearings’’; and section (b) shall not be construed as prohibiting imposed under paragraph (1), paragraph (1) shall be applied by substituting ‘$20,000’ for (2) at the end by inserting ‘‘Any regulations a mortgage lender, mortgage broker, mortgage prescribed by the Appraisal Subcommittee shall banker, real estate broker, appraisal manage- ‘$10,000’ with respect to all subsequent violations. (unless otherwise provided in this title) be lim- ment company, employee of an appraisal man- ited to the following functions: temporary prac- agement company, consumer, or any other per- ‘‘(3) ASSESSMENT.—The agency referred to in subsection (a) or (c) of section 108 with respect tice, national registry, information sharing, and son with an interest in a real estate transaction enforcement. For purposes of prescribing regula- from asking an appraiser to provide 1 or more of to any person described in paragraph (1) shall assess any penalty under this subsection to tions, the Appraisal Subcommittee shall estab- the following services: lish an advisory committee of industry partici- ‘‘(1) Consider additional, appropriate property which such person is subject.’’. pants, including appraisers, lenders, consumer information, including the consideration of ad- (b) CLERICAL AMENDMENT.—The table of sec- advocates, and government agencies, and hold ditional comparable properties to make or sup- tions for chapter 2 of the Truth in Lending Act meetings as necessary to support the develop- port an appraisal. is amended by inserting after the item relating ‘‘(2) Provide further detail, substantiation, or to section 129D (as added by section 501(c)) the ment of regulations.’’. (e) FIELD APPRAISALS AND APPRAISAL RE- explanation for the appraiser’s value conclu- following new item: VIEWS.—Section 1113 of the Financial Institu- sion. ‘‘129E. Unfair and deceptive practices and acts tions Reform, Recovery, and Enforcement Act of ‘‘(3) Correct errors in the appraisal report. relating to certain consumer credit 1989 (12 U.S.C. 3342) is amended— ‘‘(d) PROHIBITIONS ON CONFLICTS OF INTER- transactions.’’. EST (1) by striking ‘‘In determining’’ and inserting .—No certified or licensed appraiser con- SEC. 603. AMENDMENTS RELATING TO APPRAISAL ducting, and no appraisal management com- ‘‘(a) IN GENERAL.—In determining’’; SUBCOMMITTEE OF FIEC, AP- (2) in subsection (a) (as designated by para- pany procuring or facilitating, an appraisal in PRAISER INDEPENDENCE, AND AP- graph (1)), by inserting before the period the fol- connection with a consumer credit transaction PROVED APPRAISER EDUCATION. lowing: ‘‘, where a complex 1-to-4 unit single secured by the principal dwelling of a consumer (a) CONSUMER PROTECTION MISSION.— family residential appraisal means an appraisal may have a direct or indirect interest, financial (1) PURPOSES.—Section 1101 of the Financial for which the property to be appraised, the form or otherwise, in the property or transaction in- Institutions Reform, Recovery, and Enforcement of ownership, the property characteristics, or volving the appraisal. Act of 1989 (12 U.S.C. 3331) is amended by in- the market conditions are atypical’’; and ‘‘(e) MANDATORY REPORTING.—Any mortgage serting ‘‘and to provide the Appraisal Sub- (3) by adding at the end the following new lender, mortgage broker, mortgage banker, real committee with a consumer protection mandate’’ subsection: estate broker, appraisal management company, before the period at the end. ‘‘(b) APPRAISALS AND APPRAISAL REVIEWS.— employee of an appraisal management company, (2) FUNCTIONS OF APPRAISAL SUBCOMMITTEE.— All appraisals performed at a property within a or any other person involved in a real estate Section 1103(a) of the Financial Institutions Re- State shall be prepared by appraisers licensed or transaction involving an appraisal in connec- form, Recovery, and Enforcement Act of 1989 (12 certified in the State where the property is lo- tion with a consumer credit transaction secured U.S.C. 3332(a)) is amended— cated. All appraisal reviews, including appraisal by the principal dwelling of a consumer who has (A) by striking ‘‘and’’ at the end of paragraph reviews by a lender, appraisal management com- a reasonable basis to believe an appraiser is fail- (3); pany, or other third party organization, shall be ing to comply with the Uniform Standards of (B) by striking the period at the end of para- performed by an appraiser who is duly licensed Professional Appraisal Practice, is violating ap- graph (4) and inserting ‘‘;’’; and or certified by a State appraisal board.’’. (C) by adding at the end the following new plicable laws, or is otherwise engaging in uneth- (f) APPRAISAL MANAGEMENT SERVICES.— ical or unprofessional conduct, shall refer the paragraph: (1) SUPERVISION OF THIRD PARTY PROVIDERS ‘‘(5) monitor the efforts of, and requirements matter to the applicable State appraiser certi- OF APPRAISAL MANAGEMENT SERVICES.—Section fying and licensing agency. established by, States and the Federal financial 1103(a) of the Financial Institutions Reform, Re- ‘‘(f) NO EXTENSION OF CREDIT.—In connection institutions regulatory agencies to protect con- covery, and Enforcement Act of 1989 (12 U.S.C. with a consumer credit transaction secured by a sumers from improper appraisal practices and 3332(a)) (as previously amended by this section) consumer’s principal dwelling, a creditor who the predations of unlicensed appraisers in con- is further amended— knows, at or before loan consummation, of a sumer credit transactions that are secured by a (A) by amending paragraph (1) to read as fol- violation of the appraisal independence stand- consumer’s principal dwelling; and’’. lows: ards established in subsections (b) or (d) shall (3) THRESHOLD LEVELS.—Section 1112(b) of the ‘‘(1) monitor the requirements established by not extend credit based on such appraisal unless Financial Institutions Reform, Recovery, and States— the creditor documents that the creditor has Enforcement Act of 1989 (12 U.S.C. 3341(b)) is ‘‘(A) for the certification and licensing of in- acted with reasonable diligence to determine amended by inserting before the period the fol- dividuals who are qualified to perform apprais- that the appraisal does not materially misstate lowing: ‘‘, and that such threshold level pro- als in connection with federally related trans- or misrepresent the value of such dwelling. vides reasonable protection for consumers who actions, including a code of professional respon- ‘‘(g) RULEMAKING PROCEEDINGS.—The Board, purchase 1–4 unit single-family residences. In sibility; and the Comptroller of the Currency, the Director of determining whether a threshold level provides ‘‘(B) for the registration and supervision of the Office of Thrift Supervision, the Federal De- reasonable protection for consumers, each Fed- the operations and activities of an appraisal posit Insurance Corporation, the National Cred- eral financial institutions regulatory agency management company;’’; and it Union Administration Board, and the Federal shall consult with consumer groups and convene (B) by adding at the end the following new Trade Commission— a public hearing’’. paragraph:

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 7634 Sfmt 6333 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5341 ‘‘(7) maintain a national registry of appraisal erally related transaction in a State after the State agencies to the Council on an annual management companies that either are reg- date that is 36 months after the date of the en- basis; and istered with and subject to supervision of a actment of this section unless such company is ‘‘(B) from an appraisal management company State appraiser certifying and licensing agency registered with such State or subject to oversight that either has registered with a State appraiser or are operating subsidiaries of a Federally reg- by a federal financial institutions regulatory certifying and licensing agency in accordance ulated financial institution.’’. agency. with this title or operates as a subsidiary of a (2) APPRAISAL MANAGEMENT COMPANY MIN- ‘‘(2) EXTENSION OF EFFECTIVE DATE.—Subject federally regulated financial institution, an an- IMUM QUALIFICATIONS.—Title XI of the Finan- to the approval of the Council, the Appraisal nual registry fee of— cial Institutions Reform, Recovery, and Enforce- Subcommittee may extend by an additional 12 ‘‘(i) in the case of such a company that has ment Act of 1989 (12 U.S.C. 3331 et seq.) is months the requirements for the registration and been in existence for more than a year, $25 mul- amended by adding at the end the following supervision of appraisal management companies tiplied by the number of appraisers working for new section (and amending the table of contents if it makes a written finding that a State has or contracting with such company in such State accordingly): made substantial progress in establishing a during the previous year, but where such $25 ‘‘SEC. 1124. APPRAISAL MANAGEMENT COMPANY State appraisal management company registra- amount may be adjusted, up to a maximum of MINIMUM QUALIFICATIONS. tion and supervision system that appears to con- $50, at the discretion of the Appraisal Sub- ‘‘(a) IN GENERAL.—The Appraiser Qualifica- form with the provisions of this title.’’. committee, if necessary to carry out the Sub- tions Board of the Appraisal Foundation shall (3) STATE APPRAISER CERTIFYING AND LICENS- committee’s functions under this title; and establish minimum qualifications to be applied ING AGENCY AUTHORITY.—Section 1117 of the Fi- ‘‘(ii) in the case of such a company that has by a State in the registration of appraisal man- nancial Institutions Reform, Recovery, and En- not been in existence for more than a year, $25 agement companies. Such qualifications shall forcement Act of 1989 (12 U.S.C. 3346) is amend- multiplied by an appropriate number to be de- include a requirement that such companies— ed by adding at the end the following: ‘‘The du- termined by the Appraisal Subcommittee, and ‘‘(1) register with and be subject to super- ties of such agency may additionally include the where such number will be used for determining vision by a State appraiser certifying and licens- registration and supervision of appraisal man- the fee of all such companies that were not in ing agency in each State in which such com- agement companies.’’. existence for more than a year, but where such pany operates; (4) APPRAISAL MANAGEMENT COMPANY DEFINI- $25 amount may be adjusted, up to a maximum ‘‘(2) verify that only licensed or certified ap- TION.—Section 1121 of the Financial Institutions of $50, at the discretion of the Appraisal Sub- praisers are used for federally related trans- Reform, Recovery, and Enforcement Act of 1989 committee, if necessary to carry out the Sub- actions; (12 U.S.C. 3350) is amended by adding at the end committee’s functions under this title.’’; and ‘‘(3) require that appraisals coordinated by an the following: (B) by amending the matter following para- appraisal management company comply with ‘‘(11) APPRAISAL MANAGEMENT COMPANY.—The graph (4), as redesignated, to read as follows: the Uniform Standards of Professional Ap- term ‘appraisal management company’ means, ‘‘Subject to the approval of the Council, the Ap- praisal Practice; and in connection with valuing properties praisal Subcommittee may adjust the dollar ‘‘(4) require that appraisals are conducted collateralizing mortgage loans or mortgages in- amount of registry fees under paragraph (4)(A), independently and free from inappropriate incorporated into a securitization, any external up to a maximum of $80 per annum, as nec- fluence and coercion pursuant to the appraisal third party authorized either by a creditor of a essary to carry out its functions under this title. independence standards established under sec- consumer credit transaction secured by a con- The Appraisal Subcommittee shall consider at tion 129E of the Truth in Lending Act. sumer’s principal dwelling or by an underwriter least once every 5 years whether to adjust the ‘‘(b) EXCEPTION FOR FEDERALLY REGULATED of or other principal in the secondary mortgage dollar amount of the registry fees to account for FINANCIAL INSTITUTIONS.—The requirements of markets, that oversees a network or panel of inflation. In implementing any change in reg- subsection (a) shall not apply to an appraisal more than 10 certified or licensed appraisers in istry fees, the Appraisal Subcommittee shall pro- management company that is a subsidiary a State or 25 or more nationally within a given vide flexibility to the States for multi-year cer- owned and controlled by a financial institution year— tifications and licenses already in place, as well and regulated by a federal financial institution ‘‘(A) to recruit, select, and retain appraisers; as a transition period to implement the changes regulatory agency. In such case, the appro- ‘‘(B) to contract with licensed and certified in registry fees. In establishing the amount of priate federal financial institutions regulatory appraisers to perform appraisal assignments; the annual registry fee for an appraisal man- agency shall, at a minimum, develop regulations ‘‘(C) to manage the process of having an ap- agement company, the Appraisal Subcommittee affecting the operations of the appraisal man- praisal performed, including providing adminis- shall have the discretion to impose a minimum agement company to— trative duties such as receiving appraisal orders annual registry fee for an appraisal manage- ‘‘(1) verify that only licensed or certified ap- and appraisal reports, submitting completed appraisers are used for federally related trans- ment company to protect against the under re- praisal reports to creditors and underwriters, porting of the number of appraisers working for actions; collecting fees from creditors and underwriters ‘‘(2) require that appraisals coordinated by an or contracted by the appraisal management for services provided, and reimbursing apprais- company.’’. institution or subsidiary providing appraisal ers for services performed; or (2) INCREMENTAL REVENUES.—Incremental rev- management services comply with the Uniform ‘‘(D) to review and verify the work of apprais- enues collected pursuant to the increases re- Standards of Professional Appraisal Practice; ers.’’. quired by this subsection shall be placed in a and (g) STATE AGENCY REPORTING REQUIRE- separate account at the United States Treasury, ‘‘(3) require that appraisals are conducted MENT.—Section 1109(a) of the Financial Institu- entitled the ‘‘Appraisal Subcommittee Account’’. independently and free from inappropriate in- tions Reform, Recovery, and Enforcement Act of (i) GRANTS AND REPORTS.—Section 1109(b) of fluence and coercion pursuant to the appraisal 1989 (12 U.S.C. 3338(a)) is amended— the Financial Institutions Reform, Recovery, independence standards established under sec- (1) by striking ‘‘and’’ after the semicolon in and Enforcement Act of 1989 (12 U.S.C. 3348(b)) tion 129E of the Truth in Lending Act. paragraph (1); is amended— ‘‘(c) REGISTRATION LIMITATIONS.—An ap- (2) by redesignating paragraph (2) as para- (1) by striking ‘‘and’’ after the semicolon in praisal management company shall not be reg- graph (4); and istered by a State if such company, in whole or (3) by inserting after paragraph (1) the fol- paragraph (3); (2) by striking the period at the end of para- in part, directly or indirectly, is owned by any lowing new paragraphs: person who has had an appraiser license or cer- ‘‘(2) transmit reports on sanctions, discipli- graph (4) and inserting a semicolon; tificate refused, denied, cancelled, surrendered nary actions, license and certification revoca- (3) by adding at the end the following new in lieu of revocation, or revoked in any State. tions, and license and certification suspensions paragraphs: Additionally, each person that owns more than on a timely basis to the national registry of the ‘‘(5) to make grants to State appraiser certi- 10 percent of an appraisal management com- Appraisal Subcommittee; fying and licensing agencies to support the ef- pany shall be of good moral character, as deter- ‘‘(3) transmit reports on a timely basis of su- forts of such agencies to comply with this title, mined by the State appraiser certifying and li- pervisory activities involving appraisal manage- including— censing agency, and shall submit to a back- ment companies or other third-party providers ‘‘(A) the complaint process, complaint inves- ground investigation carried out by the State of appraisals and appraisal management serv- tigations, and appraiser enforcement activities appraiser certifying and licensing agency. ices, including investigations initiated and dis- of such agencies; and ‘‘(d) REGULATIONS.—The Appraisal Sub- ciplinary actions taken; and’’. ‘‘(B) the submission of data on State licensed committee shall promulgate regulations to imple- (h) REGISTRY FEES MODIFIED.— and certified appraisers and appraisal management the minimum qualifications developed by (1) IN GENERAL.—Section 1109(a) of the Finan- ment companies to the National appraisal reg- the Appraiser Qualifications Board under this cial Institutions Reform, Recovery, and Enforce- istry, including information affirming that the section, as such qualifications relate to the State ment Act of 1989 (12 U.S.C. 3338(a)) is amend- appraiser or appraisal management company appraiser certifying and licensing agencies. The ed— meets the required qualification criteria and for- Appraisal Subcommittee shall also promulgate (A) by amending paragraph (4) (as modified mal and informal disciplinary actions; and regulations for the reporting of the activities of by section 603(g) of this Act) to read as follows: ‘‘(6) to report to all State appraiser certifying appraisal management companies in deter- ‘‘(4) collect— and licensing agencies when a license or certifi- mining the payment of the annual registry fee. ‘‘(A) from such individuals who perform or cation is surrendered, revoked, or suspended.’’. ‘‘(e) EFFECTIVE DATE.— seek to perform appraisals in federally related Obligations authorized under this subsection ‘‘(1) IN GENERAL.—No appraisal management transactions, an annual registry fee of not more may not exceed 75 percent of the fiscal year company may perform services related to a fed- than $40, such fees to be transmitted by the total of incremental increase in fees collected

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 6333 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5342 CONGRESSIONAL RECORD — HOUSE May 7, 2009 and deposited in the ‘‘Appraisal Subcommittee certification or license for an individual from ‘‘SEC. 1125. AUTOMATED VALUATION MODELS Account’’ pursuant to subsection (h). another State when— USED TO VALUE CERTAIN MORT- (j) CRITERIA.—Section 1116 of the Financial ‘‘(1) the appraiser licensing and certification GAGES. Institutions Reform, Recovery, and Enforcement program of such other State is in compliance ‘‘(a) IN GENERAL.—Automated valuation mod- Act of 1989 (12 U.S.C. 3345) is amended— with the provisions of this title; and els shall adhere to quality control standards de- (1) in subsection (c), by inserting ‘‘whose cri- ‘‘(2) the appraiser holds a valid certification signed to— teria for the licensing of a real estate appraiser from a State whose requirements for certifi- ‘‘(1) ensure a high level of confidence in the currently meet or exceed the minimum criteria cation or licensing meet or exceed the licensure estimates produced by automated valuation issued by the Appraisal Qualifications Board of standards established by the State where an in- models; The Appraisal Foundation for the licensing of dividual seeks appraisal licensure.’’. ‘‘(2) protect against the manipulation of data; ‘‘(3) seek to avoid conflicts of interest; and real estate appraisers’’ before the period at the (m) CONSIDERATION OF PROFESSIONAL AP- PRAISAL DESIGNATIONS.—Section 1122(d) of the ‘‘(4) require random sample testing and re- end; and views, where such testing and reviews are per- (2) by striking subsection (e) and inserting the Financial Institutions Reform, Recovery, and formed by an appraiser who is licensed or cer- following new subsection: Enforcement Act of 1989 (12 U.S.C. 3351(d)) is tified in the State where the testing and reviews ‘‘(e) MINIMUM QUALIFICATION REQUIRE- amended by striking ‘‘shall not exclude’’ and all take place. MENTS.—Any requirements established for indi- that follows through the end of the subsection ‘‘(b) ADOPTION OF REGULATIONS.—The Ap- viduals in the position of ‘Trainee Appraiser’ and inserting the following: ‘‘may include edu- praisal Subcommittee and its member agencies and ‘Supervisory Appraiser’ shall meet or exceed cation achieved, experience, sample appraisals, shall promulgate regulations to implement the the minimum qualification requirements of the and references from prior clients. Membership in quality control standards required under this Appraiser Qualifications Board of The Ap- a nationally recognized professional appraisal section. praisal Foundation. The Appraisal Sub- organization may be a criteria considered, ‘‘(c) ENFORCEMENT.—Compliance with regula- committee shall have the authority to enforce though lack of membership therein shall not be the sole bar against consideration for an assign- tions issued under this subsection shall be en- these requirements.’’. forced by— (k) MONITORING OF STATE APPRAISER CERTI- ment under these criteria.’’. (n) APPRAISER INDEPENDENCE.—Section 1122 ‘‘(1) with respect to a financial institution, or FYING AND LICENSING AGENCIES.—Section 1118 of subsidiary owned and controlled by a financial the Financial Institutions Reform, Recovery, of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3351) is institution and regulated by a federal financial and Enforcement Act of 1989 (12 U.S.C. 3347) is institution or regulatory agency, the federal fi- amended— amended by adding at the end the following new subsection: nancial institution regulatory agency that acts (1) by amending subsection (a) to read as fol- as the primary federal supervisor of such finan- lows: ‘‘(g) APPRAISER INDEPENDENCE MONITORING.— The Appraisal Subcommittee shall monitor each cial institution or subsidiary; and ‘‘(a) IN GENERAL.—The Appraisal Sub- ‘‘(2) with respect to other persons, the Ap- committee shall monitor each State appraiser State appraiser certifying and licensing agency for the purpose of determining whether such praisal Subcommittee. certifying and licensing agency for the purposes ‘‘(d) AUTOMATED VALUATION MODEL DE- of determining whether such agency— agency’s policies, practices, and procedures are consistent with the purposes of maintaining ap- FINED.—For purposes of this section, the term ‘‘(1) has policies, practices, funding, staffing, ‘automated valuation model’ means any com- and procedures that are consistent with this praiser independence and whether such State has adopted and maintains effective laws, regu- puterized model used by mortgage originators title; and secondary market issuers to determine the ‘‘(2) processes complaints and completes inves- lations, and policies aimed at maintaining ap- collateral worth of a mortgage secured by a con- tigations in a reasonable time period; praiser independence.’’. sumer’s principal dwelling.’’. ‘‘(3) appropriately disciplines sanctioned ap- (o) APPRAISER EDUCATION.—Section 1122 of the Financial Institutions Reform, Recovery, (r) BROKER PRICE OPINIONS.—Title XI of the praisers and appraisal management companies; Financial Institutions Reform, Recovery, and ‘‘(4) maintains an effective regulatory pro- and Enforcement Act of 1989 (12 U.S.C. 3351) is Enforcement Act of 1989 (12 U.S.C. 3331 et seq.), gram; and amended by inserting after subsection (g) (as as amended by this section, is further amended ‘‘(5) reports complaints and disciplinary ac- added by subsection (l) of this section) the fol- by adding at the end the following new section tions on a timely basis to the national registries lowing new subsection: (and amending the table of contents accord- on appraisers and appraisal management com- ‘‘(h) APPROVED EDUCATION.—The Appraisal Subcommittee shall encourage the States to ac- ingly): panies maintained by the Appraisal Sub- cept courses approved by the Appraiser Quali- committee. ‘‘SEC. 1126. BROKER PRICE OPINIONS. fication Board’s Course Approval Program.’’. ‘‘(a) GENERAL PROHIBITION.—Broker price The Appraisal Subcommittee shall have the au- (p) APPRAISAL COMPLAINT HOTLINE.—Section opinions may not be used as the sole basis to de- thority to remove a State licensed or certified 1122 of the Financial Institutions Reform, Re- termine the value of a piece of property for the appraiser or a registered appraisal management covery, and Enforcement Act of 1989 (12 U.S.C. purpose of a loan origination of a residential company from a national registry on an interim 3351), as amended by this section, is further mortgage loan secured by such piece of prop- basis pending State agency action on licensing, amended by adding at the end the following erty. certification, registration, and disciplinary pro- new subsection: ‘‘(b) EXCEPTIONS.—Subsection (a) shall not ceedings. The Appraisal Subcommittee and all ‘‘(i) APPRAISAL COMPLAINT NATIONAL HOT- apply to— agencies, instrumentalities, and Federally recog- LINE.—If, 1 year after the date of the enactment ‘‘(1) those transaction as may be designated nized entities under this title shall not recognize of this subsection, the Appraisal Subcommittee by the federal financial institutions regulatory appraiser certifications and licenses from States determines that no national hotline exists to re- agencies or the Federal Housing Finance Agen- whose appraisal policies, practices, funding, ceive complaints of non-compliance with ap- cy; or staffing, or procedures are found to be incon- praisal independence standards and Uniform ‘‘(2) real estate brokers who produce broker sistent with this title. The Appraisal Sub- Standards of Professional Appraisal Practice, price opinions or competitive market analyses committee shall have the authority to impose including complaints from appraisers, individ- solely for the purposes of the real estate listing sanctions, as described in this section, against a uals, or other entities concerning the improper process. State agency that fails to have an effective ap- influencing or attempted improper influencing ‘‘(c) BROKER PRICE OPINION DEFINED.—For praiser regulatory program. In determining of appraisers or the appraisal process, the Ap- purposes of this section, the term ‘broker price whether such a program is effective, the Ap- praisal Subcommittee shall establish and operate opinion’ means an estimate, done in lieu of a praisal Subcommittee shall include an analyses such a national hotline, which shall include a written appraisal, prepared by a real estate of the licensing and certification of appraisers, toll-free telephone number and an email ad- broker, agent, or sales person that details the the registration of appraisal management com- dress. If the Appraisal Subcommittee operates probable selling price of a particular piece of panies, the issuance of temporary licenses and such a national hotline, the Appraisal Sub- real estate property and provides a varying level certifications for appraisers, the receiving and committee shall refer complaints for further ac- of detail about the property’s condition, market, tracking of submitted complaints against ap- tion to appropriate governmental bodies, includ- and neighborhood, and information on com- praisers and appraisal management companies, ing a State appraiser certifying and licensing parable sales, but does not include an auto- the investigation of complaints, and enforce- agency, a financial institution regulator, or mated valuation model, as defined in section ment actions against appraisers and appraisal other appropriate legal authorities. For com- 1125(c).’’. management companies. The Appraisal Sub- plaints referred to State appraiser certifying and (s) AMENDMENTS TO APPRAISAL SUB- committee shall have the authority to impose in- licensing agencies or to Federal regulators, the COMMITTEE.—Section 1011 of the Federal Finan- terim actions and suspensions against a State Appraisal Subcommittee shall have the author- cial Institutions Examination Council Act of agency as an alternative to, or in advance of, ity to follow up such complaint referrals in 1978 (12 U.S.C. 3310) is amended— the derecognition of a State agency.’’. order to determine the status of the resolution of (1) in the first sentence, by adding before the (2) in subsection (b)(2), by inserting after ‘‘au- the complaint.’’. period the following: ‘‘and the Federal Housing thority’’ the following: ‘‘or sufficient funding’’. (q) AUTOMATED VALUATION MODELS.—Title Finance Agency’’; and (l) RECIPROCITY.—Subsection (b) of section XI of the Financial Institutions Reform, Recov- (2) by inserting at the end the following: ‘‘At 1122 of the Financial Institutions Reform, Re- ery, and Enforcement Act of 1989 (12 U.S.C. 3331 all times at least one member of the Appraisal covery, and Enforcement Act of 1989 (12 U.S.C. et seq.), as amended by this section, is further Subcommittee shall have demonstrated knowl- 3351(b)) is amended to read as follows: amended by adding at the end the following edge and competence through licensure, certifi- ‘‘(b) RECIPROCITY.—A State appraiser certi- new section (and amending the table of contents cation, or professional designation within the fying or licensing agency shall issue a reciprocal accordingly): appraisal profession.’’.

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 6333 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5343

(t) TECHNICAL CORRECTIONS.— tion, but in no case later than 3 days prior to ing and Urban Development authorized Fannie (1) Section 1119(a)(2) of the Financial Institu- the closing of the loan, whether the creditor Mae and Freddie Mac to purchase subprime se- tions Reform, Recovery, and Enforcement Act of grants or denies the applicant’s request for cred- curities that included loans made to low-income 1989 (12 U.S.C. 3348(a)(2)) is amended by strik- it or the application is incomplete or withdrawn. borrowers. ing ‘‘council,’’ and inserting ‘‘Council,’’. ‘‘(2) WAIVER.—The applicant may waive the 3 (5) After this authorization to purchase (2) Section 1121(6) of the Financial Institu- day requirement provided for in paragraph (1), subprime securities, subprime and near-prime tions Reform, Recovery, and Enforcement Act of except where otherwise required in law. loans increased from 9 percent of securitized 1989 (12 U.S.C. 3350(6)) is amended by striking ‘‘(3) REIMBURSEMENT.—The applicant may be mortgages in 2001 to 40 percent in 2006, while ‘‘Corporations,’’ and inserting ‘‘Corporation,’’. required to pay a reasonable fee to reimburse the market share of conventional mortgages (3) Section 1121(8) of the Financial Institu- the creditor for the cost of the appraisal, except dropped from 78.8 percent in 2003 to 50.1 percent tions Reform, Recovery, and Enforcement Act of where otherwise required in law. by 2007 with a corresponding increase in 1989 (12 U.S.C. 3350(8)) is amended by striking ‘‘(4) FREE COPY.—Notwithstanding paragraph subprime and Alt-A loans from 10.1 percent to ‘‘council’’ and inserting ‘‘Council’’. (3), the creditor shall provide a copy of each 32.7 percent over the same period. (4) Section 1122 of the Financial Institutions written appraisal or valuation at no additional (6) In 2004 alone, Fannie Mae and Freddie Reform, Recovery, and Enforcement Act of 1989 cost to the applicant. Mac purchased $175,000,000,000 in subprime (12 U.S.C. 3351) is amended— ‘‘(5) NOTIFICATION TO APPLICANTS.—At the mortgage securities, which accounted for 44 per- (A) in subsection (a)(1) by moving the left time of application, the creditor shall notify an cent of the market that year, and from 2005 margin of subparagraphs (A), (B), and (C) 2 ems applicant in writing of the right to receive a through 2007, Fannie Mae and Freddie Mac to the right; and copy of each written appraisal and valuation purchased approximately $1,000,000,000,000 in (B) in subsection (c)— under this subsection. subprime and Alt-A loans, while Fannie Mae’s (i) by striking ‘‘Federal Financial Institutions ‘‘(6) REGULATIONS.—The Board shall prescribe acquisitions of mortgages with less than 10 per- Examination Council’’ and inserting ‘‘Financial regulations to implement this subsection within cent down payments almost tripled. Institutions Examination Council’’; and 1 year of the date of the enactment of this sub- (7) According to data from the Federal Hous- (ii) by striking ‘‘the council’s functions’’ and section. ing Finance Agency (FHFA) for the fourth inserting ‘‘the Council’s functions’’. ‘‘(7) VALUATION DEFINED.—For purposes of quarter of 2008, Fannie Mae and Freddie Mac SEC. 604. STUDY REQUIRED ON IMPROVEMENTS this subsection, the term ‘valuation’ shall in- own or guarantee 75 percent of all newly origi- IN APPRAISAL PROCESS AND COM- clude any estimate of the value of a dwelling de- PLIANCE PROGRAMS. nated mortgages, and Fannie Mae and Freddie veloped in connection with a creditor’s decision Mac currently own 13.3 percent of outstanding (a) STUDY.—The Comptroller General shall to provide credit, including those values devel- conduct a comprehensive study on possible im- mortgage debt in the United States and have oped pursuant to a policy of a government spon- issued mortgage-backed securities for 31.0 per- provements in the appraisal process generally, sored enterprise or by an automated valuation and specifically on the consistency in and the cent of the residential debt market, a combined model, a broker price opinion, or other method- total of 44.3 percent of outstanding mortgage effectiveness of, and possible improvements in, ology or mechanism.’’. State compliance efforts and programs in ac- debt in the United States. cordance with title XI of the Financial Institu- SEC. 606. REAL ESTATE SETTLEMENT PROCE- (8) On September 7, 2008, the FHFA placed DURES ACT OF 1974 AMENDMENT RE- Fannie Mae and Freddie Mac into conservator- tions Reform, Recovery, and Enforcement Act of LATING TO CERTAIN APPRAISAL 1989. In addition, this study shall examine the ship, with the Treasury Department subse- FEES. quently agreeing to purchase at least existing exemptions to the use of certified ap- Section 4 of the Real Estate Settlement Proce- praisers issued by Federal financial institutions $200,000,000,000 of preferred stock from each en- dures Act of 1974 is amended by adding at the terprise in exchange for warrants for the pur- regulatory agencies. The study shall also review end the following new subsection: the threshold level established by Federal regu- chase of 79.9 percent of each enterprise’s com- ‘‘(c) The standard form described in sub- mon stock. lators for compliance under title XI and whether section (a) shall include, in the case of an ap- there is a need to revise them to reflect the addi- (9) The conservatorship for Fannie Mae and praisal coordinated by an appraisal manage- Freddie Mac has potentially exposed taxpayers tion of consumer protection to the purposes and ment company (as such term is defined in sec- functions of the Appraisal Subcommittee. The to upwards of $5,300,000,000,000 worth of risk. tion 1121(11) of the Financial Institutions Re- (10) The hybrid public-private status of study shall additionally examine the quality of form, Recovery, and Enforcement Act of 1989 (12 different types of mortgage collateral valuations Fannie Mae and Freddie Mac is untenable and U.S.C. 3350(11))), a clear disclosure of— must be resolved to assure that consumers are produced by broker price opinions, automated ‘‘(1) the fee paid directly to the appraiser by valuation models, licensed appraisals, and cer- offered and receive residential mortgage loans such company; and on terms that reasonably reflect their ability to tified appraisals, among others, and the quality ‘‘(2) the administration fee charged by such repay the loans and that are understandable of appraisals provided through different dis- company.’’. tribution channels, including appraisal manage- and not unfair, deceptive, or abusive. TITLE VII—SENSE OF CONGRESS REGARD- ment companies, independent appraisal oper- (b) SENSE OF THE CONGRESS.—It is the sense of ING THE IMPORTANCE OF GOVERNMENT ations within a mortgage originator, and fee- the Congress that efforts to enhance by the pro- SPONSORED ENTERPRISES REFORM for-service appraisals. The study shall also in- tection, limitation, and regulation of the terms clude an analysis and statistical breakdown of SEC. 701. SENSE OF CONGRESS REGARDING THE of residential mortgage credit and the practices enforcement actions taken during the last 10 IMPORTANCE OF GOVERNMENT- related to such credit would be incomplete with- SPONSORED ENTERPRISES REFORM years against different types of appraisers, in- out enactment of meaningful structural reforms TO ENHANCE THE PROTECTION, LIM- of Fannie Mae and Freddie Mac. cluding certified, licensed, supervisory, and ITATION, AND REGULATION OF THE trainee appraisers. Furthermore, the study shall TERMS OF RESIDENTIAL MORTGAGE The CHAIR. No amendment to the examine the benefits and costs, as well as the CREDIT. committee amendment is in order ex- advantages and disadvantages, of establishing a (a) FINDINGS.—The Congress finds as follows: cept those printed in House Report 111– national repository to collect data related to real (1) The Government-sponsored enterprises, 98. Each amendment may be offered Federal National Mortgage Association (Fannie estate property collateral valuations performed only in the order printed in the report, in the United States. Mae) and the Federal Home Loan Mortgage (b) REPORT.—Before the end of the 18-month Corporation (Freddie Mac), were chartered by by a Member designated in the report, period beginning on the date of the enactment Congress to ensure a reliable and affordable shall be considered read, shall be de- of this Act, the Comptroller General shall submit supply of mortgage funding, but enjoy a dual batable for the time specified in the re- a report on the study under subsection (a) to the legal status as privately owned corporations port, equally divided and controlled by Committee on Financial Services of the House of with Government mandated affordable housing the proponent and an opponent of the Representatives and the Committee on Banking, goals. amendment, shall not be subject to Housing, and Urban Affairs of the Senate, to- (2) In 1996, the Department of Housing and amendment, and shall not be subject to gether with such recommendations for adminis- Urban Development required that 42 percent of trative or legislative action, at the Federal or Fannie Mae’s and Freddie Mac’s mortgage fi- a demand for division of the question. State level, as the Comptroller General may de- nancing should go to borrowers with income lev- b 1200 termine to be appropriate. els below the median for a given area. AMENDMENT NO. 1 OFFERED BY MR. FRANK OF SEC. 605. EQUAL CREDIT OPPORTUNITY ACT (3) In 2004, the Department of Housing and AMENDMENT. Urban Development revised those goals, increas- MASSACHUSETTS Subsection (e) of section 701 of the Equal ing them to 56 percent of their overall mortgage The CHAIR. It is now in order to con- Credit Opportunity Act ( U.S.C. 1691) is amend- purchases by 2008, and additionally mandated sider amendment No. 1 printed in ed to read as follows: that 12 percent of all mortgage purchases by House Report 111–98. ‘‘(e) COPIES FURNISHED TO APPLICANTS.— Fannie Mae and Freddie Mac be ‘‘special af- Mr. FRANK of Massachusetts. I offer ‘‘(1) IN GENERAL.—Each creditor shall furnish fordable’’ loans made to borrowers with incomes amendment No. 1. to an applicant a copy of any and all written less than 60 percent of an area’s median income, appraisals and valuations developed in connec- a target that ultimately increased to 28 percent The CHAIR. The Clerk will designate tion with the applicant’s application for a loan for 2008. the amendment. that is secured or would have been secured by a (4) To help fulfill those mandated affordable The text of the amendment is as fol- first lien on a dwelling promptly upon comple- housing goals, in 1995 the Department of Hous- lows:

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5344 CONGRESSIONAL RECORD — HOUSE May 7, 2009

Amendment No. 1 offered by Mr. FRANK of In section 129B(c)(3)(D) of the Truth in parable transaction, as of the date the inter- Massachusetts: Lending Act (as added by section 103 of the est rate is set, by 1.5 or more percentage In section 103(cc)(2) of the Truth in Lend- bill), strike ‘‘rate or’’. points for a first lien residential mortgage ing Act (as added by section 101 of the bill), In section 129B(e)(1) of the Truth in Lend- loan; and by 3.5 or more percentage points insert at the end the following: ‘‘All rule ing Act (as added by section 105 of the bill), for a subordinate lien residential mortgage writing by the ‘Federal banking agencies’ as insert after ‘‘standards’’ the following: ‘‘nec- loan; or (II) using the contract’s repayment designated by the Mortgage Reform and essary or proper to ensure that responsible, schedule, with respect to a loan which has an Anti-Predatory Lending Act will be coordi- affordable mortgage credit remains available annual percentage rate, as of the date the in- nated through the Financial Institutions Ex- to consumers in a manner consistent with terest rate is set, that is at least 1.5 percent- amination Council in consultation with the the purposes of this section and section age points above the average prime offer rate Chairman of the State Liaison Committee.’’. 129B,’’. for a first lien residential mortgage loan; and In section 103(cc)(3)(C) of the Truth in Section 106 is amended by inserting after 3.5 percentage points above the average Lending Act (as added by section 101 of the subsection (e) the following new subsection: prime offer rate for a subordinate lien resi- bill), insert before the semicolon the fol- (f) STANDARDIZED DISCLOSURE FORMS.— dential mortgage loan’’. lowing: ‘‘and who does not advise a consumer (1) IN GENERAL.—Any regulations proposed In section 129C(c)(2)(A)(iv)(I) of the Truth on loan terms (including rates, fees, and or issued pursuant to the requirements of in Lending Act (as added by section 203 of other costs)’’. this section shall include model disclosure the bill)— In section 103(cc)(3) of the Truth in Lend- forms. (1) strike ‘‘does not exceed’’ and insert ‘‘is ing Act (as added by section 101 of the bill)— (2) OPTION FOR MANDATORY USE.—In issuing equal to or less than’’; and (1) in subparagraph (D), strike the final proposed regulations under subsection (a), (2) strike the final ‘‘and’’. ‘‘and’’; the Secretary of Housing and Urban Develop- In section 129C(c)(2)(A)(iv)(II) of the Truth (2) in subparagraph (E), strike the period ment and the Board of Governors of the Fed- in Lending Act (as added by section 203 of at the end and insert ‘‘; and’’; and eral Reserve System shall include regula- the bill)— (3) add at the end the following: tions for the mandatory use of standardized (1) strike ‘‘exceeds’’ and insert ‘‘is more ‘‘(F) does not include a servicer or servicer disclosure forms if they jointly determine than’’; and employees, agents and contractors, including that it would substantially benefit the con- (2) strike the semicolon on the end and in- but not limited to those who offer or nego- sumer. sert ‘‘; and’’. tiate terms of a residential mortgage loan At the end of title I, add the following new In section 129C(c)(2)(A)(iv) of the Truth in for purposes of renegotiating, modifying, re- section: Lending Act (as added by section 203 of the placing and subordinating principal of exist- SEC. 107. STUDY OF SHARED APPRECIATION bill), add at the end the following: ing mortgages where borrowers are behind in MORTGAGES. ‘‘(III) by 3.5 or more percentage points, in their payments, in default or have a reason- (a) STUDY.—The Secretary of Housing and the case of a subordinate lien residential able likelihood of being in default or falling Urban Development, in consultation with mortgage loan;’’. behind.’’. the Secretary of the Treasury and other rel- In section 129C(c) of the Truth in Lending In section 103(cc)(6) of the Truth in Lend- evant agencies, shall conduct a comprehen- Act (as added by section 203 of the bill), in ing Act (as added by section 101 of the bill), sive study to determine prudent statutory the header of paragraph (3), after ‘‘rate’’ in- strike ‘‘128(a)(f) and 128(b)(4)’’ and insert and regulatory requirements sufficient to sert the following: ‘‘and APR thresholds’’. ‘‘and 128(f)’’. In section 129C(c)(3) of the Truth in Lend- In section 129B(b)(4)(A) of the Truth in provide for the widespread use of shared appreciation mortgages to strengthen local ing Act (as added by section 203 of the bill)— Lending Act (as added by section 102 of the (1) in subparagraph (A), strike the final bill), strike ‘‘, the Chairman of the State Li- housing markets, provide new opportunities for affordable homeownership, and enable ‘‘and’’; aison Committee to the Financial Institu- (2) in subparagraph (B), strike the period tions Examination Council,’’. homeowners at-risk of foreclosure to refi- and insert ‘‘; and’’; and In section 129B(c) of the Truth in Lending nance or modify their mortgages. Act (as added by section 103 of the bill), in- (b) REPORT.—Not later than the expiration (3) add at the end the following: sert after paragraph (1) the following (and re- of the 6-month period beginning on the date ‘‘(C) shall adjust the thresholds of 1.50 per- designate succeeding paragraphs accord- of the enactment of this Act, the Secretary centage points in paragraph (2)(A)(iv)(I), 2.50 ingly): of Housing and Urban Development shall percentage points in paragraph (2)(A)(iv)(II), ‘‘(2) RESTRUCTURING OF FINANCING ORIGINA- submit a report to the Congress on the re- and 3.50 percentage points in paragraph TION FEE.— sults of the study, which shall include rec- (2)(A)(v)(III), as necessary to reflect signifi- ‘‘(A) IN GENERAL.—For any mortgage loan, ommendations for the regulatory and legis- cant changes in market conditions and to ef- a mortgage originator may not arrange for a lative requirements referred to in subsection fectuate the purposes of the Mortgage Re- consumer to finance through rate any origi- (a). form and Anti-Predatory Lending Act.’’. nation fee or cost except bona fide third In paragraph (4) of section 129C(a) of the In section 129C(c)(4)(B)(i) of the Truth in party settlement charges not retained by the Truth in Lending Act (as added by section Lending Act (as added by section 203 of the creditor or mortgage originator. 201(a) of the bill), insert after subparagraph bill), after ‘‘are’’ insert the following: ‘‘necessary or proper to ensure that responsible, ‘‘(B) EXCEPTION.—Notwithstanding para- (D) the following new subparagraph: graph subparagraph (A), a mortgage origi- ‘‘(E) REFINANCE OF HYBRID LOANS WITH CUR- affordable mortgage credit remains available nator may arrange for a consumer to finance RENT LENDER.—In considering any applica- to consumers in a manner consistent with through rate an origination fee or cost if— tion for refinancing an existing hybrid loan the purposes of this section,’’. In section 129C(c)(4)(B)(ii) of the Truth in ‘‘(i) the mortgage originator does not re- by the creditor into a standard loan to be Lending Act (as added by section 203 of the ceive any other compensation from the con- made by the same creditor in any case in bill), after ‘‘shall’’ insert the following: ‘‘, in sumer except the compensation that is fi- which the sole net-tangible benefit to the consultation with the Federal banking agen- nanced through rate; and mortgagor would be a reduction in monthly cies,’’. payment and the mortgagor has not been de- ‘‘(ii) the mortgage is a qualified mort- In section 129C(d)(1)(B) of the Truth in linquent on any payment on the existing hy- gage.’’. Lending Act (as added by section 204 of the In section 129B(c)(2) of the Truth in Lend- brid loan, the creditor may— bill), strike ‘‘creditor provides’’ and insert ing Act (as added by section 103 of the bill)— ‘‘(i) consider the mortgagor’s good stand- ‘‘creditor, acting in good faith,’’. (1) in subparagraph (C), strike the final ing on the existing mortgage; In section 129C(d)(3) of the Truth in Lend- ‘‘and’’; ‘‘(ii) consider if the extension of new credit ing Act (as added by section 204 of the bill), (2) in subparagraph (D), strike the period would prevent a likely default should the strike ‘‘and (b) shall’’ and insert ‘‘and (b), and insert ‘‘; and’’; and original mortgage reset and give such con- consistent with reasonable due diligence (3) add at the end the following new sub- cerns a higher priority as an acceptable un- practices prescribed by the Federal banking paragraph: derwriting practice; and agencies, shall’’. ‘‘(E) mortgage originators from— ‘‘(iii) offer rate discounts and other favor- In section 129C(d)(10) of the Truth in Lend- ‘‘(i) mischaracterizing the credit history of able terms to such mortgagor that would be ing Act (as added by section 204 of the bill)— a consumer or the residential mortgage available to new customers with high credit (1) in the header, strike ‘‘Pools and’’ and loans available to a consumer; ratings based on such underwriting prac- insert ‘‘Trustees, pools, and’’; and ‘‘(ii) mischaracterizing or suborning the tice.’’. (2) insert before ‘‘the pools of such loans’’ mischaracterization of the appraised value of In section 129C(a)(4)(D)(ii) of the Truth in the following: ‘‘any trustee that holds such the property securing the extension of cred- Lending Act (as added by section 201 of the loans solely for the benefit of the it; or bill), strike ‘‘the contract’s repayment securitization vehicle,’’. ‘‘(iii) if unable to suggest, offer, or rec- schedule shall be used in this calculation’’ In section 129C(g)(2) of the Truth in Lend- ommend to a consumer a loan that is not and insert the following: ‘‘the calculation ing Act (as added by section 205 of the bill), more expensive than a loan for which the shall be made (I) in accordance with regula- after ‘‘designees,’’ insert the following: ‘‘sub- consumer qualifies, discouraging a consumer tions prescribed by the Federal banking ject to the rights of the consumer described from seeking a home mortgage loan secured agencies, with respect to any loan which has in this subsection,’’. by a consumer’s principal dwelling from an- an annual percentage rate that does not ex- In section 129C(h) of the Truth in Lending other mortgage originator.’’. ceed the average prime offer rate for a com- Act (as added by section 206 of the bill),

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5345 strike paragraph (3) (and redesignate suc- In section 129C(l)(2)(B) of the Truth in ommendation on whether a uniform standard ceeding paragraphs accordingly). Lending Act (as added by section 213 of the is needed’’ before the period at the end. In section 206, insert at the end the fol- bill)— At the end of section 218, insert the following new subsections: (1) strike ‘‘prohibit creditors’’ and insert lowing new subsection: (c) PROTECTION AGAINST LOSS OF ANTI-DE- ‘‘prohibit a creditor’’; and (d) ANALYSIS OF CREDIT RISK RETENTION FICIENCY PROTECTION.—Section 129C of the (2) strike ‘‘creditors are required’’ and in- PROVISIONS.—The report required by sub- Truth in Lending Act is amended by insert- sert ‘‘such creditor is required’’. section (b) shall also include— ing after subsection (k) (as added by sub- In section 129C(l)(2)(C) of the Truth in (1) an analysis by the Comptroller General section (a) of this section) the following new Lending Act (as added by section 213 of the of whether the credit risk retention provi- subsection (and designated succeeding sub- bill)— sions have significantly reduced risks to the sections accordingly): (1) strike ‘‘require creditors’’ and insert larger credit market of the repackaging and ‘‘(l) PROTECTION AGAINST LOSS OF ANTI-DE- ‘‘require a creditor’’; and selling of securitized loans on a secondary FICIENCY PROTECTION.— (2) insert before the semicolon the fol- market; and ‘‘(1) DEFINITION.—For purposes of this sub- lowing: ‘‘by such creditor’’. (2) recommendations to the Congress on section, the term ‘anti-deficiency law’ means In section 129C(l)(3)(A) of the Truth in adjustments that should be made, or addi- the law of any State which provides that, in Lending Act (as added by section 213 of the tional measures that should be undertaken. the event of foreclosure on the residential bill), after ‘‘authority to’’ insert the fol- In section 130(e) of the Truth in Lending property of a consumer securing a mortgage, lowing: ‘‘jointly’’. Act (as amended by section 219 of the bill), the consumer is not liable, in accordance In section 129C(l)(3)(B)(i) of the Truth in strike ‘‘section 219’’ and insert ‘‘section 220’’. with the terms and limitations of such State Lending Act (as added by section 213 of the In section 220 of the bill, insert after sub- law, for any deficiency between the sale bill), strike ‘‘mortgage lenders’’ and insert section (b) the following new subsection (and price obtained on such property through ‘‘creditors that make residential mortgage redesignate succeeding subsections accord- foreclosure and the outstanding balance of loans that are not qualified mortgages’’. ingly): the mortgage. In section 129C(l)(3)(B)(ii) of the Truth in (c) LANDLORD NOTICE TO TENANTS.—Not- ‘‘(2) NOTICE AT TIME OF CONSUMMATION.—In Lending Act (as added by section 213 of the withstanding the law of any State or the the case of any residential mortgage loan bill), strike ‘‘mortgage lenders’’ and insert terms of any consumer residential lease, that is, or upon consummation will be, sub- ‘‘such creditors’’. each person who owns a dwelling or residen- ject to protection under an anti-deficiency In section 129C(l)(4) of the Truth in Lend- tial real property— law, the creditor or mortgage originator ing Act (as added by section 213 of the bill)— (1) which is leased to a bona fide tenant shall provide a written notice to the con- (1) in the heading, strike ‘‘securitization (including a tenancy terminable at will), or sumer describing the protection provided by sponsors’’ and insert ‘‘securitizers’’; which the landlord offers to lease to a pro- the anti-deficiency law and the significance (2) strike ‘‘agencies shall have discretion spective tenant; and for the consumer of the loss of such protec- to’’ and insert ‘‘agencies may jointly, in (2) which, pursuant to the terms of a valid tion before such loan is consummated. their discretion,’’; loan to such person which is secured by such ‘‘(3) NOTICE BEFORE REFINANCING THAT (3) strike ‘‘non-qualified mortgages in ad- dwelling or property, is or becomes subject WOULD CAUSE LOSS OF PROTECTION.—In the dition to or in place of creditors that make to foreclosure or with respect to which the case of any residential mortgage loan that is non-qualified mortgages if the agencies de- person is in default, subject to protection under an anti-defi- termine that applying the requirements to shall promptly notify any such tenant or ciency law, if a creditor or mortgage origi- securitization sponsors rather than origina- prospective tenant of the circumstances pre- nator provides an application to a consumer, tors’’ and insert ‘‘residential mortgages (or vailing with respect to such property and the or receives an application from a consumer, particular types of residential mortgages) effect of any such default or foreclosure. The for any type of refinancing for such loan that that are not qualified mortgages in addition requirements of this subsection shall have no would cause the loan to lose the protection to or in substitution for any or all of the re- effect on any State or local law that provides of such anti-deficiency law, the creditor or quirements that apply to creditors that additional notice or other additional protec- mortgage originator shall provide a written make such mortgages if the agencies jointly tions for tenants. notice to the consumer describing the pro- determine that applying the requirements to In section 103(aa)(4)(B) of the Truth in tection provided by the anti-deficiency law such securitizers’’; Lending Act (as amended by section 301(c) of and the significance for the consumer of the (4) in subparagraph (A), strike ‘‘mortgage the bill)— loss of such protection before any agreement lenders’’ and insert ‘‘creditors of residential (1) strike ‘‘broker’’ and insert ‘‘origi- for any such refinancing is consummated.’’. mortgage loans that are not qualified mort- nator’’; and (d) POLICY REGARDING ACCEPTANCE OF PAR- gages’’; and (2) strike ‘‘the originator’’ and insert ‘‘the TIAL PAYMENT.—Section 129C of the Truth in (5) in subparagraph (B)— creditor’’. Lending Act is amended by inserting after (A) strike ‘‘mortgage lenders, or’’ and in- In section 103(dd) of the Truth in Lending subsection (l) the following new subsection sert ‘‘such creditors,’’; and Act (as added by section 301(d) of the bill)— (and redesignating subsequent subsections of (B) before the period, insert ‘‘, or otherwise (1) in the header, strike ‘‘and prepayment such section accordingly): serve the public interest’’. penalties’’; ‘‘(m) POLICY REGARDING ACCEPTANCE OF After section 128(a)(18) of the Truth in (2) in the matter preceding paragraph (1)— PARTIAL PAYMENT.—In the case of any resi- Lending Act (as added by section 214(a) of (A) strike ‘‘(4)’’ and insert ‘‘(2)’’; and dential mortgage loan, a creditor shall dis- the bill) add the following: (B) strike ‘‘may’’ and insert ‘‘shall’’; close prior to settlement or, in the case of a ‘‘(19) In the case of a residential mortgage (3) redesignate paragraphs (2) and (3) as person becoming a creditor with respect to loan, the total amount of interest that the paragraphs (3) and (4), respectively; an existing residential mortgage loan, at the consumer will pay over the life of the loan as (4) in paragraph (4), as redesignated by time such person becomes a creditor— a percentage of the principal of the loan. paragraph (3), strike ‘‘paragraph (1)’’ and in- ‘‘(1) the creditor’s policy regarding the ac- Such amount shall be computed assuming sert ‘‘paragraphs (1) and (2)’’; and ceptance of partial payments; and the consumer makes each monthly payment (5) strike paragraph (1) and insert the fol- ‘‘(2) if partial payments are accepted, how in full and on-time, and does not make any lowing: such payments will be applied to such mort- over-payments.’’. ‘‘(1) Up to and including 2 bona fide dis- gage and if such payments will be placed in Strike section 214(b). count points payable by the consumer in escrow;’’. In subsection (f)(1) of section 128 of the connection with the mortgage, but only if In section 208(b)— Truth in Lending Act (as added by section the interest rate from which the mortgage’s (1) in paragraph (3)(B), strike the final 215 of the bill), insert after subparagraph (F) interest rate will be discounted does not ex- ‘‘or’’; the following new subparagraph (and redesig- ceed by more than 1 percentage point— (2) in paragraph (4), strike the period on nate the subsequent subparagraph accord- ‘‘(A) the required net yield for a 90-day the end and insert ‘‘; or’’; and ingly): standard mandatory delivery commitment (3) add at the end the following new para- ‘‘(G) The names, addresses, telephone num- for a reasonably comparable loan from either graph: bers, and Internet addresses of counseling the Federal National Mortgage Association (5) notwithstanding paragraph (2), the agencies or programs reasonably available to or the Federal Home Loan Mortgage Cor- availability of any remedies under State law the consumer that have been certified or ap- poration, whichever is greater; or against any assignee, securitizer or proved and made publicly available by the ‘‘(B) if secured by a personal property loan, securitization vehicle that— Secretary of Housing and Urban Develop- the average rate on a loan in connection (A) are in addition to those remedies pro- ment or a State housing finance authority with which insurance is provided under title vided for in section 129C; and (as defined in section 1301 of the Financial I of the National Housing Act (12 U.S.C. 1702 (B) were in effect on the date of enactment Institutions Reform, Recovery, and Enforce- et seq.). of this Act. ment Act of 1989).’’. ‘‘(2) Unless 2 bona fide discount points have In section 129C(l)(1) of the Truth in Lend- In subsection (c) of section 218, insert ‘‘, in- been excluded under paragraph (1), up to and ing Act (as added by section 213 of the bill), cluding an analysis of the exceptions and ad- including 1 bona fide discount point payable strike ‘‘in section’’ and insert ‘‘under sec- justments authorized in section 129C(l)(3)(A) by the consumer in connection with the tion’’. of the Truth in Lending Act and a rec- mortgage, but only if the interest rate from

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5346 CONGRESSIONAL RECORD — HOUSE May 7, 2009 which the mortgage’s interest rate will be before the period at the end insert the fol- Section 601 is amended to read as follows: discounted does not exceed by more than 2 lowing: ‘‘and that ensures adequate distribu- SEC. 601. PROPERTY APPRAISAL REQUIREMENTS. percentage points— tion of amounts for rural areas having tradi- Chapter 2 of the Truth in Lending Act (15 ‘‘(A) the required net yield for a 90-day tionally low levels of access to such coun- U.S.C. 1631 et seq.) is amended by inserting standard mandatory delivery commitment seling services, including areas with insuffi- after 129G (as added by section 504) the fol- for a reasonably comparable loan from either cient access to the Internet’’. lowing new section: In section 406, insert ‘‘, and the role of the Federal National Mortgage Association ‘‘SEC. 129H PROPERTY APPRAISAL REQUIRE- or the Federal Home Loan Mortgage Cor- computer registries of mortgages, including MENTS. those used for trading mortgage loans’’ be- poration, whichever is greater; or ‘‘(a) IN GENERAL.—A creditor may not ex- ‘‘(B) if secured by a personal property loan, fore the period at the end of the 2nd sen- tend credit in the form of a subprime mort- the average rate on a loan in connection tence. gage to any consumer without first obtain- After section 406, insert the following new with which insurance is provided under title ing a written appraisal of the property to be section (and redesignate succeeding sections I of the National Housing Act (12 U.S.C. 1702 mortgaged prepared in accordance with the in title IV accordingly): et seq.).’’. requirements of this section. SEC. 407. DEFAULT AND FORECLOSURE DATA- In subsection (r) of section 129 of the Truth ‘‘(b) APPRAISAL REQUIREMENTS.— BASE. in Lending Act, as added by section 303(c) of ‘‘(1) PHYSICAL PROPERTY VISIT.—An ap- the bill, strike ‘‘DEFERRAL FEES PROHIB- (a) ESTABLISHMENT.—The Secretary of Housing and Urban Development, in con- praisal of property to be secured by a ITED.—A creditor’’ and insert ‘‘DEFERRAL subprime mortgage does not meet the re- FEES PROHIBITED.— sultation with the Federal agencies responsible for regulation of banking and financial quirement of this section unless it is per- ‘‘(1) CREDITORS.—A creditor’’. institutions involved in residential mortgage formed by a qualified appraiser who conducts At the end of paragraph (1) of subsection lending and servicing, shall establish and a physical property visit of the interior of (r) of section 129 of the Truth in Lending maintain a database of information on fore- the mortgaged property. Act, (as so designated by the preceding closures and defaults on mortgage loans for ‘‘(2) SECOND APPRAISAL UNDER CERTAIN CIR- amendment) insert the following new para- one- to four-unit residential properties and CUMSTANCES.— graphs: shall make such information publicly avail- ‘‘(A) IN GENERAL.—If the purpose of a ‘‘(2) THIRD PARTIES.— A third-party may able. subprime mortgage is to finance the pur- not charge a consumer any fee to— (b) CENSUS TRACT DATA.—Information in chase or acquisition of the mortgaged prop- ‘‘(A) modify, renew, extend, or amend a the database shall be collected, aggregated, erty from a person within 180 days of the high-cost mortgage, or defer any payment and made available on a census tract basis. purchase or acquisition of such property by due under the terms of such mortgage; (c) REQUIREMENTS.—Information collected that person at a price that was lower than ‘‘(B) negotiate with a creditor on behalf of and made available through the database the current sale price of the property, the a consumer, the modification, renewal, ex- shall include— creditor shall obtain a second appraisal from tension, or amendment of a high-cost mort- (1) the number and percentage of such a different qualified appraiser. The second gage; or mortgage loans that are delinquent by more appraisal shall include an analysis of the dif- ‘‘(C) negotiate with a creditor on behalf of than 30 days; ference in sale prices, changes in market a consumer, the deferral of any payment due (2) the number and percentage of such conditions, and any improvements made to under the terms of such mortgage, mortgage loans that are delinquent by more the property between the date of the pre- unless the modification renewal, extension than 90 days; vious sale and the current sale. or amendment results in a significantly (3) the number and percentage of such ‘‘(B) NO COST TO APPLICANT.—The cost of lower annual percentage rate on the mort- properties that are real estate-owned; any second appraisal required under subpara- gage, or a significant reduction in the (4) number and percentage of such mort- graph (A) may not be charged to the appli- amount of the outstanding principal on the gage loans that are in the foreclosure proc- cant. mortgage, for the consumer and then only if ess; ‘‘(3) QUALIFIED APPRAISER DEFINED.—For the amount of the fee is comparable to fees (5) the number and percentage of such purposes of this section, the term ‘qualified imposed for similar transactions in connec- mortgage loans that have an outstanding appraiser’ means a person who— tion with consumer credit transactions that principal obligation amount that is greater ‘‘(A) is, at a minimum, certified or licensed are secured by a consumer’s principal dwell- than the value of the property for which the by the State in which the property to be ap- ing and are not high-cost mortgages. loan was made; and praised is located; and ‘‘(3) ENFORCEMENT.—Section 130 shall be (6) such other information as the Secretary ‘‘(B) performs each appraisal in conformity applied for purposes of paragraph (2) by— considers appropriate. with the Uniform Standards of Professional ‘‘(A) substituting ‘third party’ for In section 6(l)(1)(B) of the Real Estate Set- Appraisal Practice and title XI of the Finan- ‘creditor’each place such term appears; and tlement Procedures Act of 1974 (as added by cial Institutions Reform, Recovery, and En- ‘‘(B) substituting ‘any fee charged by a section 503 of the bill), strike ‘‘clauses’’ and forcement Act of 1989, and the regulations third party’ for ‘finance charge’ each place insert ‘‘clause’’. prescribed under such title, as in effect on such term appears.’’. In section 129D(b) of the Truth in Lending the date of the appraisal. In subsection (g)(3)(B)(ix) of section 4 of Act (as added by section 501 of the bill), ‘‘(c) FREE COPY OF APPRAISAL.—A creditor the Department of Housing and Urban Devel- amend paragraph (3) to read as follows: shall provide 1 copy of each appraisal con- opment Act (as added by section 402) insert ‘‘(3) the transaction is secured by a first ducted in accordance with this section in ‘‘, including underdeveloped areas that lack mortgage or lien on the consumer’s principal connection with a subprime mortgage to the basic water and sewer systems, electricity dwelling having an original principal obliga- applicant without charge, and at least 3 days services, and safe, sanitary housing’’ before tion amount that— prior to the transaction closing date. the period at the end. ‘‘(A) does not exceed the amount of the ‘‘(d) CONSUMER NOTIFICATION.—At the time In the matter proposed to be inserted by maximum limitation on the original prin- of the initial mortgage application, the ap- the amendment made by section 403(a) of the cipal obligation of mortgage in effect for a plicant shall be provided with a statement bill, in subsection (g)(1)(B)(xi), strike ‘‘and’’ residence of the applicable size, as of the by the creditor that any appraisal prepared after the semicolon. date such interest rate set, pursuant to the for the mortgage is for the sole use of the In the matter proposed to be inserted by sixth sentence of section 305(a)(2) the Fed- creditor, and that the applicant may choose the amendment made by section 403(a) of the eral Home Loan Mortgage Corporation Act to have a separate appraisal conducted at bill, in subsection (g)(1)(B)(xii), strike the (12 U.S.C. 1454(a)(2)), and the annual percent- their own expense. period at the end and insert ‘‘; and’’. age rate will exceed the average prime offer ‘‘(e) VIOLATIONS.—In addition to any other In the matter proposed to be inserted by rate for a comparable transaction by 1.5 or liability to any person under this title, a the amendment made by section 403(a) of the more percentage points; or creditor found to have willfully failed to ob- bill, after clause (xii) of subsection (g)(1)(B) ‘‘(B) exceeds the amount of the maximum tain an appraisal as required in this section add the following: limitation on the original principal obliga- shall be liable to the applicant or borrower ‘‘(xiii) section 106 of the Energy Policy Act tion of mortgage in effect for a residence of for the sum of $2,000. of 1992 (42 U.S.C. 12712 note).’’. the applicable size, as of the date such inter- ‘‘(f) SUBPRIME MORTGAGE DEFINED.—For In the matter proposed to be inserted by est rate set, pursuant to the sixth sentence purposes of this section, the term ‘subprime the amendment made by section 403(a) of the of section 305(a)(2) the Federal Home Loan mortgage’ means a residential mortgage bill, in subsection (g)(5), strike ‘‘and home Mortgage Corporation Act (12 U.S.C. loan secured by a principal dwelling with an repair loans’’ and insert the following: 1454(a)(2)), and the annual percentage rate annual percentage rate that exceeds the av- ‘‘home repair loans, and where appropriate will exceed the average prime offer rate for erage prime offer rate for a comparable by region, any requirements and costs asso- a comparable transaction by 2.5 or more per- transaction, as of the date the interest rate ciated with obtaining flood or other disaster- centage points; or’’. is set— specific insurance coverage’’. Redesignate section 128(b)(5) of the Truth ‘‘(1) by 1.5 or more percentage points, in In subparagraph (C) of paragraph (4) of the in Lending Act (as added by section 505 of the case of a first lien residential mortgage matter proposed to be inserted by the the bill) as section 128(b)(4) of the Truth in loan having an original principal obligation amendment made by section 404 of the bill, Lending Act. amount that does not exceed the amount of

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5347 the maximum limitation on the original gage brokers and independent appraisers, sultation with the Secretary of Housing and principal obligation of mortgage in effect for and consumers, including the effect on the— Urban Development, shall develop a program a residence of the applicable size, as of the (1) quality and costs of appraisals; to stabilize multifamily properties which are date of such interest rate set, pursuant to (2) length of time for obtaining appraisals; delinquent, at risk of default or disinvest- the sixth sentence of section 305(a)(2) the (3) impact on consumer protection, espe- ment, or in foreclosure. Federal Home Loan Mortgage Corporation cially regarding maintaining appraisal inde- (b) FOCUS OF PROGRAM.—The program de- Act (12 U.S.C. 1454(a)(2)); pendence, abating appraisal inflation, and veloped under this section shall be used to ‘‘(2) by 2.5 or more percentage points, in mitigating acts of appraisal fraud; ensure the protection of current and future the case of a first lien residential mortgage (4) structure of the appraisal industry, es- tenants of at risk multifamily properties, loan having an original principal obligation pecially regarding appraisal management where feasible, by— amount that exceeds the amount of the max- companies, fee-for-service appraisers, and (1) creating sustainable financing of such imum limitation on the original principal the regulation of appraisal management properties that is based on— obligation of mortgage in effect for a resi- companies by the states; and (A) the current rental income generated by dence of the applicable size, as of the date of (5) impact on mortgage brokers and other such properties; and such interest rate set, pursuant to the sixth small business professionals in the financial (B) the preservation of adequate operating sentence of section 305(a)(2) the Federal services industry. reserves; Home Loan Mortgage Corporation Act (12 (d) ADDITIONAL REPORT.—Before the end of (2) maintaining the level of Federal, State, U.S.C. 1454(a)(2)); and the 6-month period beginning on the date of and city subsidies in effect as of the date of ‘‘(3) by 3.5 or more percentage points for a the enactment of this Act, the Comptroller enactment of this Act; and subordinate lien residential mortgage loan’’. General shall submit an additional report to (3) facilitating the transfer, when nec- In section 603, amend the header to read as the Committee on Financial Services of the essary, of such properties to responsible new follows: ‘‘Amendments relating to Appraisal House of Representatives and the Committee owners. Subcommittee of FIEC, Appraiser Independ- on Banking, Housing, and Urban Affairs of (c) COORDINATION.—The Secretary of the ence Monitoring, Approved Appraiser Edu- the Senate containing the findings and con- Treasury shall in carrying out the program cation, Appraisal Management Companies, clusions of the Comptroller General with re- developed under this section coordinate with Appraiser Complaint Hotline, Automated spect to the study conducted pursuant to the Secretary of Housing and Urban Develop- Valuation Models, and Broker Price Opin- subsection (c). Such additional report shall ment, the Federal Deposit Insurance Cor- ions’’. take into consideration the Small Business poration, the Board of Governors of the Fed- Strike section 603(a)(2)(B) (and redesignate Administration’s views on how small busi- eral Reserve System, the Federal Housing succeeding subparagraphs accordingly). nesses are affected by the Home Valuation Finance Agency, and any other Federal Gov- In section 1103(a) of the Financial Institu- Code of Conduct. ernment agency that the Secretary considers tions Reform, Recovery, and Enforcement Insert after title VII the following new appropriate. Act of 1989 (as amended by sections 603(a) title (and conform the table of contents ac- (d) DEFINITION.—For purposes of this sec- and 603(b) of the bill)— cordingly): tion, the term ‘‘multifamily properties’’ (1) in paragraph (5), strike ‘‘; and’’ and in- TITLE VIII—REPORTS means a residential structure that consists sert a period; and of 5 or more dwelling units. (2) strike paragraph (4) and redesignate SEC. 801. GAO STUDY REPORT ON GOVERNMENT EFFORTS TO COMBAT MORTGAGE (e) AUTHORITY.—This section shall not paragraph (6) as paragraph (4). FORECLOSURE RESCUE SCAMS AND limit the ability of the Secretary of the In the header of section 603(e), strike LOAN MODIFICATION FRAUD. Treasury to use any existing authority to ‘‘Field’’. (a) STUDY.—The Comptroller General of carry out the program under this section. In section 1121 of the Financial Institu- the United States shall conduct a study of tions Reform, Recovery, and Enforcement The CHAIR. Pursuant to House Reso- the current inter-agency efforts of the Sec- lution 406, the gentleman from Massa- Act of 1989 (as added by section 603(e)(4) of retary of the Treasury, the Secretary of chusetts (Mr. FRANK) and a Member op- the bill), strike ‘‘10 certified’’ and insert ‘‘15 Housing and Urban Development, the Attor- certified’’. ney General, and the Federal Trade Commis- posed each will control 15 minutes. In section 1125(b) of the Financial Institu- sion to crackdown on mortgage foreclosure The Chair recognizes the gentleman tions Reform, Recovery, and Enforcement rescue scams and loan modification fraud in from Massachusetts. Act of 1989 (as added by section 603(q) of the order to advise the Congress to the risks and Mr. FRANK of Massachusetts. Mr. bill), after ‘‘member agencies’’ insert the fol- vulnerabilities of emerging schemes in the Chairman, this is a somewhat bigger lowing: ‘‘, in consultation with the Appraisal loan modification arena. than usual manager’s amendment be- Standards Board of the Appraisal Founda- (b) REPORT.— tion and other interested parties,’’. cause, frankly, we are responding to (1) IN GENERAL.—The Comptroller General the interest of the Members in trying In section 1125(c)(1) of the Financial Insti- shall submit a report to the Congress on the tutions Reform, Recovery, and Enforcement study conducted under subsection (a) con- to leave. I prevailed on some Members Act of 1989 (as added by section 603(q) of the taining such recommendations for legisla- who had amendments to put them in bill), strike ‘‘institution or regulatory’’ and tive and administrative actions as the Comp- the manager’s amendment. They are insert ‘‘institution regulatory’’. troller General may determine to be appro- not 100 percent agreed to, I think, in In section 1126 of the Financial Institu- priate in addition to the recommendations tions Reform, Recovery, and Enforcement every case, but none of them are major required under paragraph (2). Act of 1989 (as added by section 603(r) of the changes. There are some major changes (2) SPECIFIC TOPICS.—The report made bill), strike subsections (a), (b), and (c), and that we will be dealing with separately. under paragraph (1) shall include— insert the following: So my intention during the time that I (A) an evaluation of the effectiveness of ‘‘(a) GENERAL PROHIBITION.—In conjunction the inter-agency task force current efforts to have will be to yield to those Members with the purchase of a consumer’s principal combat mortgage foreclosure rescue scams who very graciously have agreed to dwelling, broker price opinions may not be and loan modification fraud scams; have their amendments put in the used as the primary basis to determine the (B) specific recommendations on agency or manager’s amendment. value of a piece of property for the purpose legislative action that are essential to prop- of a loan origination of a residential mort- Mr. Chairman, I will begin by yield- erly protect homeowners from mortgage 1 gage loan secured by such piece of property. ing 1 ⁄2 minutes to the gentleman from foreclosure rescue scams and loan modifica- ‘‘(b) BROKER PRICE OPINION DEFINED.—For Maryland (Mr. SARBANES). purposes of this section, the term ‘broker tion fraud scams; and Mr. SARBANES. Mr. Chairman, I rise price opinion’ means an estimate prepared (C) the adequacy of financial resources that the Federal Government is allocating in support of H.R. 1728, the Mortgage by a real estate broker, agent, or sales per- Reform and Anti-Predatory Lending son that details the probable selling price of to— (i) crackdown on loan modification and Act. a particular piece of real estate property and I want to express my thanks to provides a varying level of detail about the foreclosure rescue scams; and property’s condition, market, and neighbor- (ii) the education of homeowners about Chairman FRANK for incorporating into hood, and information on comparable sales, fraudulent scams relating to loan modifica- the manager’s amendment a proposal but does not include an automated valuation tion and foreclosure rescues. we developed to fight back against a Insert after title VIII the following new model, as defined in section 1125(c).’’. new class of predators which is emerg- In section 604, add at the end the following: title (and conform the table of contents accordingly): ing right now. These are third-party (c) ADDITIONAL STUDY REQUIRED.—The consultants that see the chance to TITLE IX—MULTIFAMILY MORTGAGE Comptroller General shall conduct an addi- make fast money promising to help tional study to determine the effects that RESOLUTION people on their loan modifications. the changes to the seller-guide appraisal re- SEC. 901. MULTIFAMILY MORTGAGE RESOLUTION quirements of Fannie Mae and Freddie Mac PROGRAM. I want to emphasize that not all contained in the Home Valuation Code of (a) ESTABLISHMENT.—Subject to subsection counseling services by third parties are Conduct have on small business, like mort- (e), the Secretary of the Treasury, in con- bad and not all middlemen are bad, but

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5348 CONGRESSIONAL RECORD — HOUSE May 7, 2009 there is a group that is always ready to Congressman MILLER offered an I have some other concerns which I take advantage of people. They’re like amendment during the Financial Serv- will express further into the debate sharks that are circling, and in Mary- ices Committee markup that would here. land we’ve seen the Department of Li- have preserved the careful balance of At this time, Mr. Chairman, I reserve censing Labor and Regulation has 70 banning steering while preserving a the balance of my time. open cases right now looking into consumer’s ability to finance the clos- Mr. FRANK of Massachusetts. Mr. fraudulent mortgage modifications. ing costs and origination fees associ- Chairman, I yield myself such time as What has been incorporated in the ated with their loan. I may consume. manager’s amendment that we put for- In committee, Chairman FRANK said The gentleman from Texas is correct. ward would prohibit third parties from he felt that he and Mr. MILLER had I did tell my friend Mr. MILLER from charging fees to consumers for pro- agreed in principle about only banning California we will work on it. It viding or negotiating on a consumer’s incentivized compensation and not di- slipped. But I have spoken to him. The behalf a modification to a high-cost rect compensation. Mr. MILLER with- gentleman presented things very accu- mortgage unless these actions result in drew his amendment, given the agree- rately. As I talked to Mr. MILLER, I a benefit to the consumer through a ment by the chairman to work with think what we have to do, and we will significant reduction in principal or a him on details of the language. The do this before this bill becomes law, is significantly lower annual percentage manager’s amendment does not reflect spell out exactly what’s allowed. I rate on the mortgage. This will protect that agreement, and the Rules Com- think we have conceptual agreement a lot of people, and I thank Chairman mittee did not make in order an on what should be banned and what FRANK for including this in the man- amendment submitted by Mr. MILLER. should be allowed. Sometimes people ager’s amendment. Really instead of clarifying the ability want to leave too much implicit. I’m a Mr. NEUGEBAUER. Mr. Chairman, I of consumers to finance closing costs great believer that redundancy is bet- rise to claim time in opposition to the and origination fees through rate or ter than ambiguity. So I have given the amendment. principal, the manager’s amendment gentleman from California my commit- The CHAIR. The gentleman is recog- removes that option to finance through ment that before this bill becomes law, nized for 15 minutes. the rate completely. if it does, we will spell out what is per- Mr. NEUGEBAUER. Mr. Chairman, I Additionally, the manager’s amend- mitted, much of what the gentleman yield myself such time as I may con- ment says all origination fees must be said. sume. collected either up front or all fees Mr. Chairman, I submit the following cor- There are some provisions in this shall be in the rate. This means con- respondence: amendment that I support and there sumers, again, will no longer have the are some that I don’t. option of paying some closing costs up CONGRESS OF THE UNITED STATES, One of the parts of it that I do sup- front and some through the rate. HOUSE OF REPRESENTATIVES, COM- port is the amendment does call for a MITTEE ON THE JUDICIARY, Consumers should be able to finance Washington, DC, May 7, 2009. GAO study to analyze the effectiveness closing costs and origination fees as Hon. BARNEY FRANK, of the risk-retention provisions of this they deem appropriate for their indi- Chairman, Committee on Financial Services, bill and make recommendations to vidual circumstances. Clarifications House of Representatives, Washington, DC. Congress. My only regret is I wish we were expected to ensure the preserva- DEAR CHAIRMAN FRANK: This is to advise could have done a study before we im- tion of this option, but the only clari- you that, as a result of your having con- plement this particular piece of legisla- fication made was that the bill will sulted with us on provisions in H.R. 1728, the tion. now only prohibit this option in the ‘‘Mortgage Reform and Anti-Predatory Lend- ing Act,’’ that fall within the rule X jurisdic- As you know, section 213 of the bill manager’s amendment. requires creditors to retain an eco- tion of the Committee on the Judiciary, we What does that mean? Well, that are able to agree to discharging our com- nomic interest in at least 5 percent of means when an individual goes to their mittee from further consideration of the bill the credit risk of each loan that is not mortgage lender or to their local com- in order that it may proceed without delay a qualified mortgage that the creditor munity bank, in the past they have had to the House floor for consideration. transfers, sells, or conveys to a third an option to say, you know, I would The Judiciary Committee takes this action party. need to put a certain amount of my with the understanding that by foregoing I think a lot of people feel that this closing costs in the loan and maybe further consideration of H.R. 1728 at this skin in the game may be a good provi- that would be reflected in the rate. time, we do not waive any jurisdiction over sion. I think the question that arises is subject matter contained in this or similar Maybe part of it would be reflected in legislation. We appreciate your continued what will be the impact on small lend- the principal balance. But now we’re willingness to consider further clarifications ers and small community banks across going to take away the option for the and refinements to the provisions in our ju- the country? One of the things that we banker to offer that to the individuals. risdiction as the legislation moves forward. want to make sure is that the bill is And I think that’s what our opposition Finally, we reserve the right to seek ap- not really clear about the mechanism has been to this bill from the very be- pointment of an appropriate number of con- or the mechanics of how this provision ginning, that while we are trying to ferees to any House-Senate conference in- would be implemented, and we’re going prevent predatory lending, and every- volving this important legislation, and re- to have to have regulatory clarifica- quest your support if such a request is made. body is against predatory lending, at I would appreciate your including this let- tion on that. I wish that, again, we the same time we’ve started down a ter in the Congressional Record during con- could have had a study in advance of road where we are going to limit the sideration of the bill on the House floor. that so that we could then make sure available products to individuals. Thank you for your attention to this re- that, as we are implementing this bill, We’re going to raise the cost of these quest, and for the cooperative relationship that the regulators have some direc- mortgages to individuals, and, more between our two committees. tion of how to go to make sure we im- importantly, we’re going to cause mass Sincerely, plement this provision without causing confusion in the marketplace. JOHN CONYERS, Jr., major disruption in the mortgage proc- There are some very punitive things Chairman. ess. Again, I wish we could have done in this bill that if someone is ‘‘steer- HOUSE OF REPRESENTATIVES, that before. ing,’’ that could result in a lawsuit. COMMITTEE ON FINANCIAL SERVICES, There are concerns that I have about And steering could be, well, I think Washington, DC, May 6, 2009. the manager’s amendment as well, Mr. this mortgage, if I offered you this one, Hon. JOHN CONYERS, Chairman, Committee on Chairman. First of all, rather than it would be beneficial to you but I also the Judiciary, House of Representatives, clarifying provisions related to broker think if I offered you this mortgage. Washington, DC. compensation, yield-spread premiums, But I think it’s going to deter a lot of DEAR CHAIRMAN CONYERS: Thank you for and ensuring all types of mortgage mortgage bankers and community your letter concerning H.R. 1728, the ‘‘Mort- creditors are covered by equal gage Reform and Anti-Predatory Lending bankers from offering two different op- Act.’’ This bill will be considered by the antisteering provisions, this amend- tions to individuals because they’re House shortly. ment adds further inequity and confu- going to be afraid that somehow they I want to confirm our mutual under- sion. are steering. standing with respect to the consideration of

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5349 this bill. I acknowledge that portions of the I appreciate the indulgence. And I have vehicle,’’ which is the case in my home bill as reported fall within the jurisdiction of apologized to Mr. MILLER. State of Maryland. the Committee on the Judiciary and I appre- Mr. NEUGEBAUER. Thank you. My home State of Maryland has been ciate your cooperation in moving the bill to Mr. Chairman, at this time it’s my very aggressive at addressing the fore- the House floor expeditiously. I further agree privilege to yield 2 minutes to the gen- that your decision to not to proceed with a closure crisis to protect consumers markup on this bill will not prejudice the tlewoman from West Virginia (Mrs. from fraud and predatory lenders. Committee on the Judiciary with respect to CAPITO). Maryland was one of the first States to its prerogatives on this or similar legisla- Mrs. CAPITO. I would like to thank enact an ability to repay mortgage law tion. I would support your request for con- the gentleman for yielding to me. and has worked closely with the De- ferees on those provisions within your juris- I would like to talk about the bill in partment of Justice in these efforts on diction in the event of a House-Senate con- general, Mr. Chairman. This legislation behalf of consumers. ference. was just introduced on March 23, and I will include a copy of this letter and your less than a month later, which included b 1215 response in the Congressional Record. Thank This important amendment would re- you again for your assistance. our 2-week District Work Period, we spect States like Maryland that al- BARNEY FRANK, had one hearing and then it was fol- Chairman. lowed by a 2-week markup, and we’re ready have stringent laws to address With that, Mr. Chairman, I will now hearing now where things are still some of these issues. needing to be clarified, which I think I would like to thank Chairman yield 11⁄2 minutes to a very diligent member of the committee who has an goes to my first point. I think it’s im- FRANK and particularly Mr. MILLER amendment in the manager’s amend- portant for my colleagues to realize and Mr. WATT for their years of work ment, the gentleman from Minnesota that this legislation has the potential on behalf of consumers. I urge all of my colleagues to support (Mr. ELLISON). to forever change the mortgage mar- Mr. ELLISON. Let me thank the ket, and I have concerns that, while Chairman FRANK’s manager’s amend- Chair for his shepherding this criti- changes are indeed needed, maybe we ment and the underlying bill. Many of cally important piece of legislation to may be moving too briskly on broad these mortgage products should never the floor and getting us to this point. legislation that could have some seri- have been on the market in the first Mr. Chairman, I am very grateful ous unintended consequences. place, and now we will get it right on that the Chair and all the members of The credit risk-retention provision, behalf of consumers. the committee were able to include in the skin-in-the-game provision, while Mr. NEUGEBAUER. I want to speak the manager’s amendment what I be- it’s supported in concept by most, it’s to the gentlewoman’s provision in this lieve is almost the very heart of the still being worked out. There is no con- bill, and one of the concerns I have, I problem here, and that is that people sensus on whom the scope of this provi- mean, there is a lot of people that want who qualified for certain kinds of loans sion would encompass or what the ef- to debate States’ rights versus Federal were steered to loans that made cer- fect would be on the liquidity in the rights. One of the concerns I have tain other folks more wealthy and market. According to the Mortgage about the provision in the manager’s other people who were out to seek Bankers Association, a record number amendment is that it says yes. It says, loans had their credit ratings of borrowers are delinquent, the hous- yes, there is Federal jurisdiction and, mischaracterized. Sometimes people ing market is still very fragile, and yes, there is State jurisdiction. had appraisals that were false and not what is needed is a sense of certainty What I am concerned about is that true, and then, of course, people who that we can accept a floor in the mar- could cause some potential conflicts, were eligible for certain loans were lit- ket. We don’t need constant tinkering and that States would think they had erally discouraged from shopping and changing so that that stability is jurisdiction, the Federal Government around to get a better loan. not there. would think they have jurisdiction, This type of steering is not ambig- A glaring omission in this legisla- and that States might get the opinion uous; it’s not middle-of-the-road stuff. tion, also, is it does nothing to address that they might have jurisdiction on It is just wrong. And I am glad that the the future of the GSEs Fannie and some of the other provisions in this manager’s amendment is going to di- Freddie. These two entities provide the bill. rect the Secretary to promulgate rules lion’s share of liquidity in the mort- And so one of the things that I think that will put certain no-nos into the gage market, and any mortgage reform we need to make sure of, as we move bill that would prevent steering. legislation should include provisions forward on this legislation, is we have, I think if we had not had the level of defining the future role of GSEs in the maybe, clearer lines on this preemp- steering that we had, we would not market. tion statute to make sure that every- have the number of exotic subprime I supported this legislation last week body understands what the rules of en- loans that we had, predatory loans. in the Financial Services Committee gagement are, as this particular piece And if we didn’t have that, we very and I will support it again today, but I of legislation is being implemented. likely would not be at the depth of do have real concerns about some of So one of the other pieces of opposi- trouble that we’re in right now. the provisions that are still left in tion that we have to this is that we So I’m very happy that this is in- limbo. I don’t believe, and I don’t think need a clear, I think a clearer preemp- cluded in the manager’s amendment, anybody does, we should be cutting off tion wording in this bill to make sure that we will have some clear don’ts dollars to homebuyers and homeowners that we understand what the States’ that we will ask rules to be promul- while trying to prevent a problem from jurisdiction is over this bill and what gated on, prohibiting happening again. the Federal jurisdiction is over this mischaracterizing of appraisals, pro- Mr. FRANK of Massachusetts. Mr. bill. hibiting discouraging shopping around, Chairman, I now yield 11⁄2 minutes to I reserve the balance of my time. prohibiting mischaracterization of one of the Members of the House who Mr. FRANK of Massachusetts. Mr. credit scores and others. has been most concerned with stopping Chairman, first I would say to my Mr. NEUGEBAUER. Mr. Chairman, I this abuse, the gentlewoman from friend from Texas that we wanted some appreciate the chairman’s sensitivity Maryland (Ms. EDWARDS). protection to States that don’t have to this because I think it is a very im- Ms. EDWARDS of Maryland. Mr. the option of seceding. States that portant issue that we need to resolve in Chairman, I rise today in support of could secede don’t need this protection. this legislation before it becomes law. Chairman FRANK’s manager’s amend- But those that plan to stay in the Mr. FRANK of Massachusetts. Will ment, and I want to thank the chair- Union, we thought we would try to rec- the gentleman yield? man, with whom I worked diligently to ognize it to try to protect them. Mr. NEUGEBAUER. I yield to the modify the preemption language in sec- I yield 11⁄2 minutes to the gentleman gentleman. tion 208 in a way that would allow the from Rhode Island (Mr. LANGEVIN). Mr. FRANK of Massachusetts. It’s preservation of State laws that provide (Mr. LANGEVIN asked and was given my fault it wasn’t done. I guarantee to for ‘‘additional remedies against any permission to revise and extend his re- you it will be done before the bill, and assignee, securitizer, or securitization marks.)

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5350 CONGRESSIONAL RECORD — HOUSE May 7, 2009 Mr. LANGEVIN. I thank the gen- fact, maybe making the default perma- MESSAGES FROM THE PRESIDENT tleman for yielding. nent by the fact that there will not be A message in writing from the Presi- Mr. Chairman, I rise in strong sup- sufficient revenues to make the pay- dent of the United States was commu- port of H.R. 1718, the Mortgage Reform ments. So I have very large concerns nicated to the House by Ms. Wanda and Anti-Predatory Lending Act and about that. Evans, one of his secretaries. the manager’s amendment that’s be- Additionally, the amendment allows The SPEAKER pro tempore. The fore us today, which I know will bring HUD to step in to troubled properties, Committee will resume its sitting. greater transparency to lending prac- transfer a multiproperty project, if de- f tices nationwide. linquent, at the risk of fault or dis- Unconventional mortgages have left investment or foreclosure. MORTGAGE REFORM AND ANTI- countless Americans facing fore- This is a fairly major expansion of PREDATORY LENDING ACT closure, and this is especially true in HUD’s authority and could be consid- The Committee resumed its sitting. my home state of Rhode Island, with ered to be a property taking. Property AMENDMENT NO. 2 OFFERED BY MR. FRANK OF one of the highest foreclosure rates in of this type may not be in foreclosure MASSACHUSETTS the country. as yet, yet the provision would force The CHAIR. It is now in order to con- With this bill, we will combat un- properties into foreclosure or over into sider amendment No. 2 printed in scrupulous lending practices and bring government control, again, a major ex- House Report 111–98. transparency to the process by requir- pansion, quite honestly, a move away Mr. FRANK of Massachusetts. Mr. ing mortgage originators to be licensed from what the original intent of this Chairman, I offer amendment No. 2. and mandating full disclosure of loan legislation was. The CHAIR. The Clerk will designate terms. Perhaps, most importantly, The original intent of this legislation the amendment. mortgage originators would certify was to prevent predatory lending. And The text of the amendment is as fol- that consumers have a reasonable abil- now we are prescribing how tenants are lows: ity to pay back the loans that they going to be treated, whether we are Amendment No. 2 offered by Mr. FRANK of were applying for and that they are not going to force property owners to make Massachusetts: predatory in nature. disclosures about their financial condi- Strike section 216(e) and insert the fol- We have seen too many lenders steer lowing: tion, a major diversion from what I consumers into loans that they cannot (e) LIMITATION ON DISTRIBUTION OF ASSIST- think is the intent of this legislation, afford. We cannot allow that practice ANCE.— and, again, one of the reasons that I do to continue or to ever happen again. I (1) IN GENERAL.—None of the amounts not support this amendment. made available under this section shall be am also pleased that this measure in- distributed to— cludes protections to renters of fore- Mr. Chairman, I reserve the balance of my time. (A) any organization which has been con- closed property. victed for a violation under Federal law re- H.R. 1728 will address persistent prob- Mr. FRANK of Massachusetts. Mr. lating to an election for Federal office; or lems in the housing market, bring fi- Chairman, I reserve the balance of my (B) any organization which employs appli- nancial stability to families and ensure time. cable individuals. that the appropriate measures are in Mr. NEUGEBAUER. Mr. Chairman, I, (2) DEFINITION OF APPLICABLE INDIVID- place to prevent this kind of mortgage again, rise in opposition to this amend- UALS.—In this subsection, the term ‘‘applicable individual’’ means an individual who— foreclosure crisis from ever happening ment. One of the purposes of this legislation, again, we said, was to prevent (A) is— again in the future. (i) employed by the organization in a per- I want to thank and commend the predatory lending. But, unfortunately, manent or temporary capacity; gentleman from Massachusetts, Chair- the consequences of this legislation are (ii) contracted or retained by the organiza- man FRANK, for his outstanding leader- going to be to increase the cost of tion; or ship on this important measure. I urge mortgage financing for consumers. (iii) acting on behalf of, or with the express support of this bill and the manager’s It’s going to raise the monthly pay- or apparent authority of, the organization; amendment before us today. ments for many consumers over what and Mr. NEUGEBAUER. Mr. Chairman, their choices would have originally (B) has been convicted for a violation under Federal law relating to an election for another provision in this that has been. It’s going to limit the choices Federal office. caused concern is the tenant provi- that are available to them. It’s going Strike section 106(a)(4)(D) of the Housing sions. to force lenders to provide maybe only and Urban Development Act of 1968 (as added This amendment would require prop- one choice. It’s also, I think, going to by section 404 of the bill) and insert the fol- erty owners to promptly notify any continue to cause a major disruption in lowing: tenants or potential tenants upon be- the mortgage system. ‘‘(D) LIMITATION ON DISTRIBUTION OF ASSIST- coming subject to foreclosure or de- As one of the speakers originally ANCE.— faulting on their mortgage loan. This said, the market is very fragile right ‘‘(i) IN GENERAL.—None of the amounts language requires the owner to provide now, and some of the provisions in this made available under this paragraph shall be information on the circumstances with amendment, I think, contribute to distributed to— respect to the property and the effect that. ‘‘(I) any organization which has been convicted for a violation under Federal law re- of the default or foreclosure. With that, I encourage Members to Notice to tenants is important. How- lating to an election for Federal office; or vote against this. ‘‘(II) any organization which employs ap- ever, in multifamily projects such as I yield back the balance of my time. plicable individuals. apartments, a receiver is typically put Mr. FRANK of Massachusetts. Mr. ‘‘(i) DEFINITION OF APPLICABLE INDIVID- in place to manage the property so Chairman, how much time do I have re- UALS.—In this subparagraph, the term ‘appli- that residents can remain in their maining? cable individual’ means an individual who— apartments with no disruption. Man- ‘‘(I) is— The CHAIR. The gentleman from dating a notice to residents, if not done ‘‘(aa) employed by the organization in a Massachusetts has 8 minutes remain- correctly, could cause alarm and permanent or temporary capacity; ing. maybe not even needed alarm. ‘‘(bb) contracted or retained by the organization; or I have a letter from the National Mr. FRANK of Massachusetts. I yield back the balance of my time. ‘‘(cc) acting on behalf of, or with the ex- Apartment Association where they press or apparent authority of, the organiza- have concerns about this very issue, The CHAIR. The question is on the tion; and that if you have got an apartment com- amendment offered by the gentleman ‘‘(II) has been convicted for a violation plex, the owner may be temporarily in from Massachusetts (Mr. FRANK). under Federal law relating to an election for default. You give notice to the tenants The amendment was agreed to. Federal office.’’. that you are temporarily in default. The CHAIR. The Committee will rise The CHAIR. Pursuant to House Reso- The tenants get scared, they start informally. lution 406, the gentleman from Massa- looking for other places to live, and, The Speaker pro tempore (Mr. chusetts (Mr. FRANK) and a Member op- basically, creating vacancies, and, in PERLMUTTER) assumed the Chair. posed each will control 5 minutes.

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5351 The Chair recognizes the gentleman 272 Members of this body, including ally existing, and he was convicted last from Massachusetts. the gentleman from Massachusetts who year and spent nearly 3 months in pris- Mr. FRANK of Massachusetts. Mr. just spoke, voted for that legislation, on. Chairman, I am here to correct a mis- which became law last July. But not The gentleman from Massachusetts take I made in my haste to get the only is it legitimate for Congress to de- says that his amendment is about due markup concluded so we could have cide the threshold for accessing tax- process. But I am sorry, Mr. Chairman, plenty of time to get the reports done, payer funds, it’s incumbent upon this the American people are smarter than the bill on the floor. I agreed to an body to do so in our fiduciary capacity that. They deserve better than such an amendment that I had not read care- to the taxpayers of this great country. oratory sleight of hand. His amend- fully. And for far too long Congress has cava- ment is about our duty as stewards of The amendment would ban any orga- lierly distributed taxpayer money. the taxpayers’ dollar and mine. nization, any organization in America, Every day we can go on record saying Others say this is about the impor- from receiving housing counseling we will no longer set the bar this low. tance of the underlying grant program. funds if anybody in that organization We are all saying, fool me once, shame But there are plenty of legitimate law- is indicted by any prosecutor anywhere on you; fool me twice, shame on me. abiding nonprofits who have never seen for Federal election or voter fraud. But ACORN and organizations like it an indictment that could still apply for So I rise to vindicate an important have fooled us not once, not twice, but these grants. principle of American law that indict- seemingly after every election. The b 1230 ment should not be a cause of serious stories of their indictments for voter The bottom line is this: either you’re penalty, that people should continue to fraud for violating their tax status for against allowing organizations that en- be presumed innocent until proven voter registration improprieties gage in or employ individuals under in- guilty. abound. Grand juries across the Nation To allow any prosecutor, anywhere in vestigation for voter fraud to receive have found them and their employees America, to tell any organization that tax dollars, or you aren’t. lacking. Yet we continue to funnel mil- it is ineligible for these funds, simply Mr. Chair, our votes on this amend- lions of dollars to their coffers. ment make our positions crystal clear by an indictment, is, it seems to me, Just last week, on Monday, the head- to the people we serve. Are we on the inappropriate. lines out of Nevada read ‘‘39 counts of I would point out that while there is people’s side or are we on ACORN’s voter registration fraud against an effort to claim that somehow this is side? We owe it to our constituents ACORN and two of its former employ- specific to one organization, that may who are already tired, frustrated, and ees.’’ It was just several hours ago, hot be the intent, but this bill earmarks no outraged by this cycle of spending and off the presses, that the Pittsburgh funds for any organization. bailout and taxing and borrowing to at Post-Gazette reported breaking news, And it says, here is what it says least show them that we aren’t going an Allegheny County district attorney about the funds: The Secretary shall to pick their pockets to fund groups charged seven employees with ACORN make financial assistance available to that are about abusing their trust over ‘‘with forgery and election law viola- HUD-approved housing counseling and over again. agencies and State housing finance tions, saying they filed hundreds of Mr. Chairman, I reserve the balance agencies. So we have HUD-approved fraudulent voter registrations during of my time. counseling agencies—these are ap- last year’s general election.’’ Mr. FRANK of Massachusetts. I re- proved now on the list from the last ad- Can’t this body do something about serve the balance of my time. ministration—and State housing fi- this, Mr. Chairman? How many felony Mrs. BACHMANN. Mr. Chair, I would nance agencies. charges does it take to see that this or- just end by saying I urge the people of I have some confidence in them and ganization has violated the public this body to oppose this amendment, those who are worried, my amendment trust? because as we stand in our fiduciary says if there is a conviction and the Congress isn’t the arbitrator of guilt duty before the taxpayers, we need to person isn’t fired, you cut off the funds. or innocence. Congress does decide to make our vote clear—and our vote will But to cut off funds that were given spend the people’s money. At what say we either stand with the taxpayers by an approved HUD counseling agency point do we finally say that this orga- of this great country, or we stand with because once persons anywhere in nization is simply not worthy of the ACORN. America were indicted by some pros- hard-earned money of the American Mr. Chair, I would yield 15 seconds to ecutor, is a violation of the basic prin- people. the gentleman from Alabama. ciple of fairness. According to recent testimony at the Mr. BACHUS. First of all, I want to I reserve the balance of my time. House Judiciary Committee, ACORN acknowledge that the funding for this Mrs. BACHMANN. Mr. Chairman, I has been under investigation in States, bill is a good thing for mortgage fore- claim the time in opposition. for, among other things, violations of closure efforts. I would point out that The CHAIR. The gentlewoman from the Tax Code, 501(c)(3); violations of I think the Bachmann amendment is Minnesota is recognized for 5 minutes. the Federal Election Campaign Act of the same amendment we adopted in the Mrs. BACHMANN. I rise in opposi- 1971; fraudulent voter registration ac- GSE Affordable Housing Fund. So we tion to this amendment, which strips tivities; and failure to comply with did adopt that in that legislation. So down language in the bill designed to State law in voter registration drives. her amendment would be consistent keep tax dollars from falling into the And here are just a few more head- with what this body did last year. hands of organizations indicted for lines of late: January, 2009, a voter reg- Mr. FRANK of Massachusetts. How voter fraud or its related crimes. istration worker for ACORN in East much time remains to me, Mr. Chair- It was last week during our Financial Saint Louis was indicted on two counts man? Services Committee markup of the un- of voter fraud for submitting forged The CHAIR. The gentleman from derlying bill, I offered a straight- cards for residents at nursing homes Massachusetts has 31⁄2 minutes remain- forward amendment to limit eligibility without their knowledge. ing. for the housing counseling grants and According to the AP in October of Mr. FRANK of Massachusetts. I yield the legal assistance grants authorized 2008, ‘‘a suburban Philadelphia man myself such time as I may consume. by the bill to exclude organizations in- was charged with forgery, allegedly al- The gentlewoman from Minnesota said, dicted for voter fraud or that employed tering 18 voter-registration applica- ‘‘Do we want to allow funding for peo- people indicted for such crimes. tions during his employment with an ple who employ people who are under Plain and simple, Mr. Chair, it should organization [ACORN] whose voter- investigation?’’ Yes. I don’t want to sound familiar to everyone here in this outreach efforts have become a flash live in a society where the mere insti- Chamber, because the exact same lan- point in the presidential campaign.’’ tuting of an investigation by any pros- guage was passed as part of the Hous- CNN reported October 28 about an ecutor anywhere shuts down lawful ac- ing and Economic Recovery Act of 2008 ACORN worker who helped register tivities. to prohibit groups, such as ACORN, nearly 2,000 voters for the community Now, she said an organization that’s from obtaining taxpayer-funded grants. group ACORN, not one of them actu- under indictment, but the amendment

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5352 CONGRESSIONAL RECORD — HOUSE May 7, 2009 goes far beyond that. Any individual near me. The Republican Party Urban Development Act of 1968 (12 U.S.C. member of an organization, no matter operatives were convicted of election 1701x(a)(4)(F)) (as added by section 404 of this how far flung, apparently, according to fraud. I don’t think that means you go Act), 10 percent shall be used only for assistance to the Neighborhood Reinvestment Cor- the gentlewoman from Minnesota, if an after everybody else. It certainly didn’t poration for activities, in consultation with investigation begins of anybody, you mean pending indictment you do this. servicers of residential mortgage loans, to shut them down. There ought to be a bright line between provide notice to borrowers under such loans The gentlewoman from Minnesota penalties for indictment and for con- who are delinquent with respect to payments mentioned someone who has been conviction. due under such loans that makes such bor- victed. Under the amendment I offered, Now if the amendment had said a rowers aware of the dangers of fraudulent ac- that would end it. We would either pattern of indictments, that’s a dif- tivities associated with foreclosure. (b) NOTICE.—The Neighborhood Reinvest- have to fire that person or lose the ferent story. It might have been a bet- ment Corporation, in consultation with funding. ter argument. But this says a single in- servicers of residential mortgage loans, shall Mrs. BACHMANN. Will the gen- dictment of any individual by any pros- use the amounts provided pursuant to sub- tleman yield? ecutor for any organization anywhere section (a) to carry out activities to inform Mr. FRANK of Massachusetts. No. in American has these negative con- borrowers under residential mortgage The conviction triggers it. No question. sequences. loans— That’s what is in the amendment. My I think we have seen enough of pros- (1) that the foreclosure process is complex amendment says if you are convicted, ecutorial misconduct, whether it was and can be confusing; it’s triggered. But to say that any indi- (2) that the borrower may be approached Senator Stevens or whether it was during the foreclosure process by persons re- vidual who works for any organization Members on both sides of the aisle, garding saving their home and they should who’s indicted, shuts it down. The gen- whether it has been organizations that use caution in any such dealings; tlewoman said, Are you on the side of have been prosecuted. I don’t think we (3) that there are Federal Government and ACORN? want to set that principle. Remember, nonprofit agencies that may provide infor- Mrs. BACHMANN. Will the gen- this is precedential. Once we set as a mation about the foreclosure process, includ- tleman yield to answer your point? body the legal principle—apparently, it ing the Department of Housing and Urban Mr. FRANK of Massachusetts. No. was in the earlier bill. It shouldn’t Development; and The CHAIR. The gentleman from (4) that they should contact their lender have been. If I missed that, I apologize. immediately, contact the Department of Massachusetts controls the time. I want to now repudiate the notion Housing and Urban Development to find a Mr. FRANK of Massachusetts. The that the action of a single prosecutor housing counseling agency certified by the issue is this: the gentlewoman, I think, who may be politically motivated to Department to assist in avoiding foreclosure, inaccurately says, Are you for ACORN indict anybody anywhere for election or visit the Department’s website regarding or the American people? This bill says fraud, disables that organization, tips for avoiding foreclosure; and nothing about ACORN. This bill says forces the organization to fire an indi- (5) of the telephone number of the loan that approved HUD counseling agencies vidual who may later be vindicated. servicer or successor, the telephone number of the Department of Housing and Urban De- and State financing agencies can make Yes, the gentlewoman said one of the the choice. velopment housing counseling line, and the employees of the organization that has Uniform Resource Locators (URLs) for the What I think the amendment says is motivated her amendment was con- Department of Housing and Urban Develop- this: Are you for the principle of Amer- victed. My amendment says: in that ment websites for housing counseling and for ican justice that says the mere institu- case, you either fire the person or you tips for avoiding foreclosure. tion of an indictment by any pros- lose the money. The CHAIR. Pursuant to House Reso- ecutor anywhere, at any level? Conviction ought to be the standard. lution 406, the gentleman from Ala- Mrs. BACHMANN. Would the gen- But a single indictment by a single bama (Mr. BACHUS) and a Member op- tleman yield? prosecutor anywhere, I do not think posed each will control 5 minutes. Mr. FRANK of Massachusetts. Mr. that is the rule of law under which The Chair recognizes the gentleman Chair, I have told the gentlewoman I Americans wants to live. from Alabama. would not yield. Could she be in- I yield back the balance of my time. Mr. BACHUS. Before I discuss my structed that that is the answer that The CHAIR. The question is on the amendment, I’d like to thank Chair- she’s going to get, and to stop inter- amendment offered by the gentleman man FRANK and really, first of all, ac- rupting? from Massachusetts (Mr. FRANK ). knowledge his efforts over the past few The CHAIR. It is apparent the gen- The question was taken; and the years to combat predatory lending tleman is not going to yield. When a Chair announced that the ayes ap- practices. I think as early as 2005, he Member has asked a Member under rec- peared to have it. was aggressively trying to stop some of ognition to yield several times, and it Mrs. BACHMANN. Mr. Chairman, I these practices. becomes apparent that the Member demand a recorded vote. I also appreciate the chairman work- under recognition is not going to yield, The CHAIR. Pursuant to clause 6 of ing with me to bring this amendment the Member shouldn’t continue to ask rule XVIII, further proceedings on the to the floor. Originally, my amendment him to yield or otherwise interrupt amendment offered by the gentleman funded foreclosure rescue scam aware- him. from Massachusetts will be postponed. ness and prevention efforts. And that’s Mr. FRANK of Massachusetts. There what the amendment is about. It’s AMENDMENT NO. 3 OFFERED BY MR. BACHUS are some basic rules like the ones of about so-called foreclosure rescue The CHAIR. It is now in order to con- debate. Also, the fact that I said that scams. I had proposed using money sider amendment No. 3 printed in to empower any prosecutor anywhere, from the legal assistance fund and, House Report 111–98. at any level. And this isn’t about after consultation with Chairman Mr. BACHUS. Mr. Chairman, I have ACORN. We don’t sit here to judge on FRANK, I revised my amendment to use an amendment at the desk made in this or that organization. The gentle- the bill’s counseling authorization as a order under the rule. woman said we don’t judge guilt or in- funding source. nocence. Well, the amendment tries to The CHAIR. The Clerk will designate Although the chairman and I dis- do that. the amendment. agree on the underlying merits of the The amendment says: a guilty find- The text of the amendment is as fol- bill, I do appreciate the spirit of bipar- ing by statute; in the absence of a lows: tisanship which the chairman has guilty finding, in a court of law. Be- Amendment No. 3 offered by Mr. BACHUS: shown in our discussions on this cause if there’s a guilty finding in a At the end of title IV, add the following amendment and the bill as a whole. court of law, under my amendment, new section: I earlier acknowledged your efforts SEC. 410. WARNINGS TO HOMEOWNERS OF FORE- since I think at least 2005 to come up then this denies funding to people. CLOSURE RESCUE SCAMS. There are a lot of prosecutors. And (a) ASSISTANCE TO NRC.—Notwithstanding with a bipartisan bill. I don’t think we it’s not just ACORN. There are a lot of any other provision of law, of any amounts were successful this year, but I think organizations, including political par- made available for any fiscal year pursuant had our efforts been successful in prior ties in the State of New Hampshire, to section 106(a)(4)(F) of the Housing and years, we could have avoided some of

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5353 this. And I’m sorry the other body suspicious activity reports regarding ‘‘(l) ACCELERATION OF DEBT.—No high-cost didn’t show the urgency that we did. loan modification and foreclosure res- mortgage may contain a provision which Mr. FRANK of Massachusetts. If the cue scams. permits the creditor to accelerate the in- gentleman would yield, he said he is The CHAIR. The time of the gen- debtedness, except when repayment of the loan has been accelerated by default in pay- sorry the other body didn’t move. tleman has expired. ment, or pursuant to a due-on-sale provision, There’s a lot of that going around b 1245 or pursuant to a material violation of some Mrs. BACHUS. That’s right. There is. other provision of the loan document unre- But I’d say to the Members, there’s an Mr. FRANK of Massachusetts. Mr. lated to payment schedule.’’. Chairman, in the absence of anyone unprecedented number of homeowners The CHAIR. Pursuant to House Reso- else, I will claim this time in opposi- that are delinquent on their mortgages lution 406, the gentleman from Colo- tion. and entering foreclosures. In fact, the rado (Mr. PERLMUTTER) and a Member The CHAIR. The gentleman is recog- Mortgage Bankers Association esti- opposed each will control 5 minutes. mates that at least 11 percent of the nized for 5 minutes. The Chair recognizes the gentleman Mr. FRANK of Massachusetts. Mr. mortgages now are delinquent and will from Colorado. Chairman, the gentleman from Ala- probably go into foreclosure. This is Mr. PERLMUTTER. Mr. Chairman, bama has very accurately stated this. creating really a desperate situation the amendment that I propose to the He worked with us until we got an across the country. House today is twofold. The first part amendment that did some good, that Unfortunately, as all desperate situa- deals with a section of the bill that avoided some problems we thought we tions, this situation has created oppor- provides 90 days for tenants to stay in would have. So I hope the amendment tunities for scam artists to take advan- a home or an apartment house that has is agreed to. tage of homeowners in desperate situa- been foreclosed upon. Mr. BACHUS. If the gentleman would tions through so-called foreclosure res- The purpose of this amendment, and yield me 30 seconds? it is very narrowly drawn, is only as to cue schemes. My amendment is de- Mr. FRANK of Massachusetts. I yield signed to at least offer some protection those properties that are owner-occu- to the gentleman for 30 seconds. pied homes where the owner has to those homeowners from being vic- Mr. BACHUS. Mr. Chairman, I think timized in this way. covenanted with the lender that they this is a very good amendment. I want are going to occupy the house. What It’s just amazing that, whether it was to close and thank the gentleman for in Katrina or other natural disasters or happens is often the owner moves out, that time. leases the property to someone, fore- gas shortages, that people seem to take Mr. FRANK and I both agree, and I closure begins. The lender has no chain advantage and act their worst during think most Members of this body, we of title, no connection with this par- times of struggle and crisis. must stop these outrageous mortgage This amendment allows mortgage ticular tenant, nor is there any expec- fraud rescue scams. Congress shuts off tation that there would be a tenant be- servicers to work together with the one avenue for fraud, and we did that Neighborhood Reinvestment Corpora- cause the owner said ‘‘I am going to with the National Mortgaging Licens- live there.’’ tion, which is a congressionally char- ing and Registration System now being tered organization, to make delinquent Under the law today, there is no ad- instituted by the Conference of State ditional time beyond the foreclosure borrowers aware that they may be tar- Banking Supervisors. But every time gets of fraud and inform them on how for a tenant to remain in that owner- you shut one door, these innovative occupied house. Under the bill that is best to protect themselves. crooks find a back door, and now they The amendment is funded by dedi- proposed, that timeline is extended to have moved into the fertile field of 90 days beyond the foreclosure. My cating 10 percent of the funds author- foreclosure. ized under section 404 to this much amendment shrinks that back to 30 We must protect unsuspecting and days. So it is 30 days more than the law needed form of housing counseling. vulnerable homeowners from being Many scam artists use publicly avail- allows today, but less than what is pro- cheated by these rogues and frauds. posed in the bill, because the lender able information about defaults and I close by urging my colleagues to foreclosures starts to contact troubled has never had any dealings with that vote ‘‘yes.’’ particular tenant. This is not like a borrowers. In States with judicial fore- Mr. FRANK of Massachusetts. I yield closures, lenders file a foreclosure ac- multifamily apartment house where back the balance of my time. the lender expects that there are going tion in a local court. In States where The CHAIR. The question is on the to be tenants or an investor type of a there’s nonjudicial foreclosure regimes, amendment offered by the gentleman loan where the lender expects a tenant lenders file a notice of default with the from Alabama (Mr. BACHUS). to be in place. Ninety days is probably county recorder. All these records are The amendment was agreed to. a reasonable amount in that situation, available to the public and provide raw AMENDMENT NO. 4 OFFERED BY MR. but not here, so I have asked to shrink material for fraud artists to prey upon PERLMUTTER it down to 30 days. That is the first troubled borrowers. The CHAIR. It is now in order to con- part of the amendment. In a classic loan modification scam, sider amendment No. 4 printed in The second part of the amendment is borrowers are duped into paying up- House Report 111–98. something I talked to Mr. MILLER Mr. PERLMUTTER. Mr. Chairman, I front fees for a loan modification that about, which is to clarify the language have an amendment at the desk. never occurs. In some cases, borrowers about when acceleration of a loan can are told that in order to complete a The CHAIR. The Clerk will designate the amendment. occur. Now what we have said is accel- mortgage refinancing needed to avoid eration occurs upon a default in pay- foreclosure, they must sign over the The text of the amendment is as follows: ment or a due-on-sale clause or a mate- title of the property. Another scam rial violation in the contract. So those promises homeowners they can stay in Amendment No. 4 offered by Mr. PERLMUTTER: are the two sections of this amend- their home as renters and buy back ment. their properties at a later date. In section 220(a)(2)(B)— (1) insert ‘‘(i)’’ before ‘‘such notice to va- I reserve the balance of my time. On February 10, 2009, the administra- cate’’; and Mr. ELLISON. Mr. Chairman, I rise tion released the Home Affordable Re- (2) insert before the period the following: ‘‘; to claim the time in opposition. finance Program and a Home Afford- and (ii) with respect to a single-family resi- The CHAIR. The gentleman is recog- able Modification Program. Unfortu- dence for which the borrower rented the unit nized for 5 minutes. nately, with the introduction of these in violation of the mortgage contract, such Mr. ELLISON. Let me first thank my new programs, unscrupulous persons or notice to vacate shall be provided by the pur- friend from Colorado who has worked companies have yet again found new chaser to the tenant in such unit at least 30 diligently. He is an excellent legislator opportunities to defraud unsuspecting days before the effective date of such notice, and was a fine lawyer and I think still and shall include a copy of the mortgage borrowers. contract prohibiting the rental of the unit’’. is licensed to practice law, and so it is In fact, April 6, about a month ago, Amend section 129(l) of the Truth in Lend- a pleasure working with him. On this Treasury’s FinCEN announced guiding Act (as added by section 303 of the bill) issue, unfortunately, we don’t quite see ance to financial institutions on filing to read as follows: it the same.

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5354 CONGRESSIONAL RECORD — HOUSE May 7, 2009 I think that the 90-day provision is close. The gentleman is the manager Mr. HENSARLING. Mr. Chairman, I fine and should remain in the bill as it opposed to the amendment. have an amendment at the desk. exists now. To cut down by 60 days the Mr. PERLMUTTER. Well, I would The CHAIR. The Clerk will designate opportunity for a renter to find a new say to my friend from Minnesota that the amendment. place to live after they may have done I appreciate your comments, although The text of the amendment is as fol- nothing wrong, made every payment, I would disagree with you. lows: paid every penny on time, really is not When it comes to a situation where Amendment No. 5 offered by Mr. fair and is not good for public policy. tenants are expected to be in a prop- HENSARLING: The fact is that, when a house goes erty, whether it is a multifamily apart- In section 129C(d) of the Truth in Lending into foreclosure, that neighborhood ment house or something where there Act (as added by section 204 of the bill), strike paragraphs (2) and (3) and insert the and that home are best preserved by is this expectation on the lender, I would agree with my friend’s points. following (and redesignate succeeding para- keeping that occupant in there. If they graphs accordingly): are required to leave just after 30 days, But not here, not where there has been a covenant that it is going to be owner ‘‘(2) ASSIGNEE AND SECURITIZER EXEMP- which is very, very fast, that means TION.—No assignee or securitizer of a resi- that we could end up with an empty occupied. And often, that covenant dential mortgage loan shall be liable under building where it is subject to copper comes along with a reduction in the in- this subsection.’’. strippers. It will be an attractive nui- terest rate, so there is consideration In section 129C(d)(6) of the Truth in Lend- for it. ing Act (as added by section 204 of the bill), sance for people who want to commit, So I appreciate your point about not strike ‘‘, assignee, or securitizer’’ each place perhaps, crime. It will be a very dif- being too narrow and legalistic, but it appears. ficult and bad situation. And we know this is an important point, and it is one In section 129C(d)(7) of the Truth in Lend- that once a house goes into foreclosure that deals with the contract itself and ing Act (as added by section 204 of the bill), and then is not occupied, that is a di- the certainty of the contract. strike ‘‘, assignee, or securitizer’’ each place rect blow to the property values of peo- it appears. Secondly, the lender may have some- Strike section 129C(d)(8) of the Truth in ple who live everywhere in the neigh- body else who is ready to come in and borhood. Lending Act (as added by section 204 of the buy, and there are a lot of people who bill) (and redesignate succeeding paragraphs So this provision, this 90 days actu- want to buy these homes, too. I would accordingly). ally makes a lot of sense. It should say to my friend from Minnesota, and In section 129C(d)(9) of the Truth in Lend- stay in harmony with the bill as it ex- they shouldn’t be deprived of the op- ing Act (as added by section 204 of the bill)— ists and not be reduced. I will acknowl- portunity to purchase them. The lender (1) strike ‘‘, assignee, or securitizer’’; and edge appreciation that the author of also may want to continue to lease the (2) strike ‘‘or an assignee or securitizer this amendment does allow for 30 days. property out to the individual who is under paragraph (2)’’. I appreciate that, but I think it should In section 129C(d)(10) of the Truth in Lend- occupying the home. ing Act (as added by section 204 of the bill), be more. It should be the 90 days that So there are a number of reasons strike ‘‘the terms ‘assignee’ and ‘securitizer’, is already there. why, at 30 days, I think we are giving as used in this section, do not include’’. This amendment, if adopted, would substantial time to these individuals to In section 129C(e) of the Truth in Lending work to penalize the one person who vacate the premises. That should be Act (as added by section 205 of the bill), has not had anything to do with the the cutoff date. strike ‘‘or any assignee or securitizer’’ each foreclosure crisis. They were not party I would also remind my friend that, place it appears. to the foreclosure. They were not party in the manager’s amendment, Mr. FIL- The CHAIR. Pursuant to House Reso- to the mortgage in the beginning. They NER has an amendment that is part of lution 406, the gentleman from Texas weren’t party to the securitization, nor it that gives notice to the tenant at (Mr. HENSARLING) and a Member op- did they engage in any derivatives or the outset of the foreclosure that posed each will control 5 minutes. anything like that which have brought something is going on with the prop- The Chair recognizes the gentleman us to this very difficult point. erty so that there is not a surprise. So from Texas. The fact is that the tenant who may I would urge a ‘‘yes’’ vote on the Mr. HENSARLING. Mr. Chairman, have been paying every rent every Perlmutter amendment. the subject of mortgage reform is a month, month after month, has no con- I yield back the balance of my time. very serious subject. And although trol or responsibility over the owner Mr. ELLISON. Let me just point out there are certain laudable aspects of that tenants are hard hit by this fore- who may have violated certain condi- the underlying legislation, I fear that closure crisis even though the mort- tions of the mortgage agreement, and although it is a serious subject, it is gage is not their responsibility. difficult to take the legislation seri- this extra 60 days that the existing bill As of February 2009, at least 20 per- provides is not a major detriment to ously. cent of the properties in foreclosure How can you have mortgage reform the lender. were rental properties, and roughly 40 when you leave out the single biggest Let me just also say, the fact is this percent of the families facing eviction root cause of the economic debacle we is not just an individual problem. To due to foreclosure are tenants. Only find ourselves in, and that is reform of take a very legalistic view of this prob- seven States and the District of Colum- Fannie and Freddie? How can you seri- lem and say they are not in the chain bia provide clear protection for ten- of title, therefore, they are out, ignores ants. ously deal with mortgage reform and the fact that this problem of fore- The fact is that, if this amendment is be absolutely silent to at least half of closures has spread across the Nation, adopted, it will add to the pain of some the fraud equation, and that is those is a community problem, is a problem tenants when we don’t have to do it. who lied about their income, lied about of everyone, not just a narrow, fixed The 90 days in the bill is more than their occupancy, lied about their net party-to-party agreement. Therefore, adequate, and 30 days is too short. We worth? there needs to be a solution that takes will put pressure on our homeless shel- The underlying legislation, Mr. into consideration the broader inter- ters if we adopt this amendment. We Chairman, unfortunately, is going to ests as well. will put pressure on families who really ensure that consumers lose their Again, I thank the gentleman from had no part in making this foreclosure choices. It will make interest more ex- Colorado for his diligent work on this crisis occur. pensive. It will protect—‘‘protect,’’ a issue. I thank my friend from Colorado. term we hear from our friends on the I reserve the balance of my time. I yield back the balance of my time. side of the aisle—protect people out of Mr. PERLMUTTER. I would ask my The CHAIR. The question is on the their homes and effectively take away friend from Minnesota whether he has amendment offered by the gentleman the American Dream from millions and any other speakers? If not, I have the from Colorado (Mr. PERLMUTTER). millions of Americans. right to close on my amendment. The amendment was agreed to. Now, we need effective disclosure. We Mr. ELLISON. Mr. Chair, I thought I AMENDMENT NO. 5 OFFERED BY MR. HENSARLING need effective policing of fraud and had the right to close. The CHAIR. It is now in order to con- misrepresentation. We also need some The CHAIR. The gentleman from sider amendment No. 5 printed in personal responsibility, and we need to Minnesota actually has the right to House Report 111–98. quit bailing out failed institutions, and

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5355 we shouldn’t force people who are I reserve the balance of my time. Well, that hurts people. It hurts the struggling to pay their own mortgages Mr. WATT. Mr. Chairman, I rise to Taylor family of Forney, Texas, that to pay their neighbors’ as well. claim time in opposition to the amend- wrote to me, ‘‘If it hadn’t been for Now, Mr. Chairman, one particularly ment. subprime lending, I wouldn’t have my bad and onerous aspect of this legisla- The CHAIR. The gentleman is recog- house now. My credit was destroyed be- tion is something called assignee li- nized for 5 minutes. cause of a divorce. I worked hard for 5 ability. What this means is that once Mr. WATT. Mr. Chairman, I keep years to clean up bad credit.’’ the mortgage is entered into, that waiting on the gentleman to address These people still ought to have an those who securitize the mortgage, his proposed amendment. I haven’t opportunity to realize their American those who may invest in the mortgage, heard anything about the proposed Dream, and we ought to quit pro- that all of a sudden new legal liability amendment, but I want to address the tecting them out of their homes. will attach to them as well. points that he addressed since he wants I urge adoption of the amendment. The bill introduces legal liability for to have a general debate. Mr. WATT. Would the Chair advise the originator. It doesn’t introduce any First of all, he says he can’t support me how much time remains. new legal liability on behalf of the bor- this bill because we didn’t deal with The CHAIR. The gentleman from rower, but introduces new legal liabil- Fannie and Freddie. That is kind of North Carolina has 21⁄2 minutes remain- ity saying that, with respect to refi- like me saying I am not going to vote ing. nancing, that there must be a ‘‘net tan- for the earned income tax credit be- Mr. WATT. I will yield 1 minute to gible benefit’’; and, if the lender fails cause it doesn’t deal with all of what the gentleman from North Carolina this standard, he has legal liability. On caused poverty in America. (Mr. MILLER). all financing, there must be a ‘‘reason- You can’t deal with every subject in Mr. MILLER of North Carolina. Mr. able ability to pay.’’ every bill. We passed a bill that has Chairman, on two successive days now, Well, what do these standards mean? dealt with Fannie and Freddie, and it Mr. HENSARLING has said in the course Net tangible benefit. So if somebody has been over there in the Senate for a of addressing the body, ‘‘Can anyone decides to refinance, take equity out of long time. And we are going to pass over there tell me what ‘net tangible their home and start a small business, some other legislation to deal with benefit’ is?’’ And then a second later is that a net tangible benefit? Or does Fannie and Freddie at some point, but saying, ‘‘Hearing nothing, they must it depend on how successful the small it is not addressed in this bill, just like not have an answer.’’ I don’t believe business is? the whole totality of poverty is not ad- anybody watching on C–SPAN is under How about if an individual refinances the impression that we are all paying their home, they take out equity, and dressed when we passed an earned income tax credit or when we passed rapt attention to every word that they decide to put a swimming pool in comes out of Mr. HENSARLING’s mouth. the backyard? Well, maybe that is not health care. That is just a non sequi- tur, as far as I am concerned. And the reason we didn’t hop up isn’t a net tangible benefit. Maybe it is, because we didn’t know what the an- maybe it isn’t. I don’t know. b 1300 swer is. It is more the case that we Maybe they refinance, because in He talks about, we didn’t deal with kind of lean over to each other and say, their particular situation they need a disclosure so I’m not going to vote for What did he just say? lower monthly payment but yet they the bill. ‘‘Net tangible benefit’’ is based very are willing to pay a larger sum. Is that Everybody in America that got a closely on a rule of law in securities a net tangible benefit? loan that is in foreclosure now, every- law called, that gets at churning or I would be happy to yield to anybody body who is in default now got full dis- making transactions in a stock market on the other side of the aisle who could account just to generate fees for the tell me if those examples constitute closures of what the terms of their broker. The problem this gets at is flip- net tangible benefits. Hearing nobody loans were. And they were ineffective on the other side of the aisle take me to prevent the kind of predatory lend- ping of loans, of coming back to a up on it, it kind of proves my point: We ing and policies that this bill address- homeowner and persuading them to re- don’t know what these terms mean, nor es. So I don’t know what the gen- finance just to create more fees for ev- do we know about reasonable ability to tleman is talking about when he says eryone involved in the mortgage sys- pay. ‘‘we didn’t deal with disclosure.’’ tem, to refinance so they can get the So all of a sudden, if a lender figures We intentionally didn’t deal with dis- home owner deeper and deeper in debt. out that there is a tragic divorce going closure because we acknowledge that Rather than trying to delineate every on in a family, does he have a legal ob- disclosure and telling people that we possible net tangible benefit, the bill ligation now to deny homeownership are giving you a bad loan is not enough gives the regulatory authorities, the opportunity because maybe there is no to protect them any more than disclo- banking agencies, the authority to say longer a reasonable ability to pay? sure that a doctor may not be the best exactly what a net tangible benefit is. How about if somebody has the tragic doctor in America is going to stop peo- ANNOUNCEMENT BY THE CHAIR discovery that they have breast can- ple from going to the doctor. The CHAIR. Members are reminded cer? All of a sudden, is there a legal ob- So now that I have dealt with those, to direct their remarks to the Chair. ligation that maybe this person can no maybe he will want to address the Mr. WATT. Mr. Chairman, I yield longer have a reasonable ability to amendment itself. myself such time as I may consume. pay? And I will reserve the balance of my I would now like to address the gen- We don’t know what these legal time to address the amendment. tleman’s amendment which he still standards are, Mr. Chairman. And so Mr. HENSARLING. I yield myself never has addressed. I acknowledged now they are getting passed on to the such time as I may consume. from the very beginning that we assignees, these fuzzy, muddy, cloudy, To my friend from North Carolina, walked a delicate balance between pro- amorphous terms. It is a plaintiff’s there are many reasons not to support tecting consumers and protecting the lawyer’s dream, and so we will have an the bill. I didn’t say I wasn’t sup- availability of funds. But the balance explosion of liability exposure. Why porting it for these reasons. I said it that the gentleman would have us ad- would people want to invest? Why was hard to take a mortgage reform dress says this, ‘‘no assignee or would people want to securitize? bill seriously that didn’t treat this. securitizer of a residential mortgage You know, when people invested in At the end of the day, Mr. Chairman, loan shall be liable under this sub- the stock of Enron, they were the vic- again, what is going to happen is that section.’’ tims. They weren’t the victimizers. we are functionally outlawing certain Let me tell you what that would lead And now, all of a sudden, we are turn- types of loans here, and we know par- to. I will close a loan one day, I will as- ing this on their head, and at the end ticularly subprime, with these amor- sign it to somebody the next day, and of the day there is going to be less phous legal standards, applying them we will be right back where we are mortgage money available to anybody to securitizers, applying them to inves- right now because nobody in the chain who wants to have their American tors, functionally, you are outlawing of custody of that loan, other than the Dream realized. this. original lender, will have any liability.

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5356 CONGRESSIONAL RECORD — HOUSE May 7, 2009 That would be as irresponsible as not have misrepresented their incomes, ei- The Moore-Kratovil-Kilroy amend- passing any bill or not doing anything, ther on their own or at the urging of ment to H.R. 1728 would help stabilize which is exactly what a number of my their mortgage brokers, lenders had the mortgage markets and help protect colleagues would like to have us do, the tools to identify these fibs before against fraud by requiring mortgage but which is not an option in this pos- making the loans. All they had to do lenders to verify the income history of ture at this moment. was ask the IRS.’’ each home loan applicant by obtaining So I want my colleagues to be clear. Our amendment would require lend- a IRS tax return transcript from a This is a destructive amendment and ers to do this by simply verifying the third-party provider prior to closing a should be opposed. borrower’s income documentation with loan. IRS tax transcripts can be used With that, Mr. Chairman, I yield the IRS. They already have a program to verify income and avoid possible back the balance of my time. to do this, the Income Verification Ex- fraud or eventual foreclosure. Verifica- The CHAIR. The question is on the press Service. This program utilizes tion of stated income through IRS tax amendment offered by the gentleman IRS tax transcripts to verify a bor- transcripts will protect the taxpayers, from Texas (Mr. HENSARLING). rower’s income within 2 business days, investors, and mortgage market by dis- The question was taken; and the often the same day, for less than $5. couraging fraud, reducing foreclosures Chair announced that the noes ap- This simple step will help catch fraud- and strengthening the market. peared to have it. ulent behavior before a lender closes on This past April, as was mentioned, Mr. HENSARLING. Mr. Chairman, I a loan that a borrower may not be able the TARP special inspector—— demand a recorded vote. The CHAIR. The time of the gen- The CHAIR. Pursuant to clause 6 of to afford. In his recent report to Congress, the tleman has expired. rule XVIII, further proceedings on the Mr. MOORE of Kansas. I yield the amendment offered by the gentleman special investigator inspector general for TARP recommended third-party gentleman 30 additional seconds. from Texas will be postponed. Mr. KRATOVIL. This past April, the verification of income like this IRS tax AMENDMENT NO. 6 OFFERED BY MR. MOORE OF TARP Special Inspector General rec- transcript program to prevent fraud. KANSAS ommended the Treasury use third- Income verification will strengthen the The CHAIR. It is now in order to con- party income verification to prevent integrity of our mortgage system by sider amendment No. 6 printed in fraud in the newly announced mort- ensuring borrowers receive a loan they House Report 111–98. gage modification system. As a former can repay, lenders underwrite loans Mr. MOORE of Kansas. I have an prosecutor, I certainly had experience that are less likely to default, inves- amendment at the desk. prosecuting fraud in the courtroom. The CHAIR. The Clerk will designate tors regain their confidence in the What this amendment does is stop the amendment. securitization process, and in the case fraud before it even gets there by The text of the amendment is as fol- of government-supported loans, tax- eliminating the ability to misrepresent lows: payers are protected. or encourage a misrepresentation of in- Amendment No. 6 offered by Mr. MOORE of I urge my colleagues to support our come. Kansas: income verification amendment. I urge my colleagues to support it. In section 129C(a) of the Truth in Lending I reserve the balance of my time. Mr. MOORE of Kansas. Mr. Chair- Act (as added by section 201(a) of the bill), Mr. NEUGEBAUER. Mr. Chairman, I man, I yield 2 minutes to Congress- insert after paragraph (3) the following (and claim time in opposition, although I redesignate succeeding paragraphs accord- woman MARY JO KILROY from Ohio. am not opposed to the amendment. Ms. KILROY. Thank you, Chairman ingly): The CHAIR. Without objection, the ‘‘(4) INCOME VERIFICATION.—In order to safe- MOORE and Chairman FRANK, for your guard against fraudulent reporting, any con- gentleman from Texas is recognized for leadership on these issues. sideration of a consumer’s income history in 5 minutes. I’m glad to join with my colleague, making a determination under this sub- There was no objection. Mr. KRATOVIL, on this commonsense section shall include the verification of such Mr. NEUGEBAUER. I appreciate the amendment that provides a cost-effec- income by the use of— gentleman offering this amendment. I tive and simple way to verify income ‘‘(A) Internal Revenue Service transcripts think it does make the underlying bill to address the issue of mortgage fraud. of tax returns provided by a third party; or better. Income verification is an im- It is well known that misrepresenta- ‘‘(B) such other similar method that quick- portant criteria in determining wheth- tion and the unverified nature of a bor- ly and effectively verifies income documentation by a third party as the Federal er somebody qualifies for a mortgage rower’s income was a contributing fac- banking agencies may jointly prescribe.’’. or not and has the ability to repay. tor to the mortgage crisis and the fore- The CHAIR. Pursuant to House Reso- Providing a low-cost way to be able to closure crisis that we find ourselves in. lution 406, the gentleman from Kansas do that, I think, is an important step Lenders either routinely ignored or en- in this process. And I commend the (Mr. MOORE) and a Member opposed couraged this practice, leading to a each will control 5 minutes. gentleman. higher risk of default, delinquency and The Chair recognizes the gentleman With that, I yield back my time. foreclosure for borrowers and for Amer- from Kansas. Mr. MOORE of Kansas. Mr. Chair- ica’s families. In fact, according to the Mr. MOORE of Kansas. Mr. Chair- man, I yield 1 minute to Congressman Comptroller of the Currency, nearly 50 man, I yield myself as much time as I FRANK KRATOVIL of Maryland. percent of all subprime mortgages re- may consume. Mr. KRATOVIL. Mr. Chairman, stud- lied on stated income, no verification. The CHAIR. The gentleman from ies suggest that almost 50 percent of And the Mortgage Asset Research In- Kansas is recognized for 5 minutes. all subprime loans were accepted by stitute found that 90 percent of the Mr. MOORE of Kansas. I rise today lenders without verification of stated borrowers reported incomes higher with my colleagues from Maryland and income. In some cases, borrowers pro- than those found in the IRS files. And Ohio, Congressman FRANK KRATOVIL vided their lenders with fraudulent in- even more disturbing, almost 60 per- and Congresswoman MARY JO KILROY, formation in order to qualify for a cent of the income amounts were exag- in offering this income verification mortgage and deceive the lenders. In gerated by more than 50 percent. amendment to H.R. 1728. other cases, the lenders actually en- In my district, foreclosure is a very It is well known that the misrepre- couraged the borrowers to do so, or serious issue. There were over 79,000 sentation and the unverified nature of simply looked the other way despite foreclosure filings in 2006, compared to a borrower’s income was a contributing obvious questions of credibility. How 15,000 in 1995. One in seven of these factor to the mortgage crisis. Some can we avoid this from happening homes was subprime lending. borrowers purposely misstated or al- again? A quick, reliable and confidential in- tered their incomes on documents in Mr. Chairman, we can do this by come verification process will improve order to qualify for loans they couldn’t passing the Moore-Kratovil-Kilroy things so much. It will catch fraudu- afford, and some lenders either ignored amendment to H.R. 1728, which can ap- lent behavior before the lender closes or encouraged that practice. propriately be referred to, as a pros- on a loan or before a borrower gets in- Columnist Gretchen Morgenson ecutor might say, a ‘‘trust but verify’’ volved in a loan that he or she can’t af- wrote last year: ‘‘While borrowers may amendment. ford, strengthening the integrity of the

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5357 mortgage market. And one of the that the Federal Reserve certify that sion. Now I have a good deal of con- things that this amendment will ac- the provisions of this bill will not re- fidence in Mr. Bernanke, but the no- complish will help to restore integrity duce the availability or increase the tion that we would cede to the Federal and confidence to the mortgage lending price of credit for qualified mortgages. Reserve the power to enact legislation, process, and in the case of the govern- This certification will protect respon- where is Ron Paul when we need him? ment-supported loans, give more sup- sible borrowers that played no role When did the Federal Reserve become port and confidence to the American whatsoever in the meltdown of the the constitutional equal of the Con- taxpayer as well. mortgage market. gress of the United States? This third-party income verification It is clear to me and others from the So on that ground alone, I would op- can be obtained simply and quickly. language in this bill that a routine, va- pose this amendment. And it is affordable and confidential. nilla, 30-year fixed-rate mortgage is I reserve the balance of my time. The CHAIR. All time has expired. being put forward as the mortgage of Mr. PRICE of Georgia. Mr. Chairman, The question is on the amendment choice. If that is going to be the case I want to thank the chairman of the offered by the gentleman from Kansas moving forward, and originators are committee for requesting from the (Mr. MOORE). not going to be comfortable offering Rules Committee that amendments be The amendment was agreed to. other types of mortgage products be- made in order. I appreciate that be- AMENDMENT NO. 7 OFFERED BY MR. PRICE OF cause of the narrowness of the safe har- cause I think these are getting to im- GEORGIA bor provisions and the risk-retention portant issues. The CHAIR. It is now in order to con- provisions, then we need to ensure that The gentleman talks about the ex- sider amendment No. 7 printed in qualified borrowers will have access to pansion of the safe harbor provisions, House Report 111–98. those types of mortgages. and they are. But that doesn’t have Mr. PRICE of Georgia. I have an Many of us are concerned because of anything to do with whether or not the amendment made in order by the rule. the other provisions in this bill that it Federal Reserve, or some entity, ought The CHAIR. The Clerk will designate is going to become more difficult for to stipulate that the cost of credit the amendment. qualified borrowers to have access to won’t be greater, or the availability of The text of the amendment is as fol- affordable credit. So if the proponents credit won’t be less, if this bill is lows: of this bill don’t believe it will restrict adopted. That is the heart of the Amendment No. 7 offered by Mr. PRICE of credit or raise the cost on borrowers, amendment. Georgia: then they shouldn’t have any trouble My friend from Massachusetts talks Add at the end the following: voting for this amendment. The about being surprised by various prot- TITLE VIII—EFFECTIVE DATE amendment simply stipulates that the estations about the role of the Federal SEC. 801. EFFECTIVE DATE. Federal Reserve will certify that that Reserve. Well, I would be the first to Notwithstanding any other provision of would be the case. stand with him if in fact he wants to this Act, titles I, II, and III of this Act shall But if they don’t think that the bill support maintaining, or returning the not take effect until 90 days after the Board will pass this review from the Federal Federal Reserve to stipulating only of Governors of the Federal Reserve System Reserve with flying colors, then I think about monetary policy. But the fact of provides written certification to the Com- it would be time for them to reconsider the matter is that the Federal Reserve mittee on Financial Services of the House of has jurisdiction over this area. In fact, Representatives and the Committee on whether or not this legislation is what Banking, Housing, and Urban Affairs of the we need at this time. the Federal Reserve has put forward Senate that such titles will not reduce the I urge my colleagues to support this particular rules regarding mortgages. availability or increase the price of credit commonsense amendment. And, in fact, many of them address the for qualified mortgages (as defined in section I reserve the balance of my time. very issues that are being addressed in 129C(c)(2) of the Truth in Lending Act). Mr. FRANK of Massachusetts. Mr. this bill today. The CHAIR. Pursuant to House Reso- Chairman, I rise to claim the time in So again, the heart of my amend- lution 406, the gentleman from Georgia opposition. ment says if in fact this bill will not (Mr. PRICE) and a Member opposed each The CHAIR. The gentleman is recog- decrease the availability of credit or will control 5 minutes. nized for 5 minutes. will not increase the cost of credit, The Chair recognizes the gentleman Mr. FRANK of Massachusetts. First, then it’s fine. Just move it on forward. from Georgia. Mr. Chairman, the gentleman’s descrip- But if it will decrease the availability Mr. PRICE of Georgia. Mr. Chairman, tion of the safe harbor refers to an ear- of credit, or increase the cost of credit we all agree that we want to increase lier version of the bill. In the com- to folks out there across this land, credit and get the housing market mittee, a bipartisan amendment of- then we ought not move forward with moving again. My amendment is a sim- fered by the gentleman from Delaware it. We ought not punish those individ- ple amendment and addresses that spe- (Mr. CASTLE) and the gentlewoman uals who, through no fault of their cific issue. It simply says that the Fed- from Illinois (Ms. BEAN) significantly own, find themselves in a challenging eral Reserve ought to be able to pro- increased the safe harbor so it is not a situation finding credit. I once again vide written certification to the appro- 30-year fixed mortgage only that is al- urge adoption of the amendment. priate committees in the House and the lowed. Variants of time, certain ARMs, I reserve the balance of my time. Senate that this bill will not reduce it is much more flexible. Mr. FRANK of Massachusetts. Mr. the availability or increase the price of The gentleman’s comments apply ac- Chairman, first I guess I have to apolo- credit for qualified mortgages. curately to a provision that is no gize to the gentleman from Georgia As we are considering ways to free up longer in the bill; but it does not apply after listening to what he said. He credit in the market, this legislation to what is in the bill. chided me, mildly, in a friendly man- may just be the wrong thing at the My second point is that I am sur- ner, for mentioning the dimensions of wrong time. When the Federal Reserve prised at the back-and-forth attitude the safe harbor, he said it wasn’t part testified before our committee on the some of my most conservative col- of the bill, but I was only responding to impact of this legislation, the wit- leagues have toward the Federal Re- his description of it. So I listened to nesses had reservations regarding the serve system. On the one hand, there him; he said the safe harbor was too impact of this bill on access to credit. has been a great deal of concern, which narrow, it would push people into a 30- In fact, they felt that there was a sig- I share, about the unlimited power of year. I responded. I thought when he nificant possibility that the adoption the Federal Reserve in some areas. But raised it that it was relevant. of this bill would actually decrease the time and again we are being told, as in Beyond that, though, we do have this availability of credit. this amendment, we should yield to the issue: do you tell the Federal Reserve Federal Reserve our constitutional that it will decide whether or not this b 1315 power to legislate. goes forward? It also says, and there is My amendment would ensure that This amendment says we will vote, a lack of balance here. If it says it will prime borrowers will not be punished but the bill will not go into effect until reduce the availability by any amount. with increased rates. It simply requires the Federal Reserve gives us permis- Well, to some extent the purpose of

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5358 CONGRESSIONAL RECORD — HOUSE May 7, 2009 this bill is to reduce the availability of Let’s understand the problem. Too The CHAIR. Pursuant to House Reso- credit. many loans were made to people who lution 406, the gentleman from Cali- If Members believe that people got shouldn’t have gotten them. In some fornia (Mr. MCNERNEY) and a Member mortgages who shouldn’t have been cases it was the fault of the borrower; opposed each will control 5 minutes. able to get them, then they ought to in some cases it was the fault of the The Chair recognizes the gentleman support a bill that will reduce the lender; and in some cases the fault lies from California. availability of credit. Frankly, the elsewhere. Yes, one of the important Mr. MCNERNEY. Mr. Chairman, I profligate availability of credit is a purposes of this bill is to reduce the yield myself such time as I may con- major reason for the current problem. pattern of people getting loans who sume. So, yes, there are people who used to shouldn’t have gotten them because Mr. Chairman, I am proud to offer get mortgages who won’t get them they couldn’t repay them. this amendment to the Mortgage Re- under this bill. Some lenders don’t like So to say that the purpose of this bill form and Anti-Predatory Lending Act. that. There are lenders who made loans is to increase the availability of credit, This important bill will crack down on and they won’t be able to make the is it to have more subprime loans, many of the most common predatory loans under this bill, but that is pre- more borrowers who can’t pay back? lending practices that have contributed cisely the point. The point is not to Now you want to do it with balance to the housing crisis. H.R. 1728 also in- allow credit to be as loosely granted as and you want to do it in a reasonable cludes essential provisions to establish it was even for qualified mortgages. way. I believe we deal with that. If an office of housing counseling to pro- People got mortgages who shouldn’t there are questions do we go too far vide consumers with the information have gotten them. one way or the other, those are legiti- they need to make informed mortgage Now if you believe that not everyone mate. We discussed a lot of those in decisions. who got a mortgage in the past should committee. There were a lot of amend- I am proud to represent the city of get a mortgage now, then it would ments that were adopted. Stockton, California, a city that unfor- seem to me you want to reduce the But I accept my colleague from Geor- tunately suffers from one of the Na- availability of credit. The question is: gia’s definition as the heart of the mat- tion’s highest foreclosure rates. Back how do you do it? Do you do it in a sen- ter: Does this bill, if it is enacted, home, I have hosted several foreclosure sible way? What is the balance? That is mean that fewer mortgage loans will be assistance workshops where mortgage what we think is achieved in this bill. granted going forward than were grant- counselors approved by the Depart- I reserve the balance of my time. ed in that period from 2002 to 2006, as ment of Housing and Urban Develop- Mr. PRICE of Georgia. May I inquire the gentleman from Texas’ amendment ment provided unbiased advice to as to the time available on each side? shows, when subprime mortgages shot The CHAIR. The gentleman from struggling homeowners. I have seen up? I hope so. I hope that we will have Georgia has 1 minute remaining. The firsthand how effective these coun- fewer mortgages granted to people who gentleman from Massachusetts has 90 selors are. But counseling resources re- seconds. couldn’t have paid them. main very stretched. Mr. PRICE of Georgia. Thank you, Now other people, we hope things The amendment I offer today simply Mr. Chairman. will go better. With the FHA piece, we helps counseling agencies serving areas I appreciate the comments of my hope to do even more in making credit with high rates of foreclosures to get friend, the chairman of the committee. available. their fair share of grant funding. I am But I would point out that the heart of Mr. PRICE of Georgia. Will the gen- proud to support the bill we are consid- this amendment gets to whether or not tleman yield? ering today, and I would ask all of my through this bill we are going to in- Mr. FRANK of Massachusetts. Yes. colleagues to join me in making sure Mr. PRICE of Georgia. My amend- crease the availability of credit and de- that the areas most hard hit by the ment addresses qualified borrowers. crease the cost of credit. If we are not housing crisis receive the counseling Mr. FRANK of Massachusetts. No, it going to do those things, then it seems resources they need. says ‘‘qualified mortgages.’’ But part of to me that the American people ought Mr. Chairman, I reserve the balance the problem has been that people got to be very suspect about the nature of of my time. mortgages with bad judgments by the the bill. Mrs. BIGGERT. Mr. Chairman, I rise The amendment simply says that the people who made them. to claim the time in opposition, though The CHAIR. The question is on the Federal Reserve, the entity in the Fed- I am not opposed to the amendment. amendment offered by the gentleman eral Government that has jurisdiction The CHAIR. Without objection, the from Georgia (Mr. PRICE). over this area, would simply have to gentlewoman from Illinois is recog- The question was taken; and the say that we will not decrease the avail- nized for 5 minutes. Chair announced that the noes ap- ability of credit and we will not in- There was no objection. peared to have it. crease the cost of credit, especially at Mrs. BIGGERT. I rise in support of Mr. PRICE of Georgia. Mr. Chairman, the gentleman from California’s this time, at this time when so many of I demand a recorded vote. our fellow citizens across this land are amendment, which gives the HUD Sec- The CHAIR. Pursuant to clause 6 of retary the option of prioritizing fund- having extreme difficulty finding cred- rule XVIII, further proceedings on the it, realizing their dream and being able ing for HUD-certified housing coun- amendment offered by the gentleman seling entities located in areas experi- to either stay in their home or find a from Georgia will be postponed. home in which they will be able to gain encing high foreclosure rates. AMENDMENT NO. 8 OFFERED BY MR. MCNERNEY credit to purchase. As was said, we really have to look at It is a simple amendment, Mr. Chair- The CHAIR. It is now in order to con- the resources that we have and make man. It gets to the heart of the matter. sider amendment No. 8 printed in sure that they are going to be used in Are we as a Congress going to increase House Report 111–98. a very well-thought-out way. I support Mr. MCNERNEY. I have an amend- the availability of credit and decrease the amendment. ment at the desk. the cost? Or are we going to simply de- I would also like to thank Ranking The CHAIR. The Clerk will designate crease the availability of credit and, Member BACHUS for his earlier amend- the amendment. therefore, decrease the ability of the ment to title IV, to dedicate housing The text of the amendment is as fol- counseling funds to help homeowners American people to realize their lows: dream? I urge adoption of the amend- avoid fraudulent foreclosure rescue Amendment No. 8 offered by Mr. scams. ment. MCNERNEY: I yield back the balance of my time. Both amendments strengthen title Mr. FRANK of Massachusetts. I yield In the matter proposed to be inserted by IV. As the author of title IV of the bill, the amendment made by section 404 of the which is the same as my bill, H.R. 47, I myself the balance of my time. bill, after the period at the end of paragraph Yes, that is exactly the issue. The (4)(C) insert the following: ‘‘In distributing cannot emphasize enough the impor- gentleman says, surprisingly to me, we such assistance, the Secretary may give pri- tance of housing counseling, especially want to increase the availability of ority consideration to entities serving areas when it comes to helping homeowners credit. with the highest home foreclosure rates.’’. in trouble.

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5359 In my congressional district, HUD- ‘‘prohibited’’ because by defining a highly regulated, they are fairly rarely certified housing counselors have the class of loans under HOEPA, you are made. But it allows loans up to 6.5 per- patience, expertise, and experience to essentially killing that class of loans, cent higher interest rate than prime— help homeowners who are at the end of never mind the fact that they may be that is well more than twice prime—on their rope. These counselors have been a reasonable option for a number of subordinate loans, 8.5 percent above a lifeline to struggling families, often consumers. prime. And it raises the up-front cost helping families get their budget in Now, I say ‘‘eliminate’’ because these that triggers a HOEPA loan, a high- order, improve communications with loans under HOEPA are simply not cost loan, from 8 percent to 5 percent the lender or servicer, and most impor- originated, financed, or securitized in a and closes some of the triggers. Do we tantly, help save their homes. normal marketplace, much less the se- want fewer loans like that made? Yes, So many of the problems out there verely restricted marketplace we cur- Mr. Chairman, we do. That is exactly could have been avoided if consumers rently have in lending that is very what we intend. secured this kind of financial literacy clear to the American people. The rea- North Carolina did something very before signing on the dotted line for a son why there is not lending under much like this in 1999. The Commis- mortgage. They would be armed with HOEPA is due to the significant risk of sioner of Banks of North Carolina has the ability to make better decisions loss on the holder of these loans. testified repeatedly before Congress. about a mortgage. However, many In 2006, when we had a normal func- There was a study at the University of homeowners did not secure this advice tioning mortgage marketplace, of the North Carolina at Chapel Hill Business and are in dire straits today. 10 million loans made, less than 1 per- School. At least one business publica- Therefore, I ask my colleagues to cent were HOEPA loans. By expanding tion, industry publication, looked into support this amendment. the loans that would fall under HOEPA it and found there was no change, there I yield back the balance of my time. even further than the Fed has already was no diminution in the availability b 1330 done, we would be killing options for or terms of mortgage credit in North millions of people to get future lending Carolina. Did people make fewer loans Mr. MCNERNEY. Mr. Chairman, I and ensuring that in an already re- like this? Yes. That was the whole just want to say I thank the gentle- stricted marketplace, things will be- point; they got better loans. That is woman from Illinois for her leadership come even more restricted. the point, making sure that people get on this issue for housing counseling. Mr. Chairman, Members need to ask better loans. Again, I have seen too many families themselves, if the marketplace for Mr. Chairman, I reserve the balance that are in trouble and could have used mortgages is going to become so heav- of my time. help early on in the process or that are ily regulated, further regulated with so Mr. MCHENRY. As a proponent of the in trouble and could use help now to many new protections included in the legislation, do I have the right to salvage the best of a bad situation. rest of this bill, then why in the world close? With that, I yield back the balance of do we need title III of this bill? My The CHAIR. The gentleman from my time. amendment strikes title III. North Carolina (Mr. MILLER) has the The CHAIR. The question is on the During the committee hearing ear- right to close because he is the man- amendment offered by the gentleman lier this month, Massachusetts Bank ager in opposition to the amendment from California (Mr. MCNERNEY). Supervisor Steven Antonakes ex- and a member of the committee. The amendment was agreed to. pressed his concern that the dramatic Mr. MCHENRY. Mr. Chairman, in AMENDMENT NO. 9 OFFERED BY MR. MCHENRY expansion of HOEPA will result in summation, my colleague from North The CHAIR. It is now in order to con- much fewer loans being made. Is this Carolina has made the argument why sider amendment No. 9 printed in really the direction the Congress wants you should strike section III. His quote House Report 111–98. to take right now, further restricting is, ‘‘Yes, we intend to limit choices, Mr. MCHENRY. Mr. Chairman, I have the mortgage marketplace? Mr. Chairman.’’ I think that is the an amendment at the desk. Mr. Chairman, I ask support of my wrong attitude this Congress should The CHAIR. The Clerk will designate colleagues for striking title III of this take. the amendment. bill. The fact is, for those that have less The text of the amendment is as fol- I reserve the balance of my time. than perfect credit, this section of the lows: Mr. MILLER of North Carolina. Mr. legislation will hamper their ability to Amendment No. 9 Offered by Mr. MCHENRY: Chairman, I rise to claim time in oppo- get mortgages and purchase homes. Strike title III (relating to high-cost mort- sition. That is the simple fact. In fact, my col- gages). The CHAIR. The gentleman is recog- league from North Carolina says that, The CHAIR. Pursuant to House Reso- nized for 5 minutes. yes, they intend to limit choices, they lution 406, the gentleman from North Mr. MILLER of North Carolina. Mr. want to eliminate choices in the mar- Carolina (Mr. MCHENRY) and a Member Chairman, Mr. MCHENRY and other op- ketplace for lending and for further re- opposed each will control 5 minutes. ponents of this bill have said that the stricting lending. I think that is the The Chair recognizes the gentleman bill will have the effect of outlawing wrong path, Mr. Chairman. I think that from North Carolina. certain kinds of loans and limiting is the wrong attitude this Congress Mr. MCHENRY. Mr. Chairman, in 2007 choices. Yes, Mr. Chairman, we do in- should take. I think it limits choices this bill passed the House with no sub- tend to limit choices. They say they for our consumers. sequent action in the Senate. Since would defend to the death the right of Mr. Chairman, when this becomes then, the Federal Reserve has finalized consumers to choose to get cheated law, if we do not strike this section, rules establishing a new category of blind, to get cheated out of their in- Members will have to go home and an- ‘‘high-priced mortgages’’ under HOEPA come, to get cheated out of their life swer to their constituents, Why can’t I that will virtually eliminate all savings. And we want to limit that get the lending I need to purchase a subprime lending. choice because we don’t think that home? And we can point to this very When the Fed released these new reg- consumers really choose that. When vote on whether or not they are in ulations, Chairman FRANK described someone needs to borrow money to buy favor of more options in the market- the Fed’s response to tighten the a house or borrow money against their place or fewer, restricting choices, re- HOEPA restrictions as a ‘‘very strong house or get a credit card or on over- stricting opportunities, eliminating consumer protection position.’’ I have draft fees, or whatever else, they certain types of mortgages in the mar- heard the arguments made by my col- shouldn’t have to swim in waters filled ketplace. I think we should eliminate leagues on the other side of the aisle with fins. There should be some protec- section III. that the Fed’s regulations eliminating tions. Mr. Chairman, I yield back the bal- all subprime lending don’t go far This amendment changes, in a fairly ance of my time. enough, that even more lending in the modest way, the protections of HOEPA Mr. MILLER of North Carolina. Mr. marketplace needs to be eliminated. for high-cost loans, which are highly Chairman, I am happy to go home to Now, I say ‘‘eliminated’’ instead of regulated loans. And because they are North Carolina and explain to voters

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5360 CONGRESSIONAL RECORD — HOUSE May 7, 2009 that I did vote against allowing loans H.R. 1728 requires that the Depart- In section 218(a), strike ‘‘homebuyers and that would be more than 6.5 percent ment of Housing and Urban Develop- mortgage lending’’ and insert ‘‘consumers, higher than prime, except very highly ment publish a guide for prospective small businesses, homebuyers, and mortgage regulated loans in very unusual cir- borrowers at least every 5 years. This lending’’. cumstances. These loans are made, guide explains the concepts of balloon The CHAIR. Pursuant to House Reso- they are rare, they should be rare. We payments, prepayment penalties, and lution 406, the gentlewoman from Flor- need better loans. the tradeoff between paying up-front ida (Ms. GINNY BROWN-WAITE) and a Does anyone really think there were closing costs and the resulting interest Member opposed each will control 5 not enough bad loans made in the last rate over the life of the loan. minutes. few years? It has been in the papers. Prepayment penalties are limited in The Chair recognizes the gentle- We have had a foreclosure crisis. We many circumstances under the base woman from Florida. now have a financial crisis. We need bill and even prohibited in others. Pre- Ms. GINNY BROWN-WAITE of Flor- better loans. Those loans were not payment penalties often limit a con- ida. Mr. Chairman, in the face of con- about making credit available to peo- sumer’s choice to refinance when inter- tinuing economic uncertainty, I rise ple who couldn’t get it otherwise; it est rates become more favorable or today in support of careful consider- was people being taken advantage of make partial payments when the con- ation, reasoned reluctance, and above and cheated, and we need to do better sumer has the means and the desire to all, the need for due diligence. by the American people. do so. As we have seen over the last 18 Mr. Chairman, I yield back the bal- My amendment adds a requirement months, rapid changes in the structure ance of my time. that the advantages of loan prepay- of mortgage lending can have a pro- The CHAIR. The question is on the ment also be included in the HUD con- found consequence for the broader amendment offered by the gentleman sumer education guide. I believe it is economy. No matter how one feels from North Carolina (Mr. MCHENRY). important to provide prospective bor- about the underlying legislation or its The question was taken; and the rowers with an advance explanation of implications, we can all agree that this Chair announced that the noes ap- the substantial and positive economic bill is designed to change the structure peared to have it. impact that even modest prepayments of lending. Mr. MCHENRY. Mr. Chairman, I de- during the early years of a loan term Among other things, H.R. 1728 will mand a recorded vote. may have. Having this knowledge prior require lenders who make and sell non- The CHAIR. Pursuant to clause 6 of to committing to a mortgage will qualified mortgages to retain a 5-per- rule XVIII, further proceedings on the allow borrowers to weigh the pros and cent stake in those mortgages if they amendment offered by the gentleman cons of the prepayment penalty clause choose to securitize or sell them. All from North Carolina will be postponed. that are often found in mortgage docu- other things being equal, that policy AMENDMENT NO. 10 OFFERED BY MRS. ments before they lose the opportunity will increase banks’ risk exposure. And DAHLKEMPER to either bargain them out of their given the close proximity between The CHAIR. It is now in order to con- loan document or seek out other op- banks’ risk exposure and the capital sider amendment No. 10 printed in tions. that they are required to hold in re- House Report 111–98. I urge my colleagues to join me in serve, any significant change in one Mrs. DAHLKEMPER. Mr. Chairman, supporting my amendment to promote piece will clearly have an effect on the I have an amendment at the desk. greater financial literacy as well as the other. In other words, if mortgage risk The CHAIR. The Clerk will designate underlying legislation. increases, financial institutions will ei- the amendment. Mr. Chairman, I reserve the balance ther have to hold more capital in re- The text of the amendment is as fol- of my time. serve, or they will have to reduce their lows: Mr. NEUGEBAUER. Mr. Chairman, I risk exposure elsewhere. That includes Amendment No. 10 Offered by Mrs. rise to claim the time in opposition, al- consumer loans and small business DAHLKEMPER: though I am not opposed to the amend- lending. In section 5(b)(1) of the Real Estate Settle- ment. While the underlying bill addresses ment Procedures Act of 1974 (as amended by The CHAIR. Without objection, the the impact on lenders’ capital reserves, section 408 of the bill)— gentleman from Texas is recognized for the study required under this bill stops (1) in subparagraph (B), strike ‘‘and’’; and 5 minutes. (2) insert after subparagraph (B) the fol- a little bit short of directing GAO to lowing (and redesignate succeeding subpara- There was no objection. monitor and report on any changes in graphs accordingly): Mr. NEUGEBAUER. The gentle- other types of lending, such as con- ‘‘(C) the advantages of prepayment; and’’. woman offers a thoughtful amendment. sumer or small business loans. Prepayment is an important option for The CHAIR. Pursuant to House Reso- Mr. Chairman, while it is not at all mortgage holders. I appreciate her lution 406, the gentlewoman from clear what the effects of this legisla- amendment, and we support that. Pennsylvania (Mrs. DAHLKEMPER) and a tion will be, it is certainly reasonable Mr. Chairman, I yield back the bal- Member opposed each will control 5 to expect that there will be con- ance of my time. sequences—hopefully some good, and minutes. Mrs. DAHLKEMPER. I want to thank perhaps some not so good. The avail- The Chair recognizes the gentle- my colleague from Texas, and I yield ability of small business loans may woman from Pennsylvania. back the balance of my time. Mrs. DAHLKEMPER. Mr. Chairman, The CHAIR. The question is on the well increase as creditors shift away I yield myself such time as I may con- amendment offered by the gentle- from nonqualified mortgage lending sume. woman from Pennsylvania (Mrs. and into other forms of lending. Then Mr. Chairman, I rise today to offer an again, it may not. The point is that we DAHLKEMPER). amendment to H.R. 1728, the Mortgage The amendment was agreed to. just don’t know. Reform and Anti-Predatory Lending This amendment acknowledges that AMENDMENT NO. 11 OFFERED BY MS. GINNY Act, legislation that will curb preda- BROWN-WAITE OF FLORIDA there are uncertainties inherent in any tory lending and other egregious indus- The CHAIR. It is now in order to con- major reform, and that affects people’s try practices that caused the subprime sider amendment No. 11 printed in lives and businesses. And it makes cer- lending boom and the Nation’s highest House Report 111–98. tain then that if there are any unan- home foreclosure rate in 25 years. Ms. GINNY BROWN-WAITE of Flor- ticipated consequences, those con- My amendment in this crucial legis- ida. Mr. Chairman, I have an amend- sequences will be quantified and relation adds a financial literacy compo- ment at the desk. ported so that Congress can make any nent to the underlying bill. Especially The CHAIR. The Clerk will designate adjustments, as necessary. during this period of economic reces- the amendment. In closing, I would like to ask my sion, it is critical that borrowers have The text of the amendment is as fol- colleagues to remember that hundreds all the necessary information to make lows: of billions of taxpayer dollars have ei- smart financial decisions when pur- Amendment No. 11 Offered by Ms. GINNY ther been loaned or invested in banks chasing a home. BROWN-WAITE of Florida: precisely to ensure that those financial

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5361 institutions remain sound, that they The text of the amendment is as fol- this chart, side by side, and that the meet their regulatory capital require- lows: disclosures for each product have equal ments, and that they regain their abil- Amendment No. 12 offered by Ms. TITUS: prominence. It would further require ity to loan to those who need it most. In that portion of subparagraph (C) of sec- that this disclosure be made in writing, I urge adoption of the amendment. tion 129B(b)(1) of the Truth in Lending Act the understanding of which will be ac- I reserve the balance of my time. (as added by section 102(a) of the bill) that knowledged by the signature of the appears before clause (i) of such subpara- mortgage originator and the consumer. b 1345 graph, insert ‘‘in writing, the receipt and un- Mr. WATT. Mr. Chairman, I rise to derstanding of which shall be acknowledged This amendment would add further claim the time in opposition, although by the signature of the mortgage originator transparency to the process of securing and the consumer,’’ after ‘‘timely disclosure I do not intend to oppose the amend- a residential mortgage loan and ensure to each such consumer’’. that information is presented to con- ment. In clause (i) of section 129B(b)(1)(C) of the The CHAIR. Without objection, the Truth in Lending Act (as added by section sumers in a way that will give them gentleman is recognized for 5 minutes. 102(a) of the bill) insert ‘‘(and such compara- the ability to easily and clearly com- There was no objection. tive costs and benefits for each such product pare all the options that are available Mr. WATT. I want to just thank the shall be presented side by side and the disclo- to them. By requiring the disclosure to gentlewoman for offering the amend- sures for each such product shall have equal be presented in writing and requiring prominence)’’ before the semicolon at the the signature of both the originator ment. We have been saying throughout end. this process that there are uncertain- and the consumer on the document, we The CHAIR. Pursuant to House Reso- ties and we need to know if we’ve made will ensure that the importance of this lution 406, the gentlewoman from Ne- the balance the wrong way, and this information is highlighted for the con- vada (Ms. TITUS) and a Member opposed study would help us determine that in sumer. each will control 5 minutes. The Las Vegas area is ground zero of a constructive way. The Chair recognizes the gentle- the home foreclosure crisis. It is pro- Mr. Chairman, I yield back the bal- woman from Nevada. jected that just this year there will be ance of my time. Ms. TITUS. Mr. Chairman, I yield nearly 75,000 homes lost to foreclosure Ms. GINNY BROWN-WAITE of Flor- myself such time as I may consume. ida. I thank the gentleman from North Mr. Chairman, I rise today with an in my State. The vast majority of Carolina. I enjoyed serving with him amendment that’s offered along with these are in southern Nevada and in while I was on the Financial Services my friend from California (Mr. my district. It is more than likely that many of these foreclosures could have Committee. CARDOZA) to H.R. 1728, the Mortgage At this point I would urge the adop- Reform and Anti-Predatory Lending been avoided from the start if impor- tion of the amendment. Act. tant rules such as those set forth in Mr. Chairman, I yield back the bal- As currently written, H.R. 1728 re- this bill had been implemented earlier. ance of my time. quires mortgage originators to dili- I believe that this amendment will help The CHAIR. The question is on the gently work to present the consumer facilitate discussions about what’s amendment offered by the gentle- with a range of mortgage products for good for a family and, together with woman from Florida (Ms. GINNY which the consumer likely qualifies. the underlying bill with its elimination BROWN-WAITE). These products must be appropriate to of incentive payments and antisteering The amendment was agreed to. the consumer’s existing circumstances. provisions, will help curb predatory AMENDMENT NO. 12 OFFERED BY MS. TITUS The originator must disclose the com- lending and prevent future foreclosures The CHAIR. It is now in order to con- parative costs and benefits of these opin Nevada and across the country. sider amendment No. 12 printed in tions. I would like to thank Chairman House Report 111–98. Our amendment simply specifies how FRANK, Mr. WATT, and Mr. MILLER for Ms. TITUS. Mr. Chairman, I have an this new disclosure must be made. The their dedication and persistence on this amendment at the desk. amendment requires that the costs and important piece of legislation and The CHAIR. The Clerk will designate benefits of each option are presented Chairwoman SLAUGHTER for accepting the amendment. side by side in a simple fashion like our amendment as part of the order. COMPARISON OF SAMPLE MORTGAGE FEATURES [For illustrative and educational purposes only—does not represent actual terms of loans available from any particular lender.]

A Typical Mortgage Transaction Loan Amount $180,000—30-Year Term Mortgage with a Fixed Interest Rate Mortgage with an Adjustable Interest Rate (ARM) Principal and Interest Interest Only 5/1 ARM Interest Only Option Payment

Fixed Rate (6.7%) Fixed Rate (6.7%) Inter- Fixed Rate for First 5 Interest Only and Fixed Adjustable Rate for En- est Only for First 5 Years; Adjustable Each Rate for First 5 Years; tire Term of the Mort- Years. Year After First 5 Years Adjustable Rate Each gage (Rate in month 1 (Initial rate for years 1 Year After First 5 Years is 1.25%; Rate in to 5 is 6.5%; Maximum (Initial rate for years 1 month 2 through year 5 Rate is 11.5%) to 5 is 6.6%; Maximum is 6.4%; Maximum Rate Rate is 11.6%) is 11.4%) Minimum Monthly Payment Years 1–5, except as noted ...... $1,162* $1,005 $1,138 $990 $600*** (1st year only) Monthly Payment Year 6—no change in rates ...... $1,162 $1,238** $1,138 $1,227 $1,324 Monthly Payment Year 6—2% rise in rates ...... $1,162 $1,238 $1,357 $1,462 $1,581 Maximum Monthly Payment Year 8—5% rise in rates ...... $1,162 $1,238 $1,702 $1,832 1,985 How Much Will You Owe after 5 Years? ...... $168,862 $180,000 $168,500 $180,000 $197,945 Have You Reduced Your Loan Balance after 5 Years of Payments? ...... Yes No Yes No No Your loan balance was You did not reduce your Your loan balance was You did not reduce your Your loan balance reduced by $11,118 loan balance reduced by $11,500 loan balance increased by $17,945 * This illustrates an interest rate and payments that are fixed for the life of the loan. ** This illustrates payments that are fixed after the first 5 years of the loan at a higher amount because they cover both principal and interest. *** This illustrates minimum monthly payments that are based on an interest rate that is in effect during the first month only. The payments required during the first year will not be sufficient to cover all of the interest that’s due when the rate increases in the second month of the loan. Any unpaid interest amount will be added to the loan balance. Minimum payments for years 2–5 are based on the higher interest rate in effect at the time, subject to any contract limits on payment increases. Minimum payments will be recast (recalculated) after 5 years, or when the loan balance reaches a certain limit, to cover both principal and interest at the applicable rate.

Mr. Chairman, I reserve the balance Mr. NEUGEBAUER. Mr. Chairman, I derstand the terms and conditions of of my time. appreciate the spirit by which the gen- the contract. Mr. NEUGEBAUER. Mr. Chairman, I tlewoman is introducing this amend- I have worked with Representative rise in opposition to the amendment. ment, but what we are all trying to do BIGGERT and Congressman HINOJOSA to The CHAIR. The gentleman from with disclosure, I think, is simplify it ensure that HUD, for example, and the Texas is recognized for 5 minutes. in a way that consumers actually un- Fed work together to have a simple

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5362 CONGRESSIONAL RECORD — HOUSE May 7, 2009 disclosure that is uniform and uni- side by side. With all due respect, I think that someone is going to offer 15 versal so that when people are taking think it’s easy to draw up and even choices if they’re going to have to do a credit out, they understand the terms easier for an individual to understand. spreadsheet that’s 15 columns wide? and conditions of that and it’s the This is in the best interest of the banks Mr. MILLER of North Carolina. Well, same terms and conditions that they’re so they can make good loans and the if it’s done on a standardized form, it presented when they get to closing. families so they can take out good probably is very helpful if it’s on a Now, what the gentlewoman’s loans to stay in their homes. Buying a standardized form. What’s the dis- amendment says is that all products house is a big decision, and people de- advantage of putting it in writing rath- offered or discussed or referred by the serve all the information in a simple er than its being oral? originator must be put in this spread- form. Mr. NEUGEBAUER. Reclaiming my sheet. What does that mean? Well, that Mr. Chairman, I now yield 2 minutes time, Mr. Chairman, the answer to that means that in order to cut down on the to the gentleman from North Carolina question is going to be ‘‘no,’’ because amount of paperwork that an origi- (Mr. MILLER). the people that are offering those are nator is going to want to do, they’re Mr. MILLER of North Carolina. Mr. going to offer one or two choices be- not going to discuss very many options Chairman, this is a simplified disclo- cause now they’ve got additional pa- and they’re going to be asked to make sure. Ms. TITUS’s amendment is good perwork and they’re going to have to assumptions of what are the benefits of work. It is a helpful clarification. be drawing assumptions of the cost/ a particular product over the other The bill elsewhere already requires benefits. product. disclosure at the outset in a timely If we go back to the underlying bill, One of the things that this bill does way. It requires the originator to which says you’ve got to make a dis- is it moves in a direction to begin to present the consumer, the homebuyer, closure, and it’s going to be in a sim- simplify that disclosure process, and the homeowner with an array of mort- plified form hopefully, and with gov- now we’re kind of truncating that with gage products that are suitable to that ernment that’s a stretch to simplify this new disclosure; so now we are consumer, mortgages that the con- anything, but if we do get HUD and the going to add another piece of paper. sumer likely qualifies for and are ap- Fed together to come up with one I would submit to you that a lot of propriate to the consumer’s existing form, then we’re going to be able to people took on mortgages that they circumstances, and requires a disclo- offer them products where we have a didn’t understand the terms and condi- sure of comparative costs and benefits uniform disclosure. So they’re going to tions of. I don’t know that there was of each of the mortgage products of- be able to draw their own conclusions any predatory lending necessarily fered. This simply requires that it be in and not rely on the lender or the origi- going on. In some cases there may have a form. It doesn’t bring down the nator to make some kind of assump- been. But in many cases the disclosures thumb on one side of the scale. It real- tions on a spreadsheet. are very hard to read, they’re ly lets the consumer make the decision The CHAIR. The gentleman’s time multipages, and the terms and condi- and make the decision based upon good has expired. tions, unless you read many, many information. Ms. TITUS. Mr. Chairman, I would pages, you didn’t understand. Elsewhere in the bill, we also require just still say that the banks want to One of the things that I believe is the standardized forms designed by the make good loans and families want to best way to do that is that on a one- bank regulators, not by the lenders, so get loans so they can that stay in their page form you have all of the more im- we make sure that this is being pre- homes. And the paperwork is just a portant conditions of this loan so that sented in a way that’s designed so that simple chart, side by side, that a sec- the person that’s taking out that mort- consumers can understand it, not de- ond grader could make, and I show that gage understands what they are get- signed in a way so consumers won’t un- to you again. ting. But I think we are going down a derstand it. I would like to once again thank road here of what’s going to happen in This amendment is a helpful clari- Chairman FRANK, Mr. WATT, and Mr. this legislation, if this amendment is fication. It will help consumers under- MILLER for their assistance on this leg- passed is, we are going to tell the stand what they’re doing. I support Ms. islation. I would urge my colleagues to American people the government TITUS’s amendment. support this amendment. knows best what mortgage you should Mr. NEUGEBAUER. Mr. Chairman, Mr. Chairman, I yield back the bal- take out because we’re going to make somehow adding more forms doesn’t ance of my time. it so onerous for originators to display sound simpler to me, and basically The CHAIR. The question is on the their products and to sit down and that’s what we are doing here. amendment offered by the gentle- In the underlying legislation, we’re counsel with their prospective bor- woman from Nevada (Ms. TITUS). rowers that they are going to only give working together for a simple, uniform The amendment was agreed to. them one choice. And, in fact, I think form. And by the way, what would hap- AMENDMENT NO. 13 OFFERED BY MR. MARIO in many ways that’s what this bill pen in that case is, as the lender is DIAZ-BALART OF FLORIDA does. talking about different products, they The CHAIR. It is now in order to con- It begins to say, you know what, the would have that simplified one-page sider amendment No. 13 printed in Federal Government is going to tell disclosure for this product and that House Report 111–98. you what kind of mortgage that you product, and then it’s up to the con- Mr. MARIO DIAZ-BALART of Flor- should have. That’s not the role of the sumer to be able to say, I’m going to ida. Mr. Chairman, I have an amend- Federal Government. The role of the look through this information and ment at the desk. Federal Government here is to make make a determination. The CHAIR. The Clerk will designate sure there are fair and ethical practices And if the gentleman would like to the amendment. going on and not for the Federal Gov- answer this question: Do you believe The text of the amendment is as fol- ernment to force originators of mort- that a lender that maybe has 15 or 20 lows: gages to be telling borrowers what kind products available to him for an indi- Amendment No. 13 offered by Mr. MARIO of mortgages they should take out be- vidual borrower is going to display 15 DIAZ-BALART of Florida: cause they’re afraid that they will fall or 20 products to you if he’s going to At the end of the bill add the following new under some of the provisions of this have to do a spreadsheet that’s 15 or 16 title: bill. columns wide? TITLE VIII—STUDY OF EFFECT OF So I am very much opposed to this. I I yield to the gentleman. DRYWALL PRESENCE ON FORECLOSURES think it goes down the wrong direction. Mr. MILLER of North Carolina. The SEC. 801. STUDY OF EFFECT OF DRYWALL PRES- We are working in a bipartisan way to bill elsewhere requires a full, complete, ENCE ON FORECLOSURES. and timely disclosure to each consumer (a) STUDY.—The Secretary of Housing and simplify disclosure for mortgages and Urban Development, in consultation with we should stay that course. of the comparative costs and benefits the Secretary of the Treasury, shall conduct Mr. Chairman, I reserve the balance of each residential mortgage loan prod- a study of the effect on residential mortgage of my time. uct. loan foreclosures of— Ms. TITUS. Mr. Chairman, just brief- Mr. NEUGEBAUER. That wasn’t the (1) the presence in residential structures ly, I would present this simple chart of question. The question was, do you subject to such mortgage loans of drywall

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5363 that was imported from China during the pe- information, that we have the actual issue forward. I rise in strong support riod beginning with 2004 tand ending at the information in a timely fashion. of this amendment, because my con- end of 2007; and I want to thank, again, the chairman stituents in Florida and citizens (2) the availability of property insurance for his consideration. And, as I said be- throughout our Nation are facing a for residential structures in which such drywall is present. fore, I want to thank Mr. WEXLER for real and a growing emergency from (b) REPORT.—Not later than the expiration his leadership. There are dozens and dangerous and harmful drywall im- of the 120-day period beginning on the date of hundreds of homeowners who are des- ported from China. the enactment of this Act, the Secretary of perately seeking relief, and this is one The level of threat to the health and Housing and Urban Development shall sub- more way to try to do that. homes of our citizens is akin to a nat- mit to the Congress a report on the study Mr. Chairman, I reserve the balance ural disaster. This danger is much conducted under subsection (a) containing of my time. more like a silent hurricane, and it is its findings, conclusions, and recommenda- Mr. FRANK of Massachusetts. Mr. touching down not just in Florida, but tions. Chairman, I rise, in the absence of any in Louisiana, Mississippi, Texas, Vir- The CHAIR. Pursuant to House Reso- other claimant, to claim the time in ginia and a growing list of other lution 406, the gentleman from Florida opposition. States. (Mr. MARIO DIAZ-BALART) and a Mem- The CHAIR. Without objection, the The Federal Government must take ber opposed each will control 5 min- gentleman from Massachusetts is rec- immediate steps to protect Americans utes. ognized for 5 minutes. whose homes are afflicted with defec- The Chair recognizes the gentleman There was no objection. tive drywall. This amendment is an im- from Florida. Mr. FRANK of Massachusetts. Mr. portant step forward. Mr. MARIO DIAZ-BALART of Flor- Chairman, I commend this bipartisan I again want to thank Mr. DIAZ- ida. Before anything else, I want to effort to address an issue that is par- BALART for his leadership on this cru- thank the chairman and also I want to ticularly important in their district. cial issue. thank Mr. WEXLER. Mr. WEXLER has I yield back the balance of my time. The affected drywall emits a foul been a leader on this issue from day Mr. MARIO DIAZ-BALART of Flor- odor. It produces gases that corrode one, and he’s a leader also on this ida. I would like to yield as much time copper, electrical wiring, and is likely amendment, but it’s more than just as he would consume to the gentleman responsible for chronic health problems this amendment. He has done an in- from Florida (Mr. BUCHANAN). for the occupants of the homes. This is credible job on this issue. And I want Mr. BUCHANAN. I want to thank the an acute and growing crisis with an es- to explain the issue and the amend- gentleman for yielding. timated 35,000 homes in Florida af- ment. I rise in support of this important bi- fected and tens of thousands more Mr. Chairman, we have all heard partisan amendment. throughout the country. about this problem, I’m sure, with the Defective Chinese drywall has taken Over the past few weeks, I have had Chinese drywall. Recent reports are a toll on thousands of homeowners. the opportunity to meet parents and that about 100,000 homes could be af- Many, including my constituent, John visit with them in their homes, where fected. This imported drywall from Medico of Bradenton, are now finding young children have developed bron- China contains sulfuric gas, which ac- their homes uninhabitable. chitis, pneumonia and other res- tually has corroded copper electrical John left his new home and now rents piratory illnesses that have required wiring. It’s corroded air conditioning a place. He is forced to not only to pay hospitalization and surgery. Pregnant units and copper pipes, including to the the mortgage, but he is paying rent on women in my district have been ad- point where there have been fire haz- his new place. And this has happened vised by their physicians to move out ards. It’s also a health issue. It has cre- to a lot of people in my area in south- of their homes, and children have been ated sinus problems, created bloody west Florida. waking up regularly to bloody noses noses, headaches. It has created bron- Earlier this year I wrote the U.S. and sinus infections. chitis and pneumonia in children, and Trade Representative and the Federal It is in this vein that I, along with now we hear that it’s also harmful to Trade Commission asking them to take Mr. DIAZ-BALART, under his leadership, pregnant women. As a matter of fact, the appropriate steps to confront this have introduced H.R. 1977, the Drywall Mr. Chairman, on April 17, the Wall problem. Safety Act of 2009, which would require Street Journal stated that the Univer- I am concerned about the public the Consumer Product Safety Commis- sity of Southern California’s School of health effects of the problem. Anec- sion to ban dangerous drywall, study Medicine, a professor there, stated dotal evidence points to the Chinese drywall imported from China and make ‘‘that sulfur compound gasses, even at drywall being responsible for the recommendations on new safety stand- low levels, have been found to cause chronic respiratory problems in our re- ards. respiratory problems such as asthma.’’ gion. Also, pregnant women have been Currently the Consumer Product So here’s the problem. There is this advised to move out of their homes for Safety Commission, the Centers for drywall that has been imported from the safety of the unborn. Disease Control and Prevention and China that has been installed in a num- I am grateful to the gentleman for the EPA are conducting tests. While ber of homes, again maybe up to bringing this amendment forward. I these tests are essential, the current 100,000. Homeowners are stuck with look forward to working with my col- timeframe for completion is unaccept- these homes. It’s more than just smell. leagues on both sides of the aisle of able and results may not be known for It’s potentially dangerous, and, again, Florida on this important issue and months, especially considering the it eats even wiring and copper. helping our constituents resolve this problem is expected to grow during the problem. hot and humid summer months. b 1400 Mr. FRANK of Massachusetts. Mr. We are, therefore, urging the EPA Individuals, homeowners, are stuck Chairman, I ask unanimous consent to and CDC to exhaust all possible re- with these homes. They can’t sell reconsider my hasty action and take sources to expedite drywall testing. them. They can’t live in them, and back my time. Furthermore, we have requested crit- they are stuck with them. The CHAIR. Without objection, the ical emergency funding that would So what this amendment does, very gentleman from Massachusetts may re- allow relevant agencies to conduct the simply, is the following. It authorizes a claim his remaining time. necessary investigations into the study by the Secretary of HUD, in con- There was no objection. health and safety impacts of this sultation with the Secretary of the Mr. FRANK of Massachusetts. I yield drywall, as well as provide public infor- Treasury, on the effects of Chinese 3 minutes to the gentleman from Flor- mation resources to alert those im- drywall on residential mortgage loan ida (Mr. WEXLER). pacted about the risks they may be fac- foreclosures and the availability of Mr. WEXLER. I especially thank the ing. property insurance. And, again, then, chairman, and I want to point out the I want to applaud the efforts of Gov- it’s to report to Congress within 120 extraordinary effort that Congressman ernor Charlie Crist and the Florida De- days. It’s critical that we have all the DIAZ-BALART has made to push this partment of Public Health for their

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5364 CONGRESSIONAL RECORD — HOUSE May 7, 2009 leadership. This is a complex and grow- TITLE VIII—FANNIE MAE GUIDELINES So what my amendment does is, it ing problem. We still don’t know the FOR PURCHASE OF CONDOMINIUM AND says listen, taking a look at the guide- extent. COOPERATIVE HOUSING MORTGAGES lines, taking a look at our desires not I want to thank the chairman, thank SEC. 801. GUIDELINES FOR PURCHASE OF CON- to have unnecessary risk taken, if you DOMINIUM AND COOPERATIVE Mr. DIAZ-BALART, and please support HOUSING MORTGAGES. want to change, based on regional con- this amendment. The Federal National Mortgage Associa- sideration, say, the gentleman from Mr. FRANK of Massachusetts. Mr. tion and the Federal Home Loan Mortgage Florida, me from New York, Las Vegas, Chairman, I yield back the balance of Corporation shall take actions as are appro- places that have a disproportionate my time. priate to establish and revise fee schedules, number of these condos and co-ops on occupancy and pre-sale guidelines, and other the market, we encourage Fannie and Mr. MARIO DIAZ-BALART of Flor- relevant underwriting standards for the pur- ida. Again, I do want to thank the Freddie with this amendment to make chase of condominium and cooperative hous- those regional changes and require- chairman of the committee, Mr. ing, consistent with appropriate levels of FRANK; again, Mr. WEXLER in par- credit risk. In setting such fees, guidelines, ments. ticular for his leadership. and standards, each association may con- Let me stress we are not saying we want them to make bad loans. That This is a critical issue not only for sider factors such as the relative health of doesn’t do that in this amendment, and Florida, but for thousands and thou- the local or regional housing market in which such housing is located, and whether I don’t think we want to do that in this sands of other homeowners. With that, the housing is in a new or existing develop- Congress. But we do want them to be I would urge a ‘‘yes’’ vote. ment. flexible to say, you know what, if you I yield back the balance of my time. Mr. WEINER (during the reading). I have communities like New York, The CHAIR. The question is on the request unanimous consent that the where people are saying I want to get amendment offered by the gentleman modification be considered as read. involved in that market, I want to buy from Florida (Mr. MARIO DIAZ-BALART). The CHAIR. Is there objection to the co-ops and condos, to make the limit, The amendment was agreed to. request of the gentleman from New the threshold so high you wind up put- AMENDMENT NO. 14 OFFERED BY MR. WEINER, AS York? ting a damper on the investment that MODIFIED There was no objection. we want to see happen. The CHAIR. It is now in order to con- The CHAIR. Is there objection to the I encourage a ‘‘yes’’ vote. sider amendment No. 14 printed in modification? I reserve the balance of my time. House Report 111–98. Mr. NEUGEBAUER. I do not object, Mr. NEUGEBAUER. Mr. Chairman, I but I would like for the gentleman to Mr. WEINER. Mr. Chairman, I offer rise to claim time in opposition, al- clarify what his amendment does. the said amendment made in order though I am not opposed to the amend- The CHAIR. Without objection, the under the rule. ment. amendment is modified. The CHAIR. Without objection, the The CHAIR. The Clerk will designate There was no objection. gentleman from Texas is recognized for the amendment. Mr. WEINER. First, I want to begin 5 minutes. The text of the amendment is as fol- by offering my gratitude to the chair- There was no objection. lows: man of the committee and the minor- Mr. NEUGEBAUER. I am sorry I Amendment No. 14 offered by Mr. WEINER: ity, including their staff: Scott Olson, didn’t make the question clear to the At the end of the bill, add the following majority staff; and Dave Oxner on the gentleman, in his UC, he was trying to new title: minority staff. fix a PAYGO issue. TITLE VIII—FANNIE MAE GUIDELINES I don’t intend to take the full time. Could you explain how your unani- FOR PURCHASE OF CONDOMINIUM AND You know, we have a phenomenon mous consent request addressed that COOPERATIVE HOUSING MORTGAGES going on that we are trying, at the PAYGO issue? SEC. 801. GUIDELINES FOR PURCHASE OF CON- same time, to get people the credit Mr. WEINER. I will do that the best DOMINIUM AND COOPERATIVE that they want in order to be able to I can, although it was a fairly obscure HOUSING MORTGAGES. make purchases. thing. I was commenting to the chair- The Federal National Mortgage Associa- We also want Fannie and Freddie not man earlier, we have outsourced so tion and the Federal Home Loan Mortgage to take unnecessary risks. We are try- much of our authority to bureaucrats Corporation shall take actions as are appro- ing to strike that balance. This legisla- at the CBO, but they apparently were priate to establish and revise fee schedules, occupancy and pre-sale guidelines, and other tion does it, I believe. concerned that language in my bill relevant underwriting standards in order to One of the challenges we have in would have required them to make ensure the availability of affordable mort- some parts of the country, though, we loans or make certain changes in regu- gage credit for condominium and cooperative have a large number of co-ops and lations. housing, consistent with appropriate levels condos that are in the stock that are So what we did is we dialed down of credit risk. In setting such fees, guide- now starting to find buyers. People are some of the language, and we said take lines, and standards, each association may saying, you know what, the prices have actions that are appropriate to estab- consider factors such as the relative health come down, we want to make these lish and revise schedules. I think we of the local or regional housing market in which such housing is located, and whether purchases. made some changes to make it clear we the housing is in a new or existing develop- At the same time, the standards have weren’t requiring any specific action ment. been raised by Fannie and Freddie such that might trigger a budget implica- that, according to the regulation, that The CHAIR. Pursuant to House Reso- tion. you need to have 70 percent of the I think the Parliamentarian has told lution 406, the gentleman from New units in any co-op or condo purchased us that this new language doesn’t trig- York (Mr. WEINER) and a Member op- before the first one will be financed and ger PAYGO. And I didn’t want—even at posed each will control 5 minutes. guaranteed by Fannie and Freddie. the thought that it might happen, I The Chair recognizes the gentleman The problem is that you create this didn’t want it to drag down the whole from New York. dynamic that people say I am inter- bill, so we made the changes they rec- Mr. WEINER. Mr. Chairman, I re- ested, I am interested, I am interested. ommended. quest unanimous consent to modify the In order to reach that 70 percent Mr. NEUGEBAUER. Thank you. amendment with the version that is at threshold it’s very, very difficult and I yield to the gentleman from Massa- the desk. you wind up chasing away people who chusetts. The CHAIR. The Clerk will report the simply don’t want to wait that long. Mr. FRANK of Massachusetts. The modification. They leave with their deposits in hand, gentleman is correct. This does resolve The Clerk read as follows: and, frankly we get into this cycle the PAYGO issue. It makes it clear Amendment No. 14 offered by Mr. WEINER, where these units remain on the mar- that this is not mandating, it’s encour- as modified: kets. aging and that solves the problem. At the end of the bill, add the following We need to clear out the stock. We Mr. NEUGEBAUER. So instead of new title: also want to give credit where it’s due. being mandatory, it’s discretionary.

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5365 Mr. FRANK of Massachusetts. The site nightly rental desk. By taking these ac- LAKE OZARK PROPERTY, gentleman is correct. tions without regard to the specific perform- Gravois Mills, MO, March 31, 2009. Mr. SKELTON. Madam Chair, let me take ance of local markets they are sure to make Re Regulation Changes for Freddie Mac and this opportunity to express my support for an the issues of a handful of states a national Fannie Mae amendment offered by my good friend and crisis. Congressman IKE SKELTON, 4th District of Missouri, N. Adams Street, Leb- colleague from New York, Congressman AN- While it is undeniable that Fannie Mae and anon, Missouri. Freddie Mac have incurred unprecedented THONY WEINER. DEAR CONGRESSMAN SKELTON: I am a real Like the gentleman, I have heard concerns losses in the so called ‘‘sand states’’ of Flor- estate broker with my own company here at about how Fannie Mae and Freddie Mac have ida, California, Nevada and Arizona, our Lake of the Ozarks. My main source of busi- established new, nationwide requirements re- market has remained stable but that sta- ness is the sale of new condominiums. lating to the guarantee of mortgages for con- bility is now being threatened by these Just today I spoke to Mr. Russ Clay from dominiums. These new rules require condo- shortsighted, ‘‘one size fits all’’ restrictions. Central Bank. He informed me that the regulations for Freddie Mac will follow along minium buildings to place 70 percent of the Freddie Mac and Fannie Mae have imple- with Fannie Mae by changing from the units under contract before any one mortgage mented presale requirements of 70 percent on newly imposed 51 percent sold to 70 percent will be guaranteed. Fannie and Freddie had new condominium developments. This single sold on any new condominium project. previously required 51 percent of condo units change in midstream for many projects that As the Lake of the Ozark is a large portion to be under contract. are in various stages of development will of your district, you are aware that our In areas of the country experiencing a se- cause catastrophic damage to an otherwise economy is based on resort and vacation vere glut in the condominium market and large stable market. You talk about changing the visitors. Many people come to the lake to numbers of foreclosures, restrictive require- rules in the middle of the game and tanking purchase second homes and spend their dis- ments may be appropriate. But in parts of our a segment of the real estate market. This cretionary income. means that consumers who want to purchase The area directly around the lake has not nation that have not experienced the same de- suffered with the foreclosure problems like a new condo in a new development cannot gree of foreclosures, like rural Missouri, this Florida and California and yet Freddie and get 30 year fixed rate financing. If the con- one-size-fits-all approach is hindering the sale Fannie have decided to paint a broad stroke of condominiums to creditworthy borrowers. sumer cannot purchase, then a developer to include our area in these newly imposed Congressman WEINER’s amendment would cannot sell, and if a developer cannot sell, restrictions. give Fannie and Freddie the flexibility to con- then a bank cannot be repaid for the com- The economic problems they are trying to sider the health of a local or regional housing mercial loan, and everyone involved loses. dig out of in those areas will be created here market when determining pre-sale thresholds. This change will work to make a regional by these new changes. The very tools they crisis a national crisis. The Freddie and are using to stop the bleeding in other areas This flexibility is very important to realtors, Fannie Account Representative abilities to will create problems right here in our area. bankers, and prospective homeowners in Mis- negotiate agreements that are common and Many of our condominium projects are new souri and especially those near the Lake of customary to local markets have been elimi- and have not yet reached the 52 percent the Ozarks. nated. Freddie Mac and Fannie Mae have re- mark let alone the 70 percent mark and yet they are selling and are successful. I would ask that letters from Central Bank of moved the ability to lend in established con- Lake of the Ozarks and from Lake Ozark I am asking you to speak out for us here at dominium projects where there are nightly the Lake. Freddie and Fannie should create Property, which explain how the rules are hin- rental desks that are diminutive in size and dering business in Missouri, be submitted. criteria based on the needs of the area. Sure- impact the project very little. This will de- ly they have enough employees available to I commend Congressman WEINER for offer- crease the marketability and value of the prepare market reports on the main districts ing this amendment and look forward to work- units in those projects where consumers can- within each state and create programs based ing with him and with Financial Services Com- not get 30 year fixed-rate financing. on how well or how poorly we have mittee Chairman FRANK to ensure the lan- The consumers, condominium owners, and preformed in the past. Also, as you meet regarding the regula- guage can be retained in a conference with developers are losing out on the opportunity the Senate. tions of appraisals for boat slips and dock to purchase, refinance, and sell condomin- values, please keep in mind that we are, basi- I urge my colleagues to support passage of iums in a very favorable interest rate envi- this amendment. cally, a community of water. Our area was ronment. We think the President of the created from the lake, therefore, for two- CENTRAL BANK United States, Department of the Treasury, thirds of the year a place to park our boat is OF LAKE OF THE OZARKS, Federal Reserve, and Congress are working the same as a place to park our cars. Osage Beach, MO, April 20, 2009. hard to create a favorable market to sell real Thank you for reading this letter through. Re Legislative appeal estate and stabilize the market. Freddie Mac Please let me know what I can do to make Hon. IKE SKELTON, and Fannie Mae policy changes, as they per- Freddie Mac or Fannie Mae more aware of House of Representatives, Rayburn House Office tain to the condominium market at the Lake our plight here at Lake of the Ozarks. Building, Washington, DC. of the Ozarks, have done just the opposite. Regards, DEAR CONGRESSMAN SKELTON: I would like VICKI BROWN, They have managed to take a market seg- to bring your attention to a couple of issues Broker/Owner. ment of the real estate market at the Lake that have negatively impacted the economy Mr. NEUGEBAUER. I yield back the and the lives of thousands of condominium of the Ozarks and bring it to a standstill. balance of my time owners at Lake of the Ozarks. These issues The primary reason we have been given for have to do with the changes concerning the Mr. WEINER. I yield back the bal- the removal of these waivers by Freddie Mac ance of my time. financing of condominiums implemented by and Fannie Mae is because of problems they The Acting CHAIR (Ms. DEGETTE). two of the GSEs (Government-Sponsored En- have experienced with condos in the ‘‘sand terprise): Freddie Mac and Fannie, Mae. The question is on the amendment of- states’’. This is a prime example of Freddie For as long as we can remember, we have fered by the gentleman from New York Mac and Fannie Mae painting every market been operating under a Master Agreement (Mr. WEINER), as modified. and bank (underwriter) with a broad brush that contained special waivers approved by The amendment, as modified, was and then making decisions that have a nega- Freddie Mac and Fannie Mae, which allowed agreed to. us to make condominium loans on new condo tive impact on good markets and banks (un- ANNOUNCEMENT BY THE ACTING CHAIR projects. These waivers had been predicated derwriters) with a long history of out- on the resiliency of our condominium mar- standing performance. The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings will ket at the Lake of the Ozarks and Central We need your help. Please contact the peo- Bank of Lake of the Ozarks’ history of qual- ple in charge at Freddie Mac and Fannie Mae now resume on those amendments ity underwriting on loans sold to Freddie and ask them to get in touch with us to ad- printed in House Report 111–98 on Mac and Fannie Mae. While our condo- dress these issues. which further proceedings were post- minium sales have slowed too in response to poned, in the following order: Thank you for your time and help in this economic conditions, neither Fannie Mae Amendment No. 2 by Mr. FRANK of nor Freddie Mac have incurred any signifi- matter. Massachusetts. cant losses on the portfolio of condominium Very truly yours, Amendment No. 5 by Mr. HENSARLING loans our bank has sold them. In spite of this GREGORY J. GAGNON, stellar performance, both Freddie Mac and President & CEO. of Texas. Fannie Mae have now eliminated the waiver RUSSELL CLAY, Amendment No. 7 by Mr. PRICE of that allowed us to finance condominiums in Vice President, Mort- Georgia. new projects already under construction and gage Department Amendment No. 9 by Mr. MCHENRY of for condominium projects that have an on- Head North Carolina.

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5366 CONGRESSIONAL RECORD — HOUSE May 7, 2009 The Chair will reduce to 5 minutes Sarbanes Snyder Vela´ zquez The result of the vote was announced the time for any electronic vote after Schakowsky Space Visclosky as above recorded. Schauer Speier Walz the first vote in this series. Schiff Spratt Wasserman Stated against: AMENDMENT NO. 2 OFFERED BY MR. FRANK OF Schrader Stupak Schultz Mr. HELLER. Madam Chair, on rollcall No. Schwartz Sutton MASSACHUSETTS Waters Scott (GA) Tanner 238, the Frank Amendment No. 2 to H.R. Watson 1728, I was absent from the House at a family The Acting CHAIR. The unfinished Scott (VA) Tauscher Watt Serrano Taylor business is the demand for a recorded Waxman obligation. Had I been present, I would have Sestak Teague vote on the amendment offered by the Weiner voted ‘‘no.’’ Shea-Porter Thompson (CA) Welch gentleman from Massachusetts (Mr. Sherman Tierney AMENDMENT NO. 5 OFFERED BY MR. HENSARLING FRANK) on which further proceedings Shuler Titus Wexler Wilson (OH) The Acting CHAIR. The unfinished were postponed and on which the ayes Sires Tonko Skelton Towns Woolsey business is the demand for a recorded prevailed by voice vote. Slaughter Tsongas Wu vote on the amendment offered by the The Clerk will redesignate the Smith (WA) Van Hollen Yarmuth gentleman from Texas (Mr. amendment. NOES—176 HENSARLING) on which further pro- The Clerk redesignated the amend- Aderholt Gallegly Mitchell ceedings were postponed and on which ment. Akin Garrett (NJ) Moran (KS) the noes prevailed by voice vote. RECORDED VOTE Alexander Gerlach Murphy, Tim The Clerk will redesignate the Austria Giffords Myrick amendment. The Acting CHAIR. A recorded vote Bachmann Gingrey (GA) Neugebauer has been demanded. Bachus Gohmert Nunes The Clerk redesignated the amend- A recorded vote was ordered. Barrett (SC) Goodlatte Olson ment. Bartlett Granger The vote was taken by electronic de- Paul RECORDED VOTE Barton (TX) Graves Paulsen vice, and there were—ayes 245, noes 176, Biggert Guthrie Pence The Acting CHAIR. A recorded vote not voting 18, as follows: Bilbray Hall (TX) Petri has been demanded. Bilirakis Harper [Roll No. 238] Pitts A recorded vote was ordered. Bishop (UT) Hastings (WA) Platts AYES—245 Blackburn Hensarling Poe (TX) The Acting CHAIR. This will be a 5- Boehner Herger Abercrombie Edwards (TX) Posey minute vote. Lowey Bonner Hoekstra Ackerman Ellison ´ Price (GA) Lujan Bono Mack Hunter The vote was taken by electronic de- Adler (NJ) Ellsworth Putnam Lynch Boozman Inglis vice, and there were—ayes 171, noes 252, Altmire Engel Radanovich Maffei Boustany Issa Andrews Eshoo Rehberg not voting 16, as follows: Maloney Brady (TX) Jenkins Arcuri Etheridge Reichert Markey (CO) Bright Johnson (IL) [Roll No. 239] Baca Faleomavaega Roe (TN) Markey (MA) Broun (GA) Johnson, Sam Baird Farr Rogers (AL) AYES—171 Marshall Brown (SC) Jones Baldwin Fattah Rogers (KY) Aderholt Franks (AZ) Massa Brown-Waite, Jordan (OH) Miller (FL) Barrow Filner Rogers (MI) Akin Frelinghuysen Matheson Ginny King (IA) Miller (MI) Bean Foster Rohrabacher Alexander Gallegly Matsui Buchanan King (NY) Miller, Gary Becerra Frank (MA) Rooney Austria Garrett (NJ) McCarthy (NY) Burgess Kingston Moran (KS) Berkley Fudge Ros-Lehtinen Bachmann Gerlach McCollum Burton (IN) Kirk Murphy, Tim Berman Gonzalez Roskam Bachus Gingrey (GA) McDermott Buyer Kline (MN) Myrick Bishop (GA) Gordon (TN) Barrett (SC) Gohmert McGovern Calvert Lamborn Royce Neugebauer Bishop (NY) Grayson Bartlett Goodlatte McMahon Camp Lance Ryan (WI) Nunes Blumenauer Green, Al Barton (TX) Granger McNerney Campbell Latham Schmidt Olson Boccieri Green, Gene Biggert Graves Meek (FL) Cantor LaTourette Schock Paul Bordallo Griffith Bilbray Guthrie Meeks (NY) Cao Latta Sensenbrenner Paulsen Boren Grijalva Bilirakis Hall (TX) Melancon Capito Lee (NY) Sessions Pence Boswell Gutierrez Bishop (UT) Harper Michaud Carter Lewis (CA) Shadegg Petri Boucher Hall (NY) Blackburn Hastings (WA) Miller (NC) Cassidy Linder Shimkus Pitts Boyd Halvorson Boehner Hensarling Miller, George Castle LoBiondo Shuster Platts Brady (PA) Hare Bonner Herger Moore (WI) Chaffetz Lucas Simpson Poe (TX) Braley (IA) Harman Bono Mack Hoekstra Moran (VA) Coble Luetkemeyer Smith (NE) Posey Brown, Corrine Hastings (FL) Boozman Hunter Murphy (CT) Coffman (CO) Lummis Smith (NJ) Price (GA) Butterfield Heinrich Boustany Inglis Murphy (NY) Cole Lungren, Daniel Smith (TX) Putnam Capuano Herseth Sandlin Brady (TX) Issa Murphy, Patrick Conaway E. Souder Radanovich Cardoza Higgins Bright Jenkins Murtha Crenshaw Mack Stearns Rehberg Carnahan Hill Broun (GA) Johnson, Sam Napolitano Davis (KY) Manzullo Sullivan Reichert Carney Himes Brown (SC) Jordan (OH) Neal (MA) Deal (GA) Marchant Terry Roe (TN) Carson (IN) Hinchey Brown-Waite, King (IA) Norton Dent McCarthy (CA) Thompson (PA) Rogers (AL) Castor (FL) Hirono Ginny King (NY) Nye Diaz-Balart, L. McCaul Thornberry Rogers (KY) Chandler Hodes Buchanan Kingston Oberstar Diaz-Balart, M. McClintock Tiahrt Rogers (MI) Childers Holden Burgess Kirk Obey Dreier McCotter Tiberi Rohrabacher Christensen Honda Burton (IN) Kirkpatrick (AZ) Olver Duncan McHenry Turner Rooney Clarke Hoyer Buyer Kline (MN) Ortiz Ehlers McHugh Upton Ros-Lehtinen Clay Inslee Calvert Kratovil Pallone Emerson McKeon Walden Roskam Cleaver Israel Camp Lamborn Pascrell Fallin McMorris Westmoreland Royce Clyburn Jackson (IL) Campbell Lance Pastor (AZ) Flake Rodgers Whitfield Ryan (WI) Cohen Jackson-Lee Cantor Latham Payne Fleming Mica Wilson (SC) Schmidt Connolly (VA) (TX) Cao LaTourette Perlmutter Forbes Miller (FL) Wittman Schock Conyers Johnson, E. B. Capito Latta Perriello Foxx Miller (MI) Wolf Sensenbrenner Cooper Kagen Carter Lee (NY) Peters Franks (AZ) Miller, Gary Young (AK) Sessions Costa Kanjorski Cassidy Lewis (CA) Peterson Frelinghuysen Minnick Young (FL) Shimkus Costello Kaptur Pingree (ME) Castle Linder Shuster Courtney Kennedy Polis (CO) NOT VOTING—18 Chaffetz LoBiondo Simpson Crowley Kildee Pomeroy Coble Lucas Smith (NE) Berry Hinojosa Nadler (NY) Cuellar Kilpatrick (MI) Price (NC) Coffman (CO) Luetkemeyer Smith (NJ) Blunt Holt Pierluisi Cummings Kilroy Quigley Cole Lummis Smith (TX) Capps Johnson (GA) Scalise Dahlkemper Kind Rahall Conaway Lungren, Daniel Souder Culberson McIntyre Stark Davis (AL) Kirkpatrick (AZ) Rangel Crenshaw E. Sullivan Fortenberry Mollohan Thompson (MS) Davis (CA) Kissell Reyes Culberson Mack Terry Heller Moore (KS) Wamp Davis (IL) Klein (FL) Richardson Davis (KY) Manzullo Thompson (PA) Davis (TN) Kosmas Rodriguez ANNOUNCEMENT BY THE ACTING CHAIR Deal (GA) Marchant Thornberry DeFazio Kratovil Ross Dent McCarthy (CA) Tiahrt DeGette Kucinich Rothman (NJ) The Acting CHAIR (during the vote). Diaz-Balart, L. McCaul Tiberi Delahunt Langevin Roybal-Allard Members are advised that there are 2 Diaz-Balart, M. McClintock Upton DeLauro Larsen (WA) Ruppersberger minutes left in this vote. Dreier McCotter Walden Dicks Larson (CT) Rush Duncan McHenry Westmoreland Dingell Lee (CA) Ryan (OH) Emerson McHugh Whitfield Doggett Levin Sablan b 1445 Fallin McKeon Wilson (SC) Donnelly (IN) Lewis (GA) Salazar Ms. MARKEY of Colorado changed Flake McMahon Wittman Doyle Lipinski Sa´ nchez, Linda Fleming McMorris Wolf Driehaus Loebsack T. her vote from ‘‘no’’ to ‘‘aye.’’ Forbes Rodgers Young (AK) Edwards (MD) Lofgren, Zoe Sanchez, Loretta So the amendment was agreed to. Foxx Mica Young (FL)

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5367 NOES—252 b 1453 Shuster Thompson (PA) Whitfield Simpson Thornberry Wilson (SC) Abercrombie Grijalva Oberstar Mrs. MALONEY changed her vote Smith (NE) Tiahrt Wittman Ackerman Gutierrez Obey Adler (NJ) Hall (NY) Olver from ‘‘aye’’ to ‘‘no.’’ Smith (TX) Tiberi Wolf Altmire Halvorson Ortiz Mr. MCMAHON changed his vote Souder Turner Young (AK) Andrews Hare Pallone from ‘‘no’’ to ‘‘aye.’’ Stearns Upton Young (FL) Arcuri Harman Pascrell Sullivan Walden Baca Hastings (FL) Pastor (AZ) So the amendment was rejected. Terry Westmoreland Baird Heinrich Payne The result of the vote was announced Baldwin Herseth Sandlin Perlmutter as above recorded. NOES—259 Barrow Higgins Perriello Abercrombie Green, Gene Norton Bean Hill Peters Stated for: Ackerman Griffith Nye Becerra Himes Peterson Mr. HELLER. Madam Chair, on rollcall No. Adler (NJ) Grijalva Berkley Hinchey Pingree (ME) Oberstar 239, the Hensarling Amendment No. 5 to H.R. Altmire Gutierrez Obey Berman Hirono Polis (CO) 1728, I was absent from the House at a family Bishop (GA) Hodes Pomeroy Andrews Hall (NY) Olver Bishop (NY) Holden Price (NC) obligation. Had I been present, I would have Baca Halvorson Ortiz Blumenauer Honda Quigley voted ‘‘aye.’’ Baird Hare Pallone Boccieri Hoyer Rahall Baldwin Harman Pascrell AMENDMENT NO. 7 OFFERED BY MR. PRICE OF Bordallo Inslee Rangel Barrow Hastings (FL) Pastor (AZ) Boren Israel Reyes GEORGIA Bean Heinrich Payne Boswell Jackson (IL) Richardson The Acting CHAIR. The unfinished Becerra Herseth Sandlin Perlmutter Boucher Jackson-Lee Rodriguez business is the demand for a recorded Berkley Higgins Perriello Boyd (TX) Ross vote on the amendment offered by the Berman Hill Peters Brady (PA) Johnson (GA) Rothman (NJ) Bishop (GA) Himes Peterson Braley (IA) Johnson (IL) Roybal-Allard gentleman from Georgia (Mr. PRICE) on Bishop (NY) Hinchey Pingree (ME) Brown, Corrine Johnson, E. B. Ruppersberger which further proceedings were post- Blumenauer Hirono Platts Butterfield Jones Rush poned and on which the noes prevailed Boccieri Hodes Polis (CO) Capuano Kagen Ryan (OH) Bordallo Holden Pomeroy Cardoza by voice vote. Kanjorski Sablan Boren Honda Price (NC) Carnahan Kaptur Salazar The Clerk will redesignate the Boswell Hoyer Quigley Carney Kennedy Sa´ nchez, Linda amendment. Boucher Inslee Rahall Carson (IN) Kildee T. Boyd Israel Rangel Castor (FL) The Clerk redesignated the amend- Kilpatrick (MI) Sanchez, Loretta Brady (PA) Jackson (IL) Chandler Kilroy Sarbanes ment. Reyes Braley (IA) Jackson-Lee Childers Kind Schakowsky Richardson RECORDED VOTE Brown, Corrine (TX) Christensen Kissell Schauer Rodriguez Brown-Waite, Johnson (GA) Clarke Klein (FL) Schiff The Acting CHAIR. A recorded vote Ross Ginny Johnson, E. B. Clay Kosmas Schrader has been demanded. Rothman (NJ) Butterfield Jones Cleaver Kucinich Schwartz Roybal-Allard A recorded vote was ordered. Capuano Kagen Clyburn Langevin Scott (GA) Ruppersberger Cohen Larsen (WA) Scott (VA) The Acting CHAIR. This will be a 5- Cardoza Kanjorski Rush Connolly (VA) Larson (CT) Serrano minute vote. Carnahan Kaptur Ryan (OH) Conyers Lee (CA) Sestak Carney Kennedy Sablan The vote was taken by electronic de- Carson (IN) Kildee Cooper Levin Shadegg vice, and there were—ayes 167, noes 259, Salazar Costa Lewis (GA) Shea-Porter Castor (FL) Kilpatrick (MI) Sa´ nchez, Linda Costello Lipinski Sherman not voting 13, as follows: Chandler Kilroy T. Courtney Loebsack Shuler [Roll No. 240] Childers Kind Sanchez, Loretta Crowley Lofgren, Zoe Sires Christensen Kissell Sarbanes AYES—167 Cuellar Lowey Skelton Clarke Klein (FL) Schakowsky Cummings Luja´ n Slaughter Aderholt Duncan Manzullo Clay Kosmas Schauer Dahlkemper Lynch Smith (WA) Akin Emerson Marchant Cleaver Kratovil Schiff Davis (AL) Maffei Snyder Alexander Fallin McCarthy (CA) Clyburn Kucinich Schrader Cohen Lance Davis (CA) Maloney Space Arcuri Flake McCaul Schwartz Connolly (VA) Langevin Davis (IL) Markey (CO) Speier Austria Fleming McClintock Scott (GA) Davis (TN) Markey (MA) Spratt Conyers Larsen (WA) Bachmann Forbes McCotter Scott (VA) DeGette Marshall Stearns Cooper Larson (CT) Bachus Foxx McHenry Serrano Delahunt Massa Stupak Costa Lee (CA) Barrett (SC) Franks (AZ) McHugh Sestak DeLauro Matheson Sutton Bartlett Frelinghuysen McKeon Costello Levin Shea-Porter Dicks Matsui Tanner Barton (TX) Gallegly McMorris Courtney Lewis (GA) Sherman Dingell McCarthy (NY) Tauscher Biggert Garrett (NJ) Rodgers Crowley Lipinski Shuler Doggett McCollum Taylor Bilbray Gingrey (GA) Mica Cuellar LoBiondo Sires Donnelly (IN) McDermott Teague Bilirakis Gohmert Miller (FL) Cummings Loebsack Skelton Doyle McGovern Thompson (CA) Bishop (UT) Goodlatte Miller (MI) Dahlkemper Lofgren, Zoe Slaughter Driehaus McIntyre Tierney Blackburn Granger Miller, Gary Davis (AL) Lowey Smith (NJ) Edwards (MD) McNerney Titus Boehner Graves Moran (KS) Davis (CA) Luja´ n Ehlers Meek (FL) Tonko Bonner Guthrie Murphy (NY) Davis (IL) Lynch Smith (WA) Ellison Meeks (NY) Towns Bono Mack Hall (TX) Myrick Davis (TN) Maffei Snyder Ellsworth Melancon Tsongas Boozman Harper Neugebauer DeFazio Maloney Space Engel Michaud Turner Boustany Hastings (WA) Nunes DeGette Markey (CO) Speier Eshoo Miller (NC) Van Hollen Brady (TX) Hensarling Olson Delahunt Markey (MA) Spratt Etheridge Miller, George Visclosky Bright Herger Paul DeLauro Marshall Stupak Faleomavaega Minnick Walz Broun (GA) Hoekstra Paulsen Dent Massa Sutton Farr Mitchell Wasserman Brown (SC) Hunter Pence Dicks Matheson Tanner Fattah Mollohan Schultz Buchanan Inglis Petri Dingell Matsui Tauscher Filner Moore (KS) Waters Burgess Issa Pitts Doggett McCarthy (NY) Taylor Foster Moore (WI) Watson Burton (IN) Jenkins Poe (TX) Donnelly (IN) McCollum Teague Frank (MA) Moran (VA) Watt Buyer Johnson (IL) Posey Doyle McDermott Thompson (CA) Fudge Murphy (CT) Waxman Calvert Johnson, Sam Price (GA) Tierney Giffords Murphy (NY) Weiner Driehaus McGovern Camp Jordan (OH) Putnam Titus Gonzalez Murphy, Patrick Welch Edwards (MD) McIntyre Campbell King (IA) Radanovich Tonko Gordon (TN) Murtha Wexler Edwards (TX) McMahon Cantor King (NY) Rehberg Towns Grayson Napolitano Wilson (OH) Cao Kingston Ehlers McNerney Reichert Tsongas Green, Al Neal (MA) Woolsey Capito Kirk Roe (TN) Ellison Meek (FL) Van Hollen Green, Gene Norton Wu Carter Kirkpatrick (AZ) Rogers (AL) Ellsworth Meeks (NY) Vela´ zquez Griffith Nye Yarmuth Cassidy Kline (MN) Rogers (KY) Engel Melancon Visclosky Castle Lamborn Rogers (MI) Eshoo Michaud NOT VOTING—16 Chaffetz Latham Rohrabacher Etheridge Miller (NC) Walz Wasserman Berry Heller Stark Coble LaTourette Rooney Faleomavaega Miller, George Farr Minnick Schultz Blunt Hinojosa Thompson (MS) Coffman (CO) Latta Ros-Lehtinen Fattah Mitchell Waters Capps Holt Vela´ zquez Cole Lee (NY) Roskam Filner Mollohan Watson DeFazio Nadler (NY) Wamp Conaway Lewis (CA) Royce Edwards (TX) Pierluisi Crenshaw Linder Ryan (WI) Foster Moore (KS) Watt Fortenberry Scalise Culberson Lucas Schmidt Frank (MA) Moore (WI) Waxman Davis (KY) Luetkemeyer Schock Fudge Moran (VA) Weiner ANNOUNCEMENT BY THE ACTING CHAIR Deal (GA) Lummis Sensenbrenner Gerlach Murphy (CT) Welch Diaz-Balart, L. Lungren, Daniel Sessions Giffords Murphy, Patrick Wexler The Acting CHAIR (during the vote). Diaz-Balart, M. E. Shadegg Gonzalez Murphy, Tim Wilson (OH) Two minutes remain on this vote. Dreier Mack Shimkus Gordon (TN) Murtha Woolsey Grayson Napolitano Wu Green, Al Neal (MA) Yarmuth

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5368 CONGRESSIONAL RECORD — HOUSE May 7, 2009 NOT VOTING—13 Olson Rohrabacher Souder Turner Wasserman Weiner Paul Rooney Stearns Van Hollen Schultz Welch Berry Hinojosa Stark Paulsen Ros-Lehtinen Sullivan Vela´ zquez Waters Wexler Blunt Holt Thompson (MS) Pence Roskam Terry Wilson (OH) Capps Nadler (NY) Visclosky Watson Wamp Petri Royce Thompson (PA) Woolsey Fortenberry Pierluisi Walz Watt Pitts Ryan (WI) Thornberry Wu Heller Scalise Waxman Platts Schmidt Tiahrt Yarmuth ANNOUNCEMENT BY THE ACTING CHAIR Poe (TX) Schock Tiberi Posey Sensenbrenner Upton NOT VOTING—13 The Acting CHAIR (during the vote). Price (GA) Sessions Walden Berry Hinojosa Stark Two minutes are remaining. Putnam Shadegg Westmoreland Blunt Holt Thompson (MS) Radanovich Shimkus Whitfield Capps Nadler (NY) Wamp b 1503 Rehberg Shuster Wilson (SC) Fortenberry Pierluisi Roe (TN) Simpson Wittman Heller Scalise Ms. WATSON changed her vote from Rogers (AL) Smith (NE) Wolf ‘‘aye’’ to ‘‘no.’’ Rogers (KY) Smith (NJ) Young (AK) ANNOUNCEMENT BY THE ACTING CHAIR So the amendment was rejected. Rogers (MI) Smith (TX) Young (FL) The Acting CHAIR (during the vote). Two minutes are remaining. The result of the vote was announced NOES—255 as above recorded. Abercrombie Gonzalez Mollohan b 1511 Stated for: Ackerman Gordon (TN) Moore (KS) So the amendment was rejected. Mr. HELLER. Madam Chair, on rollcall No. Adler (NJ) Grayson Moore (WI) 240, the Price (GA) Amendment No. 7 to H.R. Altmire Green, Al Moran (VA) The result of the vote was announced 1728, I was absent from the House at a family Andrews Green, Gene Murphy (CT) as above recorded. Arcuri Griffith Murphy (NY) Stated for: obligation. Had I been present, I would have Baca Grijalva Murphy, Patrick voted ‘‘aye.’’ Baird Gutierrez Murphy, Tim Mr. HELLER. Madam Chair, on rollcall No. Baldwin Hall (NY) Murtha 241, the McHenry Amendment No. 9 to H.R. AMENDMENT NO. 9 OFFERED BY MR. MC HENRY Barrow Halvorson Napolitano 1728, I was absent from the House at a family The Acting CHAIR. The unfinished Bean Hare Neal (MA) obligation. Had I been present, I would have business is the demand for a recorded Becerra Harman Norton voted ‘‘aye.’’ vote on the amendment offered by the Berkley Hastings (FL) Nye Berman Heinrich Oberstar The Acting CHAIR. The question is gentleman from North Carolina (Mr. Bishop (GA) Herseth Sandlin Obey on the committee amendment in the Bishop (NY) Higgins Olver MCHENRY) on which further pro- nature of a substitute, as amended. ceedings were postponed and on which Blumenauer Hill Ortiz Boccieri Himes Pallone The committee amendment in the the noes prevailed by voice vote. Bordallo Hinchey Pascrell nature of a substitute, as amended, was The Clerk will redesignate the Boren Hirono Pastor (AZ) Boswell Hodes Payne agreed to. amendment. The Acting CHAIR. Under the rule, The Clerk redesignated the amend- Boucher Holden Perlmutter Boyd Honda Perriello the Committee rises. ment. Brady (PA) Hoyer Peters Accordingly, the Committee rose; RECORDED VOTE Braley (IA) Inslee Peterson Brown, Corrine Israel Pingree (ME) and the Speaker pro tempore (Mrs. The Acting CHAIR. A recorded vote Butterfield Jackson (IL) Polis (CO) TAUSCHER) having assumed the chair, has been demanded. Capuano Jackson-Lee Pomeroy Ms. DEGETTE, Acting Chair of the Com- A recorded vote was ordered. Cardoza (TX) Price (NC) Carnahan Johnson (GA) Quigley mittee of the Whole House on the state The Acting CHAIR. This will be a 5- Carney Johnson, E. B. Rahall of the Union, reported that that Com- minute vote. Carson (IN) Jones Rangel mittee, having had under consideration The vote was taken by electronic de- Castor (FL) Kagen Reichert the bill (H.R. 1728) to amend the Truth vice, and there were—ayes 171, noes 255, Chandler Kanjorski Reyes Childers Kaptur Richardson in Lending Act to reform consumer not voting 13, as follows: Christensen Kennedy Rodriguez mortgage practices and provide ac- [Roll No. 241] Clarke Kildee Ross countability for such practices, to pro- Clay Kilpatrick (MI) Rothman (NJ) AYES—171 Cleaver Kilroy Roybal-Allard vide certain minimum standards for Aderholt Cole Jordan (OH) Clyburn Kind Ruppersberger consumer mortgage loans, and for Akin Conaway King (IA) Cohen Kissell Rush other purposes, pursuant to House Res- Alexander Crenshaw King (NY) Connolly (VA) Klein (FL) Ryan (OH) olution 406, she reported the bill back Austria Culberson Kingston Conyers Kosmas Sablan Bachmann Davis (KY) Kirk Cooper Kratovil Salazar to the House with an amendment Bachus Deal (GA) Kirkpatrick (AZ) Costa Kucinich Sa´ nchez, Linda adopted by the Committee of the Barrett (SC) Dent Kline (MN) Costello Langevin T. Whole. Bartlett Diaz-Balart, L. Lamborn Courtney Larsen (WA) Sanchez, Loretta Barton (TX) Diaz-Balart, M. Lance Crowley Larson (CT) Sarbanes The SPEAKER pro tempore. Under Biggert Dreier Latham Cuellar Lee (CA) Schakowsky the rule, the previous question is or- Bilbray Duncan LaTourette Cummings Levin Schauer dered. Bilirakis Ehlers Latta Dahlkemper Lewis (GA) Schiff Is a separate vote demanded on any Bishop (UT) Emerson Lee (NY) Davis (AL) Lipinski Schrader Blackburn Fallin Lewis (CA) Davis (CA) Loebsack Schwartz amendment to the amendment re- Boehner Flake Linder Davis (IL) Lofgren, Zoe Scott (GA) ported from the Committee of the Bonner Fleming LoBiondo Davis (TN) Lowey Scott (VA) Whole? If not, the question is on the Bono Mack Forbes Lucas DeFazio Luja´ n Serrano Boozman Foxx Luetkemeyer DeGette Lynch Sestak amendment. Boustany Franks (AZ) Lummis Delahunt Maffei Shea-Porter The amendment was agreed to. Brady (TX) Frelinghuysen Lungren, Daniel DeLauro Maloney Sherman The SPEAKER pro tempore. The Bright Gallegly E. Dicks Markey (CO) Shuler question is on the engrossment and Broun (GA) Garrett (NJ) Mack Dingell Markey (MA) Sires Brown (SC) Gerlach Manzullo Doggett Marshall Skelton third reading of the bill. Brown-Waite, Gingrey (GA) Marchant Donnelly (IN) Massa Slaughter The bill was ordered to be engrossed Ginny Gohmert McCarthy (CA) Doyle Matheson Smith (WA) and read a third time, and was read the Buchanan Goodlatte McCaul Driehaus Matsui Snyder Burgess Granger McClintock Edwards (MD) McCarthy (NY) Space third time. Burton (IN) Graves McCotter Edwards (TX) McCollum Speier MOTION TO RECOMMIT Buyer Guthrie McHenry Ellison McDermott Spratt Mr. SESSIONS. Madam Speaker, I Calvert Hall (TX) McHugh Ellsworth McGovern Stupak Camp Harper McKeon Engel McIntyre Sutton have a motion to recommit at the Campbell Hastings (WA) McMorris Eshoo McMahon Tanner desk. Cantor Hensarling Rodgers Etheridge McNerney Tauscher The SPEAKER pro tempore. Is the Cao Herger Mica Faleomavaega Meek (FL) Taylor Capito Hoekstra Miller (FL) Farr Meeks (NY) Teague gentleman opposed to the bill? Carter Hunter Miller (MI) Fattah Melancon Thompson (CA) Mr. SESSIONS. I am in its current Cassidy Inglis Miller, Gary Filner Michaud Tierney form. Castle Issa Moran (KS) Foster Miller (NC) Titus The SPEAKER pro tempore. The Chaffetz Jenkins Myrick Frank (MA) Miller, George Tonko Coble Johnson (IL) Neugebauer Fudge Minnick Towns Clerk will report the motion to recom- Coffman (CO) Johnson, Sam Nunes Giffords Mitchell Tsongas mit.

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5369 The Clerk read as follows: The SPEAKER pro tempore. Is there going to do now, it will ensure it will Mr. Sessions moves to recommit the bill, objection to the request of the gen- be in the final bill. Madam Speaker, I H.R. 1728, to the Committee on Financial tleman from Texas? will ask for a recorded vote. Services with instructions to report the There was no objection. I yield back the balance of my time. same back to the House forthwith with the The SPEAKER pro tempore. The gen- Mr. FRANK of Massachusetts. following amendment: After section 407, insert the following new tleman from Texas is recognized for 5 Madam Speaker, I believe it was pre- section: minutes. mature to ask for a recorded vote be- SEC. 408. ACCOUNTABILITY AND TRANSPARENCY Mr. SESSIONS. Madam Speaker, yes- cause I had not yet been given my time FOR GRANT RECIPIENTS. terday in the Rules Committee I of- and maybe cooler heads will prevail. Section 106 of the Housing and Urban De- fered two amendments to this legisla- The SPEAKER pro tempore. Does the velopment Act of 1968 (12 U.S.C. 1701x), as tion. My first amendment asked for the gentleman seek time in opposition? amended by the preceding provisions of this courts to limit fees for attorneys filing title, is further amended by adding at the Mr. FRANK of Massachusetts. Yes, in end the following: lawsuits created by this legislation to the absence of any other Member, I will ‘‘(i) ACCOUNTABILITY FOR RECIPIENTS OF reasonable levels to ensure that real seek the time in opposition. COVERED ASSISTANCE.— victims of predatory lending, not trial The SPEAKER pro tempore. Without ‘‘(1) TRACKING OF FUNDS.—The Secretary lawyers, are fairly compensated for objection, the gentleman is recognized shall— wrongdoing. for 5 minutes. ‘‘(A) develop and maintain a system to ensure that any organization or entity that re- b 1515 There was no objection. Mr. FRANK of Massachusetts. We are ceives any covered assistance uses all Unsurprisingly, this amendment was amounts of covered assistance in accordance going to support the amendment. I am rejected by the committee Democrats with this section or section 216 of the Mort- puzzled as to what a rollcall would ac- on a party-line vote of 9–4. In rejecting gage Reform and Anti-Predatory Lending complish, except some missed planes. this amendment, my Democrat col- Act, as applicable, the regulations issued So I will now yield back the balance leagues chose to put trial lawyer fees under this section or such section 216, as ap- of my time and promise to vote ‘‘yes’’ plicable, and any requirements or conditions over victims’ compensation in cases very loudly. under which such amounts were provided; where homeowners have been de- The SPEAKER pro tempore. Without and frauded. objection, the previous question is or- ‘‘(B) require any organization or entity, as My second amendment would require a condition of receipt of any covered assist- dered on the motion to recommit. that ACORN meet the same trans- ance, to agree to comply with such require- There was no objection. parency and reporting requirements ments regarding covered assistance as the The SPEAKER pro tempore. The that Democrats demanded from any fi- Secretary shall establish, which shall in- question is on the motion to recommit. clude— nancial institutions receiving TARP The motion to recommit was agreed ‘‘(i) appropriate periodic financial and funds. My amendment would have en- to. grant activity reporting, record retention, sured accountability and transparency The SPEAKER pro tempore. The and audit requirements for the duration of for any taxpayer funds distributed as a the covered assistance to the organization or question is on the passage of the bill. result of this legislation. I will repeat entity to ensure compliance with the limita- The question was taken; and the tions and requirements of this section or sec- that: my amendment would have ensured accountability and transparency Speaker pro tempore announced that tion 216 of the Mortgage Reform and Anti- the ayes appeared to have it. Predatory Lending Act, as applicable, the for any taxpayer funds distributed as a regulations under this section or such sec- result of this legislation, just like Mr. FRANK of Massachusetts. tion 216, as applicable, and any requirements TARP funding that we have already Madam Speaker, I demand a recorded or conditions under which such amounts passed in this body. But, once again, vote. were provided; and my colleagues in the Rules Committee A recorded vote was ordered. ‘‘(ii) any other requirements that the Sec- The SPEAKER pro tempore. Mem- retary determines are necessary to ensure decided to vote against this and in favor of special interests, and the bers will record their vote by elec- appropriate administration and compliance. tronic device. ‘‘(2) MISUSE OF FUNDS.—If any organization amendment failed. or entity that receives any covered assist- Madam Speaker, the main compo- This is a 15-minute vote. ance is determined by the Secretary to have nent of this amendment really was not Without objection, the premature used any covered assistance in a manner received because it singled out ACORN proceedings on passage are vacated and that is materially in violation of this section as a group. And I note that it has a the Chair will entertain a forthwith re- or section 216 of the Mortgage Reform and well-documented history of deceit and port from the manager of the bill. Anti-Predatory Lending Act, as applicable, There was no objection. the regulations issued under this section or fraud, which, just again this week, ACORN has been accused in 26 counts Mr. FRANK of Massachusetts. such section 216, as applicable, or any re- Madam Speaker, pursuant to the in- quirements or conditions under which such of breaking the law in the State of Ne- assistance was provided— vada, and today, seven more counts structions of the House in the motion ‘‘(A) the Secretary shall require that, with- brought against them by a Democratic to recommit, I report the bill, H.R. in 12 months after the determination of such prosecutor in Pennsylvania. 1728, back to the House with an amend- misuse, the organization or entity shall re- So to answer this criticism, I am of- ment. imburse the Secretary for such misused fering this motion to recommit to ex- The SPEAKER pro tempore. The amounts and return to the Secretary any tend transparency and good govern- Clerk will report the amendment. such amounts that remain unused or uncom- The Clerk read as follows: mitted for use; and ment provisions from my original ‘‘(B) such organization or entity shall be amendment to any group that is re- Amendment offered by Mr. FRANK of Mas- ineligible, at any time after such determina- ceiving government grants for legal or sachusetts: tion, to apply for or receive any further cov- housing counseling. After section 407, insert the following new section: ered assistance. Mr. FRANK of Massachusetts. Will The remedies under this paragraph are in ad- SEC. 408. ACCOUNTABILITY AND TRANSPARENCY the gentleman yield? FOR GRANT RECIPIENTS. dition to any other remedies that may be Mr. SESSIONS. I would yield to the Section 106 of the Housing and Urban De- available under law. gentleman. velopment Act of 1968 (12 U.S.C. 1701x), as ‘‘(3) COVERED ASSISTANCE.—For purposes of Mr. FRANK of Massachusetts. I ap- this subsection, the term ‘covered assist- amended by the preceding provisions of this ance’ means any grant or other financial as- preciate the gentleman accommo- title, is further amended by adding at the sistance provided under— dating my objection. I support the re- end the following: ‘‘(A) this section; or commit, and I hope it is adopted. ‘‘(i) ACCOUNTABILITY FOR RECIPIENTS OF ‘‘(B) section 216 of the Mortgage Reform Mr. SESSIONS. I appreciate the gen- COVERED ASSISTANCE.— and Anti-Predatory Lending Act.’’. tleman doing that, for him accepting ‘‘(1) TRACKING OF FUNDS.—The Secretary shall— Mr. SESSIONS (during the reading). this, in the spirit of what you have ‘‘(A) develop and maintain a system to en- Madam Speaker, I ask unanimous condone. I appreciate that because it lives sure that any organization or entity that resent to dispense with the reading of the up to the gentleman’s word of accept- ceives any covered assistance uses all motion. ing. It is my hope that by what I am amounts of covered assistance in accordance

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5370 CONGRESSIONAL RECORD — HOUSE May 7, 2009 with this section or section 216 of the Mort- The yeas and nays were ordered. Teague Van Hollen Weiner ´ gage Reform and Anti-Predatory Lending The vote was taken by electronic de- Terry Velazquez Welch Act, as applicable, the regulations issued Thompson (CA) Visclosky Wexler vice, and there were—yeas 300, nays Tiberi Walden Wilson (OH) under this section or such section 216, as ap- Tierney Walz plicable, and any requirements or conditions 114, not voting 19, as follows: Wittman Titus Wasserman Wolf under which such amounts were provided; [Roll No. 242] Tonko Schultz Woolsey and YEAS—300 Towns Waters Wu Tsongas Watson ‘‘(B) require any organization or entity, as Yarmuth Abercrombie Fattah Meeks (NY) Turner Watt a condition of receipt of any covered assist- Young (FL) Ackerman Filner Melancon Upton Waxman ance, to agree to comply with such require- Adler (NJ) Forbes Michaud ments regarding covered assistance as the Altmire Foster Miller (MI) NAYS—114 Secretary shall establish, which shall in- Andrews Frank (MA) Miller (NC) Aderholt Gingrey (GA) Miller (FL) clude— Arcuri Fudge Miller, Gary Austria Gerlach Miller, George Akin Gohmert Moran (KS) ‘‘(i) appropriate periodic financial and Alexander Granger Myrick grant activity reporting, record retention, Baird Giffords Minnick Baldwin Gonzalez Mitchell Bachmann Graves Neugebauer and audit requirements for the duration of Barrow Goodlatte Mollohan Bachus Guthrie Nunes the covered assistance to the organization or Bartlett Gordon (TN) Moore (KS) Barrett (SC) Hall (TX) Olson entity to ensure compliance with the limita- Bean Grayson Moore (WI) Barton (TX) Harper Paul tions and requirements of this section or sec- Becerra Green, Al Moran (VA) Bishop (UT) Hastings (WA) Paulsen Blackburn Hensarling Berkley Griffith Murphy (CT) Pence tion 216 of the Mortgage Reform and Anti- Boehner Herger Berman Grijalva Murphy (NY) Pitts Predatory Lending Act, as applicable, the Bonner Hoekstra regulations under this section or such sec- Biggert Gutierrez Murphy, Patrick Poe (TX) Bilbray Hall (NY) Murphy, Tim Boozman Hunter tion 216, as applicable, and any requirements Boustany Inglis Posey Bilirakis Halvorson Murtha Price (GA) or conditions under which such amounts Bishop (GA) Hare Napolitano Brady (TX) Issa were provided; and Bright Jenkins Putnam Bishop (NY) Harman Neal (MA) Radanovich Blumenauer Hastings (FL) Nye Broun (GA) Johnson, Sam ‘‘(ii) any other requirements that the Sec- Rehberg Boccieri Heinrich Oberstar Brown (SC) Jordan (OH) retary determines are necessary to ensure Roe (TN) Bono Mack Herseth Sandlin Obey Camp King (IA) appropriate administration and compliance. Rogers (KY) Boren Higgins Olver Cantor Kingston ‘‘(2) MISUSE OF FUNDS.—If any organization Boswell Hill Ortiz Cao Kirkpatrick (AZ) Roskam or entity that receives any covered assist- Boucher Himes Pallone Carter Kline (MN) Royce ance is determined by the Secretary to have Brady (PA) Hinchey Pascrell Cassidy Lamborn Ryan (WI) used any covered assistance in a manner Braley (IA) Hirono Pastor (AZ) Chaffetz Latta Schmidt that is materially in violation of this section Brown, Corrine Hodes Payne Coble Lee (NY) Schrader Coffman (CO) Lewis (CA) or section 216 of the Mortgage Reform and Brown-Waite, Holden Perlmutter Sensenbrenner Ginny Honda Perriello Cole Lucas Sessions Anti-Predatory Lending Act, as applicable, Conaway Buchanan Hoyer Peters Luetkemeyer Shadegg the regulations issued under this section or Crenshaw Lummis Burgess Inslee Peterson Shuster such section 216, as applicable, or any re- Davis (KY) Mack Burton (IN) Israel Petri Smith (NE) quirements or conditions under which such Deal (GA) Manzullo Butterfield Jackson (IL) Pingree (ME) Smith (TX) assistance was provided— Buyer Jackson-Lee Platts Duncan Marchant Fallin McCarthy (CA) Sullivan ‘‘(A) the Secretary shall require that, with- Calvert (TX) Polis (CO) Thompson (PA) Capito Johnson (GA) Pomeroy Flake McCaul in 12 months after the determination of such Fleming McClintock Thornberry misuse, the organization or entity shall re- Capuano Johnson (IL) Price (NC) Tiahrt Cardoza Johnson, E. B. Quigley Foxx McHenry imburse the Secretary for such misused Westmoreland Carnahan Jones Rahall Franks (AZ) McKeon Whitfield amounts and return to the Secretary any Carney Kagen Rangel Frelinghuysen McMorris Wilson (SC) such amounts that remain unused or uncom- Carson (IN) Kanjorski Reichert Gallegly Rodgers mitted for use; and Castle Kaptur Reyes Garrett (NJ) Mica Young (AK) ‘‘(B) such organization or entity shall be Castor (FL) Kennedy Richardson NOT VOTING—19 ineligible, at any time after such determina- Chandler Kildee Rodriguez tion, to apply for or receive any further cov- Childers Kilpatrick (MI) Rogers (AL) Baca Green, Gene Scalise ered assistance. Clarke Kilroy Rogers (MI) Berry Heller Slaughter Clay King (NY) Rohrabacher Blunt Hinojosa Stark The remedies under this paragraph are in ad- Cleaver Kirk Rooney Boyd Holt Thompson (MS) dition to any other remedies that may be Clyburn Kissell Ros-Lehtinen Campbell Kind Wamp available under law. Cohen Klein (FL) Ross Capps Linder ‘‘(3) COVERED ASSISTANCE.—For purposes of Connolly (VA) Kosmas Rothman (NJ) Fortenberry Nadler (NY) this subsection, the term ‘covered assist- Conyers Kratovil Roybal-Allard Cooper Kucinich Ruppersberger ance’ means any grant or other financial as- Costa Lance Rush b 1543 sistance provided under— Costello Langevin Ryan (OH) ‘‘(A) this section; or Courtney Larsen (WA) Salazar Messrs. BROUN of Georgia and ‘‘(B) section 216 of the Mortgage Reform Crowley Larson (CT) Sa´ nchez, Linda REHBERG changed their vote from and Anti-Predatory Lending Act.’’. Cuellar Latham T. ‘‘yea’’ to ‘‘nay.’’ Culberson LaTourette Sanchez, Loretta Mr. FRANK of Massachusetts (during Cummings Lee (CA) Sarbanes Messrs. PERLMUTTER and BURTON the reading). Madam Speaker, I ask Dahlkemper Levin Schakowsky of Indiana changed their vote from unanimous consent that the amend- Davis (AL) Lewis (GA) Schauer ‘‘nay’’ to ‘‘yea.’’ Davis (CA) Lipinski Schiff ment be considered as read. So the bill was passed. The SPEAKER pro tempore. Is there Davis (IL) LoBiondo Schock Davis (TN) Loebsack Schwartz The result of the vote was announced objection to the request of the gen- DeFazio Lofgren, Zoe Scott (GA) as above recorded. tleman from Massachusetts? DeGette Lowey Scott (VA) There was no objection. Delahunt Luja´ n Serrano A motion to reconsider was laid on The SPEAKER pro tempore. The DeLauro Lungren, Daniel Sestak the table. Dent E. Shea-Porter question is on the amendment. Diaz-Balart, L. Lynch Sherman Stated for The amendment was agreed to. Diaz-Balart, M. Maffei Shimkus Mr. HELLER. Mr. Speaker, on rollcall No. The SPEAKER pro tempore. The Dicks Maloney Shuler 242, final passage of H.R. 1728, I was absent question is on the engrossment and Dingell Markey (CO) Simpson from the House at a family obligation. Had I third reading of the bill. Doggett Markey (MA) Sires Donnelly (IN) Marshall Skelton been present, I would have voted ‘‘yea.’’ The bill was ordered to be engrossed Doyle Massa Smith (NJ) Mr. BOYD. Mr. Speaker, due to personal and read a third time, and was read the Dreier Matheson Smith (WA) reasons, I was unable to attend a vote. Had third time. Driehaus Matsui Snyder The SPEAKER pro tempore. The Edwards (MD) McCarthy (NY) Souder I been present, my vote would have been question is on the passage of the bill. Edwards (TX) McCollum Space ‘‘yea’’ on rollcall 242 for final passage of H.R. Ehlers McCotter Speier 1728, Mortgage Reform and Anti-Predatory The question was taken; and the Ellison McDermott Spratt Speaker pro tempore announced that Ellsworth McGovern Stearns Lending Act. the ayes appeared to have it. Emerson McHugh Stupak Ms. SLAUGHTER. Mr. Speaker, I was un- Mr. FRANK of Massachusetts. Engel McIntyre Sutton avoidably detained and missed rollcall vote Eshoo McMahon Tanner Madam Speaker, on that I demand the Etheridge McNerney Tauscher 242. Had I been present, I would have voted yeas and nays. Farr Meek (FL) Taylor ‘‘aye’’ on rollcall No. 242.

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 7634 Sfmt 9920 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5371 THE HONORABLE LOIS CAPPS upon for additional steps taken in Ex- National Water Research Development PERSONAL EXPLANATION ecutive Order 13399 of April 25, 2006, and and Initiative Act, credit card legisla- Mrs. CAPPS, Mr. Speaker, I was not able to Executive Order 13460 of February 13, tion, hate crimes, budget conference be present for the following rollcall votes on 2008, is to continue in effect beyond report, Mortgage Reform and Anti- May 11, 2009. Predatory Lending Act, which we May 7, 2009 and would like the RECORD to reflect that I would have voted as follows: Roll- The actions of the Government of passed, and the Fight Fraud Act, which call No. 237: ‘‘yea’’; rollcall No. 238: ‘‘aye’’; Syria in supporting terrorism, pur- we passed yesterday, and we did the rollcall No. 240: ‘‘no’’; rollcall No. 241: ‘‘no’’; suing weapons of mass destruction and predatory lending. rollcall No. 242: ‘‘yea.’’ missile programs, and undermining In addition to the items that I al- U.S. and international efforts with re- ready mentioned for next week, we will f spect to the stabilization and recon- be keeping, obviously, in touch with AUTHORIZING THE CLERK TO struction of Iraq pose a continuing un- the Senate as to what they are passing. MAKE CORRECTIONS IN EN- usual and extraordinary threat to the We get a number of these items at con- GROSSMENT OF H.R. 1728, MORT- national security, foreign policy, and ference before we have a break on Me- GAGE REFORM AND ANTI-PRED- economy of the United States. For morial Day. We hope that will happen ATORY LENDING ACT these reasons, I have determined that as well. it is necessary to continue in effect the But we have a number of items that Mr. FRANK of Massachusetts. Mr. national emergency declared with re- will be pending. Speaker, I ask unanimous consent that spect to this threat and to maintain in I hope to be able to move the D.C. in the engrossment of H.R. 1728, the force the sanctions to address this na- vote bill, we are working on that, be- Clerk be authorized to correct section tional emergency. fore the Memorial Day break, and we numbers, punctuation, and cross-ref- BARACK OBAMA. will see what the committees are able erences, and to make such other tech- THE WHITE HOUSE, May 7, 2009. to report out in the coming week that nical and conforming changes as may f we can put on the floor the last week. be necessary to accurately reflect the Mr. CANTOR. I would ask the gen- actions of the House. LEGISLATIVE PROGRAM tleman to follow up on the prospect of The SPEAKER pro tempore (Mr. (Mr. CANTOR asked and was given a vote on the D.C. bill and ask whether GRIFFITH). Is there objection to the re- permission to address the House for 1 he could assure the Members on, frank- quest of the gentleman from Massachu- minute.) ly, both sides of the aisle who are con- setts? Mr. CANTOR. Mr. Speaker, I yield to cerned about the Second Amendment, There was no objection. the gentleman from Maryland, the ma- whether there will be the necessary f jority leader, for the purpose of an- protections for the Second Amendment nouncing next week’s schedule. rights in that measure. MESSAGE FROM THE SENATE Mr. HOYER. I thank the gentleman Mr. HOYER. I think all of us are con- A message from the Senate by Ms. for yielding. cerned about the Second Amendment. I Curtis, one of its clerks, announced On Monday, the House will meet in hope all of us are also concerned about that the Senate has passed a bill of the pro forma session at 2 p.m. On Tues- 600,000 citizens in the United States of following title in which the concur- day, the House will meet at 12:30 p.m. America who have a Representative in rence of the House is requested: for morning-hour debate and 2 p.m. for this House who can’t vote. Unfortu- S. 454. An act to improve the organization legislative business, with votes post- nately, too many people, in my view, and procedures of the Department of Defense poned until 6:30. On Wednesday and voted against that bill. for the acquisition of major weapon systems, Thursday, the House will meet at 10 So what we have now done is under- and for other purposes. a.m. for legislative business. On Fri- mine the home rule rights of the Dis- f day, the House will meet at 9 a.m. for trict of Columbia, as well as preventing legislative business. them from voting on this floor. I think b 1545 We will consider several bills under that is very unfortunate. CONTINUATION OF THE NATIONAL suspension of the rules. A complete list As the gentleman is well aware, there EMERGENCY WITH RESPECT TO of those bills will be provided by the are, obviously, significant differences THE ACTIONS OF THE GOVERN- end of business tomorrow. on the amendment that was offered in MENT OF SYRIA—MESSAGE In addition, we will consider H.R. the Senate. We are going to be consid- FROM THE PRESIDENT OF THE 2187, the 21st Century Green High-Per- ering how we can try to get this bill UNITED STATES (H. DOC. NO. 111– forming Public Schools Facilities Act; through. Because the reality is, neither 38) H.R. 2101, the Weapons Acquisition position might enjoy a majority in the Systems Reform Through Enhancing final analysis, either in the Senate or The SPEAKER pro tempore laid be- Technical Knowledge and Oversight perhaps here. fore the House the following message Act; and the fiscal 2009 war supple- So I am trying to figure out how we from the President of the United mental appropriations bill. can give 600,000 of our citizens—an States; which was read and, together Mr. CANTOR. I would ask the gen- awful lot of us get up on this floor and with the accompanying papers, referred tleman what days he would think that we talked about how important it is, in to the Committee on Foreign Affairs the measures he discussed would come the 1980s, behind the Iron Curtain, to and ordered to be printed: to the floor next week. get people free. We talk about, in Cuba, To the Congress of the United States: Mr. HOYER. I think that the 21st how it’s important to get people free. Section 202(d) of the National Emer- Century Green High-Performing Public We talk about how it’s important, in gencies Act, 50 U.S.C. 1622(d), provides Schools Facility Act will probably be some Middle East states, to give people for the automatic termination of a na- on the floor on Wednesday. The weap- a vote. tional emergency, unless, prior to the ons acquisition system and supple- But here, in the Nation’s capital, the anniversary date of its declaration, the mental, I would expect the supple- center of freedom and democracy, we President publishes in the Federal Reg- mental on Thursday or Friday, depend- do not have a representative. Unlike ister and transmits to the Congress a ing upon how our business proceeds. any other capital of any other demo- notice stating that the emergency is to Mr. CANTOR. Mr. Speaker, as the cratic nation in the world, their rep- continue in effect beyond the anniver- gentleman has discussed next week’s resentative cannot vote in this par- sary date. In accordance with this pro- schedule, I would like to ask the gen- liament. vision, I have sent to the Federal Reg- tleman if he could give the House and I think that’s a tragedy. I think it’s ister for publication the enclosed notice the public a sense of what to expect for a diminishment of our democracy. And stating that the national emergency the following week as well. I will tell the gentleman that I would with respect to the actions of the Gov- Mr. HOYER. Well, we have a number hope that this House would rise up as ernment of Syria declared in Executive of pieces of legislation. We have done a one voice saying this is not right, and Order 13338 of May 11, 2004, and relied lot over this work period. We did the we will pass the D.C. voting rights. We

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5372 CONGRESSIONAL RECORD — HOUSE May 7, 2009 can deal with other issues that are weeks, it was never intended to be on the President in his efforts in Afghani- very important, but it certainly seems the calendar over the next 2 weeks. The stan and Pakistan. to me that we ought to deal with that intention, as I have articulated all issue directly. along, and the chairman’s intention, b 1600 Unfortunately, as you know, when was to have a target of marking up the We are confronted with an extraor- Mr. DAVIS introduced that bill, a ma- bill in committee prior to the Memo- dinarily difficult situation, desta- jority of your party, an overwhelming rial Day break. So there was never any bilizing situation, dangerous situation, majority of your party, Mr. DAVIS intention that a bill would be on the and this supplemental obviously is di- being of your party, a leader in your floor prior to the Memorial Day break. rected at making sure that our troops party, did not support that bill. Secondly, I would tell the gentleman, have the resources they need to pursue There is no doubt that the amend- I don’t know that the chairman has the objectives that we and the Presi- ment that was added in the Senate made a decision on whether to mark it dent have given to them. We look for- complicates its consideration here, up in subcommittee or mark it up in ward to having that bill passed with bi- which is why it hasn’t come to the full committee. partisan support. floor a long time ago. But we are try- I do know that it’s going to be Mr. CANTOR. I thank the gentleman. ing to figure it out. marked up in committee and open to Mr. Speaker, I would say that, just to Mr. CANTOR. My question was not to an amendment in committee, open to reiterate my point, my sense is—and get into the substance of the D.C. bill, debate and open to a vote. Now, wheth- I’m not the one that counts votes on but just to make sure that those of us er it’s in subcommittee or full com- his side of the aisle, but as a former who are ardent supporters of the Sec- mittee, that determination, as I under- whip, I know he knows that there is ond Amendment rights would see that stand it, has not been made. But it will some difficulty, and it is my hunch actually the citizens of the District of be, certainly, marked up in committee that without the support of Repub- Columbia could enjoy those rights as and subject to full debate. licans that the American people well. Mr. CANTOR. Returning to next wouldn’t see the money flow to their Mr. Speaker, I would ask the gen- week’s agenda, Mr. Speaker, for a mo- troops. tleman about the omission of the cap- ment, he mentions that the war supple- But I’d like to at this time, Mr. and-trade bill in his discussion for the mental will be coming to the floor, and Speaker, if I could, yield to my col- schedule for the next several weeks. it provides us with a chance, I know he league from Illinois (Mr. KIRK). The reports have indicated that Chair- agrees, to accomplish one of the most Mr. KIRK. The majority leader is man WAXMAN has now committed to important things that we have to do correct: the committee just finished bringing that bill that has been de- here as a Member of Congress, which is consideration of this legislation and bated, at least, in subcommittee, for- to provide for the national defense of the Tiahrt amendment. During our de- ward, or at least beyond that sub- our country. bate, Congressman WOLF highlighted committee, to the full committee in- And as the gentleman knows, many reports that he had received from law stead of the discussion in the sub- of us, most of us, if not all Repub- enforcement that three terrorists from committee. licans, stand with this President in the East Turkmenistan Islamist move- It has given some of our Members support of his strategy in Afghanistan ment were scheduled to be released in some cause for alarm because, you and the general region, and Pakistan, McLean, Virginia, last Friday. But for know, this is a significant shift in pol- Iraq, and we stand with the President his objection, that might have hap- icy. Some of us are very opposed to in his support of our troops there. pened. what this bill would do and have the I know that there have been, Mr. And so it gave an urgency to the consequences in mind of what this bill Speaker, some agreements on the gen- Tiahrt amendment, since former Chair- would do. tleman’s side of the aisle as far as the man WOLF, now Ranking Member If we look, Mr. Speaker, at Members issues having to do with timetables, WOLF, had received this report from on our side of the aisle who are on that the issues of having to do with cutting local law enforcement in his district subcommittee who would like to have a off funding, of transfer of detainees and was concerned that things were say in the crafting of any legislation, from the Guantanamo Bay detention moving much quicker than otherwise especially in the area of energy, some- center facility. we would have thought. body like JOHN SHIMKUS who has a dis- So I assume, and maybe it’s an im- Mr. CANTOR. I thank the gentleman. trict that is very rich with coal, very, proper assumption, Mr. Speaker, and I Again, I would say to the majority very concerning to him in terms of the would ask the gentleman if he could leader, I think that that underscores economy and jobs. People like, on your comment, if he believes that he will the importance of a bipartisan effort side of the aisle, the gentleman from need the help and bipartisan support to here on this bill and, frankly, if he Louisiana, CHARLIE MELANCON on that pass this bill that we are interested on were to see coming forward a rule that subcommittee, very interested in in- this side in helping pass for our troops, would allow for us to have the disposi- dustry; BARON HILL of Indiana, who is it his intention that we will have an tion of these issues on the floor, I do also has big concerns on the coal issue; opportunity to address some of these believe the American people would be RICK BOUCHER, from my own State of concerns on the floor, specifically if he better served, and certainly our men Virginia. Southwest Virginia is abun- could tell us whether an amendment and women in uniform. dant with coal and natural resources. such as that proposed by Mr. TIAHRT With that, Mr. Speaker, I yield back It would devastate that region if such a from Kansas and the Appropriations the balance of my time. bill were to go forward. Committee banning any further appro- All of these Members, Mr. Speaker, priations being allowed in the area of f do have a desire, I am sure, to be a part transferring detainees from the Guan- ADJOURNMENT TO MONDAY, MAY of the debate. tanamo Bay facility? I would ask, is it the leader’s inten- Mr. HOYER. The markup was just 11, 2009 tion that this is a good move? He is the concluded. I have not reviewed the Mr. HOYER. Mr. Speaker, I ask leader. And his chairmen, one of them Tiahrt amendment, nor have I had dis- unanimous consent that when the has decided to move the bill beyond the cussions with the chairman regarding House adjourns today, it adjourn to subcommittee. Is that something he the rule and what amendments would meet at 2 p.m. on Monday next, and supports? be asked for or what amendments further, when the House adjourns on And then is it the intention, I would would be made in order. that day, it adjourn to meet at 12:30 ask of the leader, to bring the bill di- Very frankly, I will tell my friend, p.m. on Tuesday, May 12, 2009, for rectly to the floor once, I assume, it it’s not the majority that needs your morning-hour debate. passes the full committee? help in passing this bill; our troops The SPEAKER pro tempore. Is there Mr. HOYER. First of all, I want to need your help in passing this bill, our objection to the request of the gen- say to the gentleman, the reason it’s country needs your help. And I appre- tleman from Maryland? not on the calendar for the next 2 ciate your comments that you support There was no objection.

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5373 BUDGET OF THE UNITED STATES that end, the Budget includes billions that he was to arrive at, but was un- GOVERNMENT FOR FISCAL YEAR of dollars in savings from steps ranging able to make his delivery because he 2010—MESSAGE FROM THE PRESI- from ending subsidies for big oil and was too early. DENT OF THE UNITED STATES gas companies, to eliminating entitle- Jason Rivenburg was 35 years old, (H. DOC. NO. 111–3) ments to banks and lenders making leaving his wife Hope and son Josh behind. They had just moved into a new The SPEAKER pro tempore laid be- student loans. It provides an historic home. As if that stress was not enough, fore the House the following message down payment on health care reform, shortly after his death, Jason’s widow from the President of the United the key to our long-term fiscal future, delivered two healthy twins—a boy States; which was read and, together and was constructed without com- named Hezekiah, after his grandfather, with the accompanying papers, referred monly used budget gimmicks that, for instance, hide the true costs of war and and a girl named Logan. to the Committee on Appropriations Rivenburg’s death sparked outrage and ordered to be printed: natural disasters. Even with these costs on the books, the Budget will cut and an outpouring of support for the To the Congress of the United States: the deficit in half by the end of my family across our country. Truckers I have the honor to transmit to you first term, and we will bring non-de- and family members are demanding the Budget of the United States Govern- fense discretionary spending to its low- that the government do more to pro- ment for Fiscal Year 2010. est level as a share of GDP since 1962. tect truckers who risk their lives fol- In my February 26th budget over- Finally, in order to keep America lowing rules that require that they pull view, A New Era of Responsibility: Re- strong and secure, the Budget includes over and rest after a certain amount of newing America’s Promise, I provided a critical investments in rebuilding our driving time. broad outline of how our Nation came military, securing our homeland, and There are few resources telling truck to this moment of economic, financial, expanding our diplomatic efforts be- drivers, who are often unfamiliar with the local area, where a safe place to and fiscal crisis; and how my Adminis- cause we need to use all elements of rest might be. Moreover, there are few tration plans to move this economy our power to provide for our national safe places to rest in the first place. from recession to recovery and lay a security. We are not only proposing new foundation for long-term economic Mr. Speaker, we must do more to significant funding for our national se- support these incredibly important growth and prosperity. This Budget curity, but also being careful with fills out this picture by providing full men and women. That is why trade those investments by, for instance, re- groups such as the American Truckers programmatic details and proposing forming defense contracting so that we appropriations language and other re- Association, the Owner-Operator Inde- are using our defense dollars to their pendent Drivers Association, the Com- quired information for the Congress to maximum effect. put these plans fully into effect. mercial Vehicle Safety Alliance, and I have little doubt that there will be the American Moving and Storage As- Specifically, this Budget details the various interests—vocal and powerful— pillars of the stable and broad eco- sociation, and so many more, support who will oppose different aspects of H.R. 2156, Jason’s Law. nomic growth we seek: making long this Budget. Change is never easy. overdue investments and reforms in Moving freight and goods is essential However, I believe that after an era of to keeping this country and our econ- education so that every child can com- profound irresponsibility, Americans pete in the global economy, under- omy progressive. We must ensure that are ready to embrace the shared re- we move on H.R. 2156, Jason’s Law, and taking health care reform so that we sponsibilities we have to each other can control costs while boosting cov- support this measure by honoring a and to generations to come. They want great man. erage and quality, and investing in re- to put old arguments and the divisions f newable sources of energy so that we of the past behind us, put problem-solv- can reduce our dependence on foreign ing ahead of point-scoring, and recon- SUPPORTING THE GOALS AND oil and become the world leader in the struct an economy that is built on a IDEALS OF JEWISH AMERICAN new clean energy economy. solid new foundation. If we do that, HERITAGE MONTH Fiscal discipline is another critical America once again will teem with new (Ms. GIFFORDS asked and was given pillar in this economic foundation. My industry and commerce, hum with the permission to address the House for 1 Administration came into office facing energy of new discoveries and inven- minute.) a budget deficit of $1.3 trillion for this tions, and be a place where anyone Ms. GIFFORDS. I’m honored today to year alone, and the cost of confronting with a good idea and the will to work be here to celebrate May as National the recession and financial crisis has can live their dreams. Jewish American Heritage Month. A been high. While these are extraor- I am gratified and encouraged by the little history lesson: in 1654, 23 Jewish dinary times that have demanded ex- support I have received from the Con- refugees traveled from Brazil to traordinary responses, it is impossible gress thus far, and I look forward to present-day New York and founded the to put our Nation on a course for long- working with you in the weeks ahead first Jewish communal settlement in term growth without beginning to rein as we put these plans into practice and North America. It really wasn’t until in unsustainable deficits and debt. We make this vision of America a reality. 100 years earlier that the Spanish In- no longer can afford to tolerate invest- BARACK OBAMA. quisition descended upon the inhab- ments in programs that are outdated, THE WHITE HOUSE, May 7, 2009. itants of New Spain, where Jews de- duplicative, ineffective, or wasteful. f cided to flee to Arizona, New Mexico, That is why the Budget I am sending and Texas, and that really marked the to you includes a separate volume of JASON’S LAW beginning of a rich heritage of Jews in terminations, reductions, and savings (Mr. TONKO asked and was given the Southwest. that my Administration has identified permission to address the House for 1 The Jewish community in southern since we sent the budget overview to minute and to revise and extend his re- Arizona today is strong and vibrant you 10 weeks ago. In it, we identify marks.) and we have a tremendous amount of programs that do not accomplish the Mr. TONKO. As I have previously history. During Arizona’s territorial goals set for them, do not do so effi- stated on this House floor, tragically, years, Henry Lesinsky, a Jewish immi- ciently, or do a job already done by anon March 5, 2009, one of Schoharie grant from Europe, immigrated to other initiative. Overall, we have tar- County’s citizens from my district, southern Arizona and spearheaded the geted more than 100 programs that Jason Rivenburg, pulled his truck into copper mining business in southern Ar- should be ended or substantially an abandoned gas station frequently izona, and really, Bisbee of today is a changed, moves that will save nearly used by truckers in South Carolina as legacy of his. Another pioneer, Isadore $17 billion next year alone. a rest stop, and was then and there vio- Solomon, a Jewish banker, founded These efforts are just the next phase lently and senselessly shot and mur- Valley National Bank, which today is of a larger and longer effort needed to dered, robbed of a meager $7. known as BankOne. change how Washington does business At the time of his death, Jason was a This week we are also recognizing and put our fiscal house in order. To mere 12 miles from the destination the 61st anniversary of the State of

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5374 CONGRESSIONAL RECORD — HOUSE May 7, 2009 Israel. In my trips to Israel, I have had is America’s strength, ignorance and the song, ‘‘God Bless America.’’ Even a chance to witness the resiliency and intolerance about the culture, tradi- the very foundations of our country resolve of its citizens. tions, and accomplishments of the Jew- were impacted by Jews. Haym So I’m proud, Mr. Speaker, to join ish people are still prevalent. Jews Salomon, a Jewish man, was one of the with Jews of the Southwest to cele- make up only 2 percent of our Nation’s largest financiers of the American Rev- brate our heritage around the world, as population, and, therefore, most Amer- olution War. And Rabbi Joachim Prinz well as to recognize Israel’s 61st anni- icans have had few interactions with was a passionate civil rights activist, versary. Jews and our traditions. appearing on the podium just moments f I personally experienced this lack of before Dr. Martin Luther King deliv- knowledge when I was a student in the ered his ‘‘I Have a Dream’’ speech. And NATIONAL TEACHER DAY dorms at the University of Florida. the list goes on. (Mr. KLEIN of Florida asked and was While at school, a fellow student no- This year’s Jewish American Herit- given permission to address the House ticed my name and said, ‘‘Wow, you’re age Month has been packed with pro- for 1 minute and to revise and extend Jewish? I’ve seen pictures, but I’ve grams celebrating the contributions of his remarks.) never met a real one.’’ American Jewry to our countries with Mr. KLEIN of Florida. Today, I rise Now, this girl did not mean any movies, cultural exhibitions, speakers, in recognition of the National Edu- harm, but the limited understanding of and innovative educational curricula. cation Association’s National Teacher the Jewish people and our historical Right here in Washington, the United Day. Few professionals touch as many role in the Nation’s development leads Jewish Communities and the Jewish lives as teachers do. They provide us to ignorance, which contributes to Historical Society of Greater Wash- with the knowledge and skills we need stereotypes and prejudices. ington will be hosting a reception for to succeed in life, and their dedication According to the Federal Bureau of Members of Congress and members of deserves national recognition. Investigation’s most recent Hate the Jewish community. J Street will That is why I have introduced legis- Crimes Statistics report, 68.4 percent of also be hosting a reception to celebrate lation again this year calling for the criminal incidents motivated by reli- May as Jewish American Heritage establishment of an officially recog- gious bias stemmed from anti-Jewish Month with Members of Congress, their nized National Teacher Day. prejudice. Additionally, due to a lack staff, and the Jewish community. The education of our children is crit- of understanding, some Americans per- But that is not all. The Library of ical to the future success of our coun- ceive Judaism as only a religion, when, Congress and the National Archives try, and despite limited compensation in reality, Judaism is a religion, a rich and Records Administration will be and increasingly high expectation, our tradition, and a culture that dates hosting lectures, exhibits, and discus- teachers rise to the challenge each and back 4,000 years. Mr. Speaker, this is sions about Jewish contributions to every day. why communities across the country America. In my home State of Florida, Teachers are a critical component to have come together to celebrate Jewish there will be a celebration of Jewish increasing our global competitiveness American Heritage Month. contributions to the civil rights move- and once again establishing our coun- A few years ago, the Jewish commu- ment, and the major league Florida try as a world leader in science, math, nity in South Florida approached me Marlins baseball team will host a Jew- and other fields. with the idea to honor the contribu- ish Heritage game, with kosher food My mother was a public school teach- tions of American Jews with a des- and Jewish music in between innings. er, and I know the hard work that she ignated month each year. As the con- Cincinnati will be hosting lectures, input in to ensure that every one of her cept gained momentum, 250 of my col- cluding one on President Lincoln’s students was prepared to success in the leagues joined me as original cospon- solid relationship with American Jews. classroom and in life. sors of a resolution urging the Presi- And Wyoming will host a festival cele- To all the teachers of south Florida dent to issue a proclamation for this brating Jewish food, and we all know and across the country, thank you. month. Senator ARLEN SPECTER led the how much we love food! Events are also effort in the Senate, and together the f scheduled to occur in New York, Cali- House and Senate unanimously passed fornia, Texas, and other States around b 1615 a resolution supporting the creation of the country. SPECIAL ORDERS Jewish American Heritage Month. In Mr. Speaker, we have come a long May of 2006, we celebrated this impor- way in recent years to promote appre- The SPEAKER pro tempore. Under tant occasion for the first time and ciation for the multicultural fabric of the Speaker’s announced policy of Jan- have been celebrating each May since the United States of America. It is our uary 6, 2009, and under a previous order then. responsibility to continue this edu- of the House, the following Members Now, the month of May introduces cation. will be recognized for 5 minutes. Jewish culture to the entire country If we, as a Nation, are to prepare our f and dispels harmful prejudices. Like children for the challenges that lie Black History Month and Women’s His- JEWISH AMERICAN HERITAGE ahead, then teaching diversity is a fun- tory Month, Jewish American Heritage MONTH damental part of that promise. To- Month recognizes the abundance of gether, we can help achieve this goal of The SPEAKER pro tempore. Under a contributions American Jews have understanding with the celebration of previous order of the House, the gentle- made to the United States over the last Jewish American Heritage Month. woman from Florida (Ms. WASSERMAN 353 years. It is my hope that by pro- I thank my colleagues for their sup- SCHULTZ) is recognized for 5 minutes. viding the framework for the discus- port, and call on all Americans to ob- Ms. WASSERMAN SCHULTZ. Mr. sion of Jewish culture and contribu- serve this special month by celebrating Speaker, I rise to commemorate the tions to our Nation, we will be able to the many contributions of Jewish cul- fourth annual Jewish American Herit- reduce the ignorance that ultimately ture throughout our Nation’s history. age Month, which takes place in com- leads to anti-Semitism. munities across the country each May. One way Jewish American Heritage f Jewish American Heritage Month Month counters these prejudices is by promotes awareness of the contribu- providing educators the opportunity to RECOGNIZING THE SUDAN NETTES tions American Jews have made to the include American Jews in discussions GIRLS BASKETBALL 2009 STATE fabric of American life, from tech- of history, as well as highlighting the CHAMPIONSHIP nology and literature to entertain- leadership of members of the Jewish The SPEAKER pro tempore. Under a ment, politics, and medicine. community in significant historical previous order of the House, the gen- As we are all well aware, the founda- events. tleman from Texas (Mr. NEUGEBAUER) tion of our country is built upon the For example, it might surprise many is recognized for 5 minutes. strengths of our unique cultures and to learn that it was an American Jew, Mr. NEUGEBAUER. Mr. Speaker, I backgrounds. Yet, while our diversity Irving Berlin, who wrote the lyrics to am proud to rise today to congratulate

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5375 some champions in the 19th Congres- HONORING DEWEY SMITH developed underwater, to fishermen, sional District of Texas. I proudly con- The SPEAKER pro tempore. Under a whose livelihoods depend on under- gratulate the Sudan Nettes girls bas- previous order of the House, the gen- standing the effects of climate change ketball team of Sudan High School in tleman from Washington (Mr. BAIRD) is on the world’s marine ecosystems. Sudan, Texas, for winning the Class 1A, recognized for 5 minutes. Mr. Speaker, this Monday, quite Division I State championship in 2009. Mr. BAIRD. Mr. Speaker, I rise today rightfully, our Nation will gaze in won- The Nettes finished the 2008–2009 sea- to pay tribute to Dewey Smith, a der and admiration at the astronauts son with 35 wins and only five losses. young man who tragically lost his life who will lift off yet again in the space The championship squad includes sen- on Tuesday, May 5, this past Tuesday, shuttle. As courageous and important iors Whitney Robertson, Skylar in the course of his duties at the as the work those astronauts do, I be- Sowder, Amy Tiller, and Brittany Wil- Aquarius Undersea Research Station. lieve that the work done by the liams; juniors Lacee Logan and CeCe He will be greatly missed by his aquanauts at Aquarius is no less coura- Williams; sophomores Emylee friends, his family, and his colleagues. geous and no less essential to our un- Gonzales, Desiree King, Chelsea Locke, Dewey’s life was tied to the sea from derstanding of our world and the well- and Mariah Steinbock; and freshmen his childhood growing up on the Gulf being of civilization. Baylee Black and Danielle Logan. Led Coast in Panama City, Florida. As a Dewey Smith, along with the other by head coach Jason Cooper, the coach- young man, he served his country as a Aquarius aquanauts, risked and coming staff includes assistant coaches United States Navy hospital corpsman. mitted his life daily not only for his Lisa Logan and Mark Scisson. For 5 years, he cared for the health and love of the sea but for the cause of re- Following a frustrating loss in this well-being of his fellow sailors. After search, education, and conservation, last year’s State finals, the Nettes leaving the Navy and attending col- which benefits us all. demonstrated their hard work and de- lege, he found himself at home back in In a few short minutes on Tuesday termination during the off-season. In the water, training at Florida State afternoon, a dedicated aquanaut was this year’s final, their focus on team- University’s underwater crime scene suddenly lost in the course of an other- work paid off in a 71–38 victory over investigation program focusing on sci- wise standard mission. Let us not risk the Roscoe Plowgirls, the third largest entific and surface supply diving. Even- losing the work, however, that he was margin of victory in Class 1A history. tually, his path led him to NOAA’s Un- so passionate about. I stand today not With this win, Sudan earns its fourth dersea Research Center, Aquarius. only to mourn the death of a beloved State title and its first since 1994. Aquarius combined the elements of I applaud the Nettes’ hard work and friend, son, brother, and colleague, but Dewey’s passion for science and the to urge that this mission continue. tradition of success. With great sup- 1 port from the community, the team sea. Located 3 ⁄2 miles off the coast of Looking forward, I hope that Dewey’s proved itself as the best basketball Key Largo, Florida, the underwater life will continue to inspire the impor- team in Class 1A. The Sudan Nettes laboratory is dedicated to scientific re- tant work of preserving the world’s continue to exemplify the principles of search and training missions. It is the oceans. I offer my sincere condolence competitive spirit and success on and only permanent underwater laboratory to Dewey Smith’s family, to the entire off the court. in the world, and its facilities are used Aquarius team, and ask that this Also, Mr. Speaker, I proudly con- in partnership with NASA, the Navy, House honor him as a man who died gratulate the Muleshoe Mules high and countless scientists around the serving his country in pursuit of sci- school football team for defeating world to train astronauts, divers, and entific progress. Kirbyville on the way to winning the develop new technology. Since it began Mr. Speaker, I ask the House observe Class 2A, Division I State football operation in 1993 at its current loca- a moment of silence in honor of this championship in 2008. tion, Aquarius and its team have safely courageous government employee and Establishing a tradition of success, conducted more than 90 missions with researcher. the Mules have made their State play- no significant prior accidents. f offs 9 out of the last 10 years under The contribution to ocean science by Dewey Smith and his fellow aquanauts The SPEAKER pro tempore. Under a Head Coach David Woods. In 2008, the previous order of the House, the gen- Mules demonstrated their talent and is immeasurable. The Aquarius Reef tleman from Texas (Mr. POE) is recog- determination by ending the football Base supports a long-term coral reef monitoring platform, an ocean observa- nized for 5 minutes. season with a perfect 15–0 record. This (Mr. POE of Texas addressed the is the first State football championship tion platform, and surface-based research. House. His remarks will appear here- for Muleshoe. after in the Extensions of Remarks.) Quarterback Wes Wood passed for Since its inception, the team at 4,532 yards for this season, with 230 of Aquarius has employed a coral reef and f fish monitoring assessment program to those yards in this year’s champion- HONORING JOHN A. GARRETT ship game. track the devastating impacts of cli- In another exceptional championship mate change on marine ecosystems. The SPEAKER pro tempore. Under a performance, Lane Wood ran for 160 Aquanauts such as Dewey Smith previous order of the House, the gen- yards and two touchdowns. The Mules have also successfully reached out to tleman from Alabama (Mr. ADERHOLT) scored four consecutive touchdowns in the world beyond the scientific com- is recognized for 5 minutes. the second half to achieve a final score munity, successfully educating school Mr. ADERHOLT. Mr. Speaker, today of 48–26. children, environmental activists, and I rise to congratulate, pay tribute, and I applaud the Mules’ hard work and government agencies on the changes honor a great American on the occa- resilience through the 2008–2009 season. occurring in the world’s oceans. Em- sion of his 100th birthday. With great support from the commu- ploying state-of-the-art communica- John A. Garrett turns 100 years old nity, the team proved itself as the best tion technology, the aquanauts cor- this Sunday, May 10th. The Governor 2A football team in the State of Texas respond with students and the public of Alabama has declared this Sunday and an inspiration to all of us. The while underwater on long-term mis- John A. Garrett Day in the State, and Muleshoe Mules continue to exemplify sions. Dewey’s response to school chil- the mayor of Montgomery has done the the principles of competitive spirit and dren’s questions reveal not only his ex- same in our State’s capital city. success on and off the field. pertise and eloquence, but his sincere I want to join in sharing my best f desire to share that knowledge gained wishes with those loved ones and The SPEAKER pro tempore. Under a at Aquarius in the hopes of saving the friends who will be sharing in this, previous order of the House, the gentle- marine ecosystem he worked with. celebrating the milestone on Sunday in woman from California (Ms. WOOLSEY) The work done at Aquarius by brave Snowdoun, Alabama. is recognized for 5 minutes. aquanauts such as Dewey Smith im- John A. Garrett, born on May 10, (Ms. WOOLSEY addressed the House. proves the lives of many Americans, 1909, was the fourth from the oldest of Her remarks will appear hereafter in from astronauts, whose health and 10 children. He is the last surviving sib- the Extensions of Remarks.) safety are ensured through technology ling in his family.

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5376 CONGRESSIONAL RECORD — HOUSE May 7, 2009 John A, as he is affectionately called Women in the world’s least developed When we reform health care, we by his friends, attended Auburn Uni- countries are 300 times more likely to should follow key principles. First, re- versity, which was then called the Ala- die in childbirth or from pregnancy-reforms should defend your relationship bama Polytech Institute. He graduated lated complications than women in the with your doctor. Insurance companies with a degree in civil engineering in developed world. And this is a tragedy already interfere with much of our 1936. There, he met the love of his life, that is compounded by the fact that care, and a government HMO would do Ms. Katherine Stowers, whom he mar- these maternal deaths are preventable. worse. Second, reforms should reward ried that same year. They have two When a woman dies after giving birth, the development of better treatments daughters, Mary John, and Kitty Wal- the mortality rate for the now mother- and cures. Americans support treating ter. less newborns can be as high as 90 per- diseases like diabetes, but they are pas- b 1630 cent in poor countries. sionate about a cure. And finally, re- Fortunately, there are known inter- forms should be sustainable because so John A. is one of those type individ- ventions, proven interventions that many senior citizens depend on them. uals that when you meet him, you can be implemented to reduce mater- The worst thing we could do is enact a can’t help but like him. He has re- nal mortality. However, we need to in- program that we cannot afford. ceived numerous awards and acclama- vest more in the programs to fund In considering health care reforms, tions throughout his career. John A. these interventions. By one estimate, Americans look to Canada and Britain was quite a multitasker during his ca- the U.S. would need to increase its in- as models. Canadians have a different reer, which spanned many decades, in vestment in global maternal health ef- view. While over 60 percent of Ameri- various lines of work, whether it was forts up to $1.3 billion a year in order cans are actually satisfied with their during the Second World War as he to help achieve the Millennium Devel- health care plan, only 55 percent of Ca- served in the Corps of Civil Engineers opment Goal of reducing global mater- nadians are happy. Over 90 percent of or as the State director of the Farmers Americans facing breast cancer are Home Administration, where he served nal mortality by three-quarters by treated in less than 3 weeks, while only both during President Nixon’s and 2015. And out of eight Millennium De- 70 percent of Canadians get such quick President Ford’s administrations. velopment Goals—eight—the goal to John A. was also a gentleman farmer reduce maternal deaths has had the treatment. Meanwhile, thousands of and served at the Alabama Farm Bu- least progress being made on it. Canadians seek treatment in U.S. hos- reau. He also did work in construction. Additional funds would help increase pitals. The average Briton waits even And at the age of 76, he founded the access to prenatal care, neonatal care longer, 62 days. Britain has fewer Alabama Rural Water Administration, and postpartum periods. It would pro- oncologists than any other Western which he served for 17 years. But of all vide up to 4 million health profes- European country. It is no wonder Brit- the things John A. is known for, prob- sionals who are needed in developing ain ranks 17 out of 17 industrialized ably his great storytelling ranks countries. Six of the seven countries countries in surviving lung cancer. among the top. with the highest levels of maternal The most dramatic differences come So, Mr. Speaker, on this momentous mortality have less than one doctor for in the field of cancer, where Britain’s occasion of reaching a century mark, every 10,000 people. The severe shortage most respected medical journal, The which very few people get the oppor- of health care workers and the poor Lancet, published results on a review tunity to celebrate, I wish this great quality of care must be addressed to of European and American survival American all the best, many more achieve reductions in maternal mor- rates. In short, The Lancet reported, years to come, and happiness and God’s tality. American men have a 66 percent blessing to him and his family. This week, President Obama unveiled chance of surviving cancer, European f a new global health initiative that will men 47 percent, American women 63 call for increased U.S. investment in percent, European women 56. In short, MOTHER’S DAY 2009 global health programs. And I am you are more likely to live if you are The SPEAKER pro tempore. Under a thrilled that one of the identified goals treated in America. previous order of the House, the gentle- for this new initiative is to reduce the Newborns, most at risk, need the woman from Wisconsin (Ms. MOORE) is mortality of mothers and children care of a neonatal specialist. In the recognized for 5 minutes. under 5 to save millions of lives. As a United States, we have six neona- Ms. MOORE of Wisconsin. Mr. Speak- mother, I know that being a mother is tologists per 10,000 live births. In Can- er, I rise today to mark the upcoming one of the greatest joys and blessings ada, they have fewer than four, in Brit- celebration of Mother’s Day this week- ever enjoyed on this planet. ain fewer than three. In this country, end, Sunday, May 10. Mother’s Day is a Again, I wish all of you, all my col- we have more than three neonatal in- joyous occasion. And one of the reasons leagues and their constituents, a happy tensive care beds per 10,000, just 2.6 in that Mother’s Day is just such a cele- Mother’s Day. And I would hope that Canada, less than one in Britain. It is bration is that we all recognize the im- we would spend a moment thinking no wonder babies in Britain are 17 per- portant role that mothers play not about all the mothers-to-be, a half-mil- cent more likely to die compared to only in the lives of their biological lion women a year in the world, who just 13 percent a decade ago. children, but in the life of the entire never, ever, ever enjoy motherhood be- The starkest difference appears when community. It has been astutely ob- cause they die in pregnancy needlessly. you are sickest. In Britain, government served that the hand that rocks the f hospitals maintain nine intensive care cradle rules the world. beds per 100,000 people. In America, we However, for too many women in our HEALTH CARE REFORM have three times that number, at 31 per world, the journey to motherhood, The SPEAKER pro tempore. Under a 100,000. In sum, Britain has less than pregnancy and childbirth is a death previous order of the House, the gen- two doctors per 1,000 people, ranking it sentence rather than a reason for cele- tleman from Illinois (Mr. KIRK) is rec- next to Mexico, South Korea and Tur- bration. For every woman who dies, an- ognized for 5 minutes. key. other 20 survive but must suffer from Mr. KIRK. Mr. Speaker, over the last Stories of poor care under govern- the illnesses or injuries incurred during weeks, I have spent hundreds of hours ment-only systems are common in pregnancy or childbirth. Maternal mor- helping craft a moderate, centrist bill Britain. Last February, the Daily Mail tality is the highest health inequity on on health care. reported on the case of Ms. Dorothy the planet Earth, with more than 99 Our country should work on lowering Simpson, age 61, who had an irregular percent of deaths in pregnancy and the costs of health insurance. And heartbeat. Officials of the National childbirth occurring in the developing while a nationalized government HMO Health Service denied her care, telling world. And we don’t really have to look could prompt tax increases, inflation her that she was ‘‘too old.’’ that far to find those inequities right and a decline in quality, we could in- The Guardian reports in June that here in our own hemisphere. Haiti has stead enact policies that lower the one in eight NHS hospital patients the highest maternal mortality rate in costs of health insurance for Ameri- have waited more than 1 year for treat- the Western Hemisphere. cans. ment. In Congress, we have proposals

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5377 to create a new option for Americans sive . . . and therefore covering more Ameri- standard on utilities, which is another to sign on to a government health care cans without burdenings our treasury with new aspect that they are going to have to plan. Proponents claim that this will borrowing needed from China or any other make major capital investments. So we offer a choice between their current country. have three times a burden on utilities, health insurance and the government f which they will pass on to the consumer. plan. That is what proponents say. The SPEAKER pro tempore. Under a What they do not say is that under previous order of the House, the gen- b 1645 many of the major pieces of legislation tleman from North Carolina (Mr. Now, the concern many of us have, if under consideration, the government JONES) is recognized for 5 minutes. we want to maintain our jobs and we health care plan is funded by ending (Mr. JONES addressed the House. His want to maintain our competitive force the tax break employers receive for remarks will appear hereafter in the in the world economy, we have to have providing health care insurance. This Extensions of Remarks.) low-cost power. The other thing that is tax break supports health insurance f really hard to understand is why would plans for most families, 165 million we unilaterally raise the cost to Americans. Do they know that the leg- GLOBAL WARMING produce goods and services when the islation being considered will trigger a The SPEAKER pro tempore. Under a major emitters of the world today will tax decision by their employer to can- previous order of the House, the gen- not be forced to comply. cel health insurance for their family, tleman from Illinois (Mr. SHIMKUS) is Here is a chart of the important leaving them actually no choice but an recognized for 5 minutes. transmissions and emitting countries. untested, brand new, government-only Mr. SHIMKUS. Mr. Speaker, it is It would surprise a lot of people to no- HMO attempting to care for their fam- great to have this opportunity to come tice here at the bottom is the United ily? States. We have had very little growth The new legislation also depends on down to the floor once again to get the floor and the country ready for the de- in emissions. Where has all of the funding from a climate change bill that growth come: Africa, the Middle East, bate on global warming. And I just press reports indicate a number of ma- Latin America, Southeast Asia, India, want to put a couple of things in per- jority Members will not support. With- China, Korea, Eastern Europe. This is spective. What the whole global warm- out funding from a climate change bill, the increase in the emissions. there is little revenue except borrowing ing bill intends to do is to monetize, So as we come to this debate if we or printing more money to support new which means put a cost, for carbon just want to be straightforward, we are government health care. emissions. Now everyone knows that going to say if we are going to enforce Seniors and low-income Americans when you add a cost, it will be passed all this pain on the U.S. economy at a depend on the promises we make. The on, so hence the debate that we have time when this economy really can’t worst thing we can do is make commit- been dealing with in the committee accept the pain because of the job ments that are too expensive and pull over the last couple weeks about rais- losses, shouldn’t we have some gain? the rug out from those who can least ing energy costs. And it has mostly The reality is we could stop our carbon afford to cope. We should back reforms been on the premise of monetizing car- emissions today and put it to zero. And that the government can afford to bon, either by putting on a carbon tax, what will happen to worldwide carbon keep. And we will be putting forward or monetizing carbon through what is emissions? They will go up. We could new legislation on that in the coming called a cap-and-trade regime where go to zero. They would go up. That is days. you have marketeers purchase carbon no way to address a problem. There are a number of steps that Congress credits. That is only one aspect of the We have declining carbon emissions should take to bring down the cost of medi- rise of energy costs, because we do in our economy today, and the reason cine. know that the producers will pass that why we have it is because of the reces- First, we should expand the number of on to the end users. And who are the sion we are facing. So job loss, manu- Americans with access to employer-provided end users? That is us. That is indi- facturing loss creates lower emissions health care. One of the best ways to do this vidual consumers, that is manufac- which is what my friends on the other is by allowing small businesses to band to- turing, that is the service sector and side of the aisle would like to see. We gether to form larger pools of insurable em- that is the government. It will be are going to fight to defeat it. ployees. passed back on to us in higher costs for f Second, the Congress should expand ac- us. The SPEAKER pro tempore. Under a cess to care for millions of self-employed There are other additional costs in- previous order of the House, the gen- Americans without insurance. A refundable tax volved in this whole program, in this tleman from Indiana (Mr. BURTON) is credit for individuals equal in value to the whole plan. And the other aspect of recognized for 5 minutes. same tax breaks large employers get would costs is the energy it will take for util- (Mr. BURTON of Indiana addressed help them to buy insurance. ities to capture carbon dioxide. At a the House. His remarks will appear Third, as jobs become more portable, so power plant that is being built that I hereafter in the Extensions of Re- should health insurance. We should protect just visited, 40 percent of the elec- marks.) Americans who lose their jobs and families ex- tricity that it was going to sell on the f cluded from coverage by pre-existing condi- open market would now go internally The SPEAKER pro tempore. Under a tions. Congress can remove the current 18- to try to capture the carbon. So if they previous order of the House, the gen- month time limit on COBRA continuing cov- were going to sell 1600 megawatts of tleman from Oregon (Mr. DEFAZIO) is erage, giving family members the option of al- power, now they are only going to be recognized for 5 minutes. ways sticking with the insurance plan they cur- able to sell about 950 megawatts of (Mr. DEFAZIO addressed the House. rently have. power because they are going to have His remarks will appear hereafter in Fourth, we must pass common-sense meas- to internally use that. the Extensions of Remarks.) ures to bring down health care costs. The VA Now if they have done the invest- f already uses fully electronic medical records ment, doing a cost-benefit analysis and The SPEAKER pro tempore. Under a to care for 20 million patients while saving return on that, not only will they have previous order of the House, the gen- lives and cutting wasteful spending. We also less power to sell on the market if the tleman from North Carolina (Mr. need lawsuit reform. We need federal lawsuit demand is the same, the supply is less MCHENRY) is recognized for 5 minutes. reforms to lower malpractice insurance pre- and the cost will go up. But they will (Mr. MCHENRY addressed the House. miums and retain doctors in high-risk profes- also have to have a second cost in- His remarks will appear hereafter in sions. crease, which will be buying the carbon the Extensions of Remarks.) In sum, I working with Congressman credits. Now those are two areas by f CHARLES DENT, my co-chair of the Moderate which electricity costs will increase. The SPEAKER pro tempore. Under a Tuesday Group of 32 moderates on a health Well there is another area where previous order of the House, the gentle- care bill. We will have a detailed plan by the electricity costs will increase because woman from Ohio (Ms. KAPTUR) is rec- May recess that makes, insurance less expen- we are going to push an efficiency ognized for 5 minutes.

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5378 CONGRESSIONAL RECORD — HOUSE May 7, 2009 (Ms. KAPTUR addressed the House. Parents were forced to take off work to Let me tell you what happens. The Her remarks will appear hereafter in take care of their children because of reality is when people don’t have paid the Extensions of Remarks.) the quarantine conditions that were or- sick time, they cheat. They lie. When f dered by health departments. Not only they are really sick, they don’t come The SPEAKER pro tempore. Under a did they do it because they were re- to work anyway. And worse, they ne- previous order of the House, the gentle- sponding to a potential health crisis, glect basic health care needs. They woman from Maine (Ms. PINGREE) is but families living on a budget now don’t get their kids vaccinated. They recognized for 5 minutes. have to deal with the decreased wages don’t take care of their teeth. They (Ms. PINGREE of Maine addressed they are experiencing. don’t catch diseases and get basic the House. Her remarks will appear And, of course, when children become health care like mammograms. They hereafter in the Extensions of Re- ill, parents can’t afford to miss work so don’t get them and catch these diseases marks.) they go to work anyway and infect early when they don’t have built-in other people at work. They send their sick days. There is no employer on this f kids to day-care and infect other chil- planet that would wittingly deny some- The SPEAKER pro tempore. Under a dren. And, of course, employers suffer, one basic health care knowing that an previous order of the House, the gen- many of them who are small businesses early detection of cancer would have tleman from California (Mr. SCHIFF) is because they find that there is a loss of saved their lives but for the fact that recognized for 5 minutes. productivity. they didn’t have paid sick days. (Mr. SCHIFF addressed the House. One of the greatest losses of produc- Mr. ELLISON. I quite agree with the His remarks will appear hereafter in tivity for an employer are employees gentlelady from Wisconsin who pointed the Extensions of Remarks.) who are sick. And they become sick be- out that the Healthy Families Act is a f cause other workers are unwilling to great piece of legislation, something PROGRESSIVE CAUCUS lose a day’s pay because of a little cold that is progressive, something that that turns out to be either the swine makes sense for America, much like The SPEAKER pro tempore. Under flu or maybe even worse, the regular legislation of the past which supported the Speaker’s announced policy of Jan- flu that is quite deadly and quite con- workers’ rights. What this piece of leg- uary 6, 2009, the gentleman from Min- tagious. islation would do for Americans, it nesota (Mr. ELLISON) is recognized for This drives up medical costs, and God would allow Americans to recover from 60 minutes as the designee of the ma- forbid that a spouse or a child falls short-term illness, it would allow jority leader. gravely ill or is seriously injured be- Americans to care for a sick family Mr. ELLISON. Thank you, Mr. cause that worker then has no choice member, it would allow Americans to Speaker. but to immediately seek medical help seek routine medical care, or to seek I am here to tonight to claim the and take the loved ones to a doctor or assistance related to domestic vio- time on behalf of the Progressive Cau- hospital, and more absenteeism occurs lence. cus. The Progressive Caucus come to and they maybe end up losing their Some people might think, ‘‘Oh, my the floor every week to talk about a jobs because small businesses cannot God, that’s going to cost us a lot of progressive vision for America, to dis- really afford to have their businesses money.’’ If people are that sick or in cuss what America is and could be, to shuttered while people are ill. serious dire straits, they’re taking the embrace the idea that everyone does In my district, 51 percent of the Afri- time off anyway. You’re not planning better when everyone does better, to can American male population is job- for it, it’s not in the schedule and embrace the idea that we should look less, and it is the largest racial dis- there’s no accommodation. If somebody at the world with courage, not with parity in unemployment and poverty in can come in and say, look, straight up, fear, that we believe in dialogue, we be- the country. Forty-three percent of the I’ve got to take the day off because I’m lieve in discussion. We believe in peo- city’s workers earn less than $20,000 a sick and I have 7 days I can take, then ple doing well, and we believe in rad- year, and many are among the 122,230 what happens is you have greater pro- ical abundance, not fear of scarcity, a Milwaukeeans, which make up 47 per- ductivity because workers are taking progressive vision; yes, even a liberal cent of the private workforce, who do the time off they need to get well; vision of an America which is doing not have sick days. workers are taking their kids to get well because everybody is working. We Last year in my district, the city of the immunizations they need; workers are promoting broad-based economic Milwaukee approved a binding ref- are now actually engaging in preven- policies that allow for a higher quality erendum on the 2008 ballot that called tive health care which means that they of life for all Americans. for private employers in the city to are not going to have to take extended Yes, the Progressive Caucus comes to provide paid sick leave for all workers, periods of time off and thereby cut pro- the floor every week to talk to the and this was due in part to the diligent ductivity. American people and with our col- effort of the unions and the community By expending the money that it leagues about these critical issues. groups led by the National Association would take to provide the 7 sick days Tonight we have a great topic, but of Working Women, 9 to 5. And so now, that are called for under the Healthy before I announce tonight’s topic, I Milwaukee, Wisconsin, is one of only Families Act, businesses would save just want to say we are very, very three cities in the country to require money. Businesses would be better off happy and pleased to be joined by a dy- private employers to provide paid sick because we would have greater produc- namic advocate for the cause of human days. tivity and a healthier workforce over justice, none other than Congress- It is smart economically because the time. It’s what my mother would call woman GWEN MOORE of the great State lack of paid sick days is hurting Mil- being penny wise and pound foolish to of Wisconsin. waukee’s economic development. deny this legislation. But it would also Ms. MOORE of Wisconsin. Thank Mr. ELLISON. Congresswoman be what my mother would call an you, Mr. ELLISON. MOORE, is that why it might be a good ounce of prevention is worth a pound of I would start out by acknowledging idea to support the Healthy Families cure if we were to have a great piece of all of the tremendous work that the 9 Act, which is H.R. 1542, which is crit- legislation like the Healthy Families to 5 Organization, founded in Mil- ical to guarantee workers up to 7 paid Act. waukee, Wisconsin, has done around sick days a year? As you pointed out, as fear of the the issue of the importance of pro- I yield to the gentlelady. missed and inaccurately called swine viding sick pay to workers. Ms. MOORE of Wisconsin. Thank you flu is going around, and it should be People may not realize it, but work- for yielding. called the H1N1 virus—not as catchy ers nationwide have no sick pay. That This is a very important piece of leg- but it’s more accurate—the fact is that is particularly relevant right now when islation offered by the gentlewoman such legislation at this time, so people you consider the beginning of this glob- from Connecticut (Ms. DELAURO). I am could get the flu shots and checkups al pandemic, the swine flu. We had so proud to be an original cosponsor. that they need, in times like this school closings all across the country. This makes so much sense. would be a great idea.

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5379 As you pointed out in your original 5- hour, and you know that if you don’t are not a sucker or you are not a per- minute, it would help moms out, work, you don’t get no money, you son who is gullible if you believe that wouldn’t it? don’t get paid. What, then, do you do if it is a good idea to look out for your Ms. MOORE of Wisconsin. Abso- you do not have a bill like the Healthy fellow Americans. You are a person lutely. There is also a class issue here. Families Act? I think it is important who may be a very savvy business per- Seventy-nine percent of low-income that we get such legislation. son because you know that by sup- workers, nearly half of our private sec- I yield back to the gentlelady. porting the Healthy Families Act, it tor workers, have no paid work sick Ms. MOORE of Wisconsin. Well, you may cost you a little bit to give paid leave. I think it is something that we know, gentleman from Minnesota— sick leave days for some of your low- take for granted as we move up the hi- thank you for yielding—it’s human na- and medium-income workers, but it erarchy that we can go to the dentist ture: people make economic decisions will allow you to keep that dry clean- or we can have good prenatal care and they prioritize, unfortunately, ers going over the long term; it will when we expand our families. those economic decisions over health allow you to keep your small business A University of Chicago survey in decisions. moving, your store, whatever it is that 2008 found that one in six workers were I think people feel lucky, that maybe you may be doing, your lawn care busi- fired for taking personal time off for they won’t spread disease, that maybe ness. You may be able to stay out there illness for themselves or a sick rel- if they give their kid a couple of aspi- because you know you have workers ative. That is absolutely egregious. rin they will feel better and they can who can take the day off and go get Like you said, it is penny wise and just send them on to school anyway, that checkup, who can take the day off pound foolish. Say you own a small because the consequences of taking off and look after that child so that when business, a small dry cleaners and work are very imminent, that they they are at work, you have an alert, someone has the flu and they come to won’t be able to make this month’s healthy worker. It makes so much work and infect everyone, then you rent. Remember, I said 79 percent of sense. have to shutter the business because those folks who have no paid sick time And as we began this health care de- you can’t run a business like that your- are low-wage workers, they can’t risk bate, I noticed that one of our col- self, instead of allowing that person to losing that money, that $80 that day, leagues was doing a 5-minute speech, stay home during that infectious pe- that $65 that day, they can’t afford to talking about how he is against a pub- riod of time. You are absolutely cor- do it. They don’t have a relative or a lic plan. Well, I want to tell everybody, rect. neighbor or a friend who can stay home and I think it’s important to note that Mr. ELLISON. I do thank the gentle- with their children while they are sick when you talk about comprehensive lady for nailing this point. It is so im- so they can go to work. And so they health care reform, part of it has got to portant. It is part of the progressive vi- just roll the dice, they roll the dice. be giving low-income and medium- and sion that we would have an important And again, that lump that just didn’t moderate- workers paid sick days. piece of legislation that would really feel quite right in their breast, you Let’s face it, if you are an executive, if help Americans like the Healthy Fami- know, they ignore it. you are at the top of the food chain lies Act. At a time when we are con- And it shows up in so many other economically and you are sick, you can cerned about illness and sickness, this data in statistics. You find poor people take a day off. But what if you are a kind of bill would be embraced by a who succumb to illnesses and die of dis- line worker, what if you are at the progressive vision. A bill that says, eases that could be cured, not because front desk, what if you are a low-wage hey, look, you guys, let’s give 7 paid they are more susceptible to diseases, worker, what if you are a minimum- sick days to workers. This is not un- but because they don’t catch them wage worker? That’s when you don’t usual when you compare it to what early enough. And of course that raises see many of the bennies going around. workers get in Europe, for example. the cost of health care. Or you could take a day off, but you’re We heard our colleagues talking b 1700 not getting paid for it. And in that about the high cost of health care ear- case, you are forcing the worker into a It actually makes a lot of sense. You lier. Well, of course health care costs terrible choice: lack of income or would have healthy workers, more pro- more once your kidneys fail and you health. Which do you want to pick ductive workers, and as you pointed end up on dialysis because you didn’t today? And that is something that peo- out, the gentlelady from Wisconsin, have a simple high blood pressure pill ple are too close to the edge to make a Congresswoman MOORE, we would have that could have been diagnosed earlier. decision on. people who go to the doctor rather Of course it costs more when you don’t I yield back to the gentlelady. than come in while they’re sick. catch cancer at its earlier stages. Of Ms. MOORE of Wisconsin. All right. Let me just point out a few other im- course it costs more when diseases are Thank you for yielding, gentleman. portant facts; you already hit a num- allowed to fester to a point that you ber of them already. But according to wind up in a very expensive ambulance Senator EDWARD KENNEDY and ROSA that University of Chicago study that and an emergency room instead of a DELAURO have worked collaboratively you referred to, one in six workers re- sensible doctor’s visit. on this bill, and they have actually cal- port that they or a family member We have had children in this country culated, through their studies, the cost have been fired, suspended, punished, who have died from what started out to of what they call ‘‘presentee-ism’’—I or threatened with being fired for tak- be an abscessed tooth, something that guess that’s the opposite of absentee- ing time off because of personal illness could have been prevented with regular ism—at work. or to take care of a sick relative. The visits to the dentist. We have so much Mr. ELLISON. Will the gentlelady lack of paid sick days is a major public proof that when you increase copay- yield? health concern. ments, when there are any economic Ms. MOORE of Wisconsin. I will As we try to prevent the spread of consequences of seeking health care— yield. the H1N1 virus, the Centers for Disease and not having paid sick days is an Mr. ELLISON. What is presentee- Control and Prevention, the CDC, has economic consequence—when there are ism? Is it anything like absenteeism? I issued important guidelines that are economic consequences, people delay yield back. sound and prudent: if you get sick, stay health care until it becomes a fire. Ms. MOORE of Wisconsin. Presentee- home; if you get sick, don’t go to work Mr. ELLISON. If the gentlelady ism is the opposite of absenteeism: or school; limit contact with other peo- would yield. when you show up to work sick, know- ple. But how can you do this, I ask the Ms. MOORE of Wisconsin. I will ing you’re sick—because of your own gentlelady from the great State of Wis- yield. self-interests of not losing a day’s consin, if it is going to cost you eco- Mr. ELLISON. Well, I think what you pay—infecting everyone at work. This nomically, if you are already close to are saying is so very important. It is costs our national economy $180 billion the edge economically, if that job that part of a progressive vision for Amer- annually. Showing up sick costs $180 you’re on says that you don’t have ica. It is part of the idea that, hey, we billion annually. And so for employers, health insurance? You are paid by the all do better when we all do better. You this cost averages $255 per employee

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5380 CONGRESSIONAL RECORD — HOUSE May 7, 2009 per year and exceeds the cost of absen- ‘‘I am not so naive to believe that showing up at work and just staring at teeism and medical and disability ben- this is a reality of every workplace. I the wall. I was not well because of the efits. am very much aware of the fact that extreme grief I was experiencing, and I I yield back. many people face struggles similar to was at work. And my bosses told me to Mr. ELLISON. Well, thank you for mine on a daily basis. It is time to get up and go home, please. And so that important statistic because we guarantee workers paid time to care when I came back, I was much more fo- have got to count up the bill. for themselves so they are able to get cused on my job. You know, that loss The real difficulty in a bill like the their work done efficiently at no risk of productivity is not good. Healthy Families Act is that we know to themselves or their coworkers.’’ The other thing is that we are human that some people who are just looking Or what about the situation that beings. And employers experience a lot to the next quarter, the next minute, Cindy is in. Cindy from Minnesota: ‘‘I of turnover because they don’t have the next moment, and if they are going work a part-time job for a university employee loyalty because they don’t to have to spend a little bit of money as a researcher. In my category, sick have a basic sense of empathy in hu- in the short term, they are going to leave is all discretionary and flexible; manity. There is no way in the world say, well, that is going to cost money. however, no paid vacation days accrue that I would want to work for an em- Well, you know what? Not doing it is ever for me. The only way I feel legit in ployer who couldn’t empathize with my going to cost way, way, way more scheduling a week’s vacation is if I am grief over having lost my mother and money. never sick and make up those hours pre wouldn’t give me a day or two to pull So the Healthy Families Act is a part and post.’’ That’s from Cindy. myself together. So productivity is of a progressive vision. It is just like I offer these stories because I think it what is lost when we don’t provide sick the Wagner Act, which guaranteed is important to point out that the days. workers the right to organize, just like Healthy Families Act is going to help I yield back to the gentleman from Social Security, just like Workers’ Americans all over the United States. Minnesota. Compensation, just like a number of Real people are suffering because of a Mr. ELLISON. I thank the gentlelady important programs and pieces of leg- lack of paid sick days. This is in keep- for yielding. islation passed in America that may ing with the protection for workers’ Let me tell you about Leslie from have been considered liberal—or even right to organize, Social Security, Minnesota. Leslie says: ‘‘I used to wait radical at one time—but Americans workers’ compensation. This is right in tables full time. And there are rare oc- have come to rely on and expect from line with every important and progres- casions where you can get paid sick our government. It is part of what we sive step Americans have made in order days, like when I worked for a large do as Americans together: we share. We to improve the quality of life for your chain hotel. However, most people allow in the marketplace that you can do your own thing, you are free to average Americans. This is like the don’t realize that you will be paid your come up with your idea and make your minimum wage; this is like workers’ hourly minimum wage, but not any money, but certain things we do to- rights; this is like civil rights; this is compensation for lost tips, which is the gether. We defend the Nation together. like women’s rights. This is what we vast majority of your money earned as We defend our streets with the police should do at this time. It is part of a a wait person. In fact, most servers together. We provide justice through progressive vision that we are going to barely seek a paycheck; it is eaten up our courts together. We make sure our work to make a reality for Americans. with taxes taken for declared tips—yes, elderly are not eating dog food through I yield back to the gentlelady. you are required to declare tips. It is a Social Security. We do this together. Ms. MOORE of Wisconsin. Thank you myth that you can conceal this infor- We make sure that people whose par- for yielding. mation. Those are very compelling stories, ents die have survivor benefits through ‘‘So even if you do get paid sick leave and I have some here, too. But before I Social Security. We build infrastruc- or paid vacation—which is unlikely—it ture together. And this is another talk about individuals’ testimonies is not in your interest to use it. Serv- thing we should do together. We should from Wisconsin, I just want to make a ers basically cannot get paid unless come together and say that 7 days of point that this legislation recognizes they are physically at work. And res- paid sick leave a year is a very modest the importance of not hamstringing taurants are such hectic places that if request, particularly for low- and mod- small businesses. All businesses with you are short staff, the quality of serv- erate-income workers. And it pays tre- under 15 employees would be exempt. ice suffers everywhere. Customers in mendous dividends down the line. So perhaps my example of the dry restaurants are notoriously unsympa- If the gentlelady would allow me, I cleaners wasn’t appropriate, but cer- thetic to details like this.’’ tainly when you have under 15 employ- just want to share a couple of stories b 1715 from my own State of Minnesota. ees, those employers are exempt from Chrissy from Minnesota. Chrissy providing the 7 days of sick leave. Just another quick one, Kari from says, ‘‘I am currently a stay-at-home Mr. ELLISON. Will the gentlelady Minnesota: ‘‘My kids are ages 2 and 3, mom’’—happy Mother’s Day, Chrissy— yield for just a moment? and the child care center doesn’t take ‘‘however, prior to that I worked as a Ms. MOORE of Wisconsin. Yes. them when they’re sick. Neither my natural foods manager in a conven- Mr. ELLISON. I just want to say that husband nor I have paid sick days. tional grocery store for 6 years. This if we were to pass the Healthy Families Please pass the Healthy Families Act.’’ company offered no sick leave at all to Act, then the medium to larger busi- And I yield to the gentlewoman. any of its employees. Many people nesses would provide these 7 days. Now, Ms. MOORE of Wisconsin. I can tell often work sick out of necessity.’’ Big Business has a way of setting a you, gentleman from Minnesota, I have Chrissy, we are trying to do some- trend for small business. So if big busi- to wonder what the legal ramifications thing about it. nesses did this, perhaps small busi- are of folks coming to work knowingly, Amanda from Minnesota: ‘‘I am for- nesses with fewer than 15 employees knowing that they are sick. I mean, tunate enough to have sick time at my would say, hey, it’s working for them, there’s a chorus of public officials who job at the University of Minnesota. it’s the industry standard, it makes give directives to people, saying that if When I was in my early 30s, I was to- sense, we might just do it voluntarily. you have symptoms of a pandemic, for tally healthy, exercised regularly, was I yield back to the gentlelady. example, the H1N1 flu virus, that you at a healthy weight, and suddenly de- Ms. MOORE of Wisconsin. Well, actu- should stay at home. We hear the Cen- veloped a rare kidney disease requiring ally, data is conclusive that our na- ters for Disease Control say that if multiple trips to multiple clinics to get tional economy would experience a net you’re sick, if you have symptoms, multiple diagnostics. This took a lot of savings of $8.1 billion a year with just stay home. We hear Dr. Richard Besser, time away from work. Thankfully, I providing employees with these 7 days the Acting Director of the Centers for was able to get paid for this time. If I of sick time. Because as you pointed Disease Control elaborate that you didn’t have any income, in addition to out, gentleman, productivity is ex- don’t go to school, you shouldn’t get on the stress of the condition, it would tremely important. I can remember at airplanes or other large public trans- have been unbearable. the time when my mother died, I was portation systems if you’re ill. We hear

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5381 from the White House, the Press Sec- the opportunity to spend some time on more of our baby boomers reaching retary’s saying clearly we all have in- the floor this evening with our col- that magic age of 65, we don’t have dividual responsibility for dealing with leagues. enough people working really to pay this situation, and we should all be I am going to talk about two dif- into the payroll tax to provide the ben- practicing good hygiene practices and ferent issues. We are going to talk efit that has been promised. And I stay at home. We hear the Secretary of about energy, and particularly the know that scares our seniors and it the Department of Homeland Security, scheme of carbon tax or cap-and-trade should, although every reform that we Janet Napolitano, telling us, again, the and renewable energy, renewable have talked about in regard to Social government can’t solve this alone. We quotas, if you will, because that’s a Security has assured and will continue need everybody in the United States to hugely important issue that’s facing to assure, I think, no matter who is in take some responsibility. If you are the Nation and the Congress is dealing the majority up here or what adminis- sick, stay at home. We hear President with at the present time, and particu- tration—it has been Republican under Barack Obama in his 100 Days press larly through the committee on which President Bush. It’s now Democratic conference saying that the key now is I serve, Energy and Commerce, and the under President Obama. It was Demo- to make sure that we maintain good other big issue also coming through cratic under President Clinton, and vigilance and that everybody responds the Energy and Commerce and a couple these things go back and forth. But I appropriately and stays at home. If of other committees is the issue of think that people, seniors, need to be your child is sick, keep them out of health care reform. comforted by the fact that if you’re school. We hear this over and over and Now, President Obama, when he was over 55, as an example, there are not over again. sworn in and shortly after that when going to be any changes in Social Secu- So in my final words here, I would he spoke to a joint session of Congress rity for those of you who are within 10 just ask you, as an attorney, as a mem- here in this House Chamber, he talked years of receiving that benefit. ber of the Judiciary Committee, what about the importance, in his opinion, But that doesn’t mean that we don’t are the implications of knowing that despite the economic downturn and the fix the system, that we don’t try to fix you’re ill and showing up at work be- need for stimulus bills—hundreds of the system for our sons and daughters cause you don’t have a paid sick day? billions of dollars’ worth, in fact, of and our grandchildren as they come Mr. ELLISON. Well, you might end stimulus bills, spending on projects and forward, because if we do nothing, then up being charged with negligence. hopefully will get the economy going clearly there will be a time when peo- Knowing that you’re sick, knowing again, the TARP money, the money ple will not get the benefit that their that you’re contagious and still going that went to banks, continuing to go to parents and grandparents have received to work, potentially some smart law- banks, and that’s expanded, of course, under this program of Social Security. yer might figure out a way to sue you to include insurance companies and the And the same thing is true of Medicare, for negligence because you exposed domestic automobile industry. We have and that, of course, is our health care them to an illness. Of course, it could spent literally hundreds of billions, if system for our seniors, 65 and older, be taken up by workers’ compensation, not trillions, of dollars trying to stim- and for those people who are younger but somebody’s going to have to pay ulate the economy. But the President but are disabled, totally disabled, and something somewhere. And the fact is, still feels very strongly, as does this need that help. So we all recognize that clearly, if you’ve got an on-the-job ill- majority party, the Democratic Party, there’s a problem, and we have recog- ness or injury, it would be a workers’ Mr. Speaker, of pushing ahead with nized it for a while and agree that comp claim. So the bottom line is it is this idea of solving the global warming something needs to be done. Now, the timing of that, I think, is in something that we all need to be con- issue by limiting the amount of carbon question when you talk to both sides of cerned about. that can be produced and released into the aisle. Some, quite honestly, on our I want to thank the gentlewoman the atmosphere as we go through the from Wisconsin. As she knows, she is side of the aisle feel that we need to process, and always have for 100 or one of my very favorite Members of get the economy back on its feet before more years, of producing electricity this House of Representatives, and I we spend hundreds of billions of dollars mainly from coal. So that is on the want to wish the gentlewoman, GWEN trying to reform our health care sys- front burner, no pun intended, Mr. MOORE, a Happy Mother’s Day, and I tem while we are still in a deep, deep Speaker, of issues that we are dealing also want to thank her for her very im- recession and people can’t get loans. with right now in the House and in the portant presentation on global health Businesses in particular can’t get Senate. And then, of course, the other for mothers. loans. People are still having a very I just want to say that we have a issue is reforming health care. difficult time getting a mortgage on I would like to start by talking about duty and obligation to present a pro- their home. And 401(k)s are down, health care. I feel I have a little bit gressive vision for America. Which way 401(k)s and IRAs, which are the savings forward? Well, the way forward is to be more expertise in that area. I darn well that people have for their retirement, more inclusive, to bring more people should, having spent 30 years prac- along with Social Security. into the warm embrace of the Amer- ticing medicine, but I will allow to I am kind of of the opinion, Mr. ican people’s generosity. The way for- you, Mr. Speaker, and to my other col- Speaker, that we don’t need to move ward is peace and dialogue. The way leagues that just practicing medicine, too quickly for fear that the economy forward is to have a better America, a seeing patients and not being in a re- will worsen and not get better and also higher quality of life for everybody be- search environment doesn’t necessarily for fear that in our haste to do some- cause everybody does better when ev- give you all the answers in regard to thing even if it’s wrong, it might well erybody does better, as the late great how we go about funding health care be wrong. So that adage of ‘‘do some- Senator Paul Wellstone said. for 300 million people, how we deal with thing even if it’s wrong’’ is a wrong- So, with that, it has been another the massive expense of government headed adage. progressive message, and I want to programs like Medicare and Medicaid But in any regard, we do agree that if thank the gentlewoman. and still make sure that everyone in the statistics are correct that 47 mil- this country has access to health care f lion people in the great country of the and that it is affordable, that it is af- United States go every day without ENERGY AND HEALTH CARE fordable even for those who have more health insurance, there’s something REFORM than one serious medical condition wrong with our system, and we can do The SPEAKER pro tempore. Under that they’re dealing with. better in that regard. We should do bet- the Speaker’s announced policy of Jan- So we all, on both sides of the aisle, ter, as I will talk about over the next uary 6, 2009, the gentleman from Geor- Mr. Speaker, realize that this is a prob- 45 minutes or so. We can and we will do gia (Mr. GINGREY) is recognized for 60 lem. It’s not something that we ought better. minutes as the designee of the minor- to be burying our heads in the sand and Now, Mr. Speaker, I would like to ity leader. just hoping it will go away. It won’t. It make sure that all of our colleagues Mr. GINGREY of Georgia. Mr. Speak- will only get worse, just like the Social understand something. I think intu- er, thank you so much for giving me Security crisis. As we get more and itively they know this, that statistics

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5382 CONGRESSIONAL RECORD — HOUSE May 7, 2009 can be often misleading. The 47 million make at least $50,000 a year, why do B. And, of course, here again, if you get uninsured statistic was obtained by the they choose not to have health insur- sick, 2 years later, now you are 67, let’s Census Bureau. And what does the Cen- ance? say, and you call up Social Security sus Bureau do? You’re sitting there at I would guess that most of these peo- and you say, oh, I’ve decided now, I home watching television or whatever, ple are in the workforce, maybe they think I want to sign up for Medicare reading a book preferably, and you get are single, they are probably between part B and part D because now, I had a a call from the Census Bureau and they the ages of 21 and 40. Many of them are heart attack, and I’m on five medica- probably just ask this question: Are athletes, not professional athletes—I tions, something to lower my choles- you employed? Yes or no? Do you have don’t mean to imply that—but ath- terol, something to make my heart health insurance? Are you an adult, letic, engage in sports, work out and beat stronger, I’m on a water pill, a di- head of household? End of story. And have good genes, grandparents lived to uretic, so I don’t build up too much the response from 47 million is ‘‘No, I late eighties, maybe even early nine- fluid. And, oh, by the way, I’ve come don’t have health insurance.’’ ties. They’ve got the Methuselah gene, down with the gout. Now, the question that is not asked where their relatives live into the hun- Well, you can sign up at that point is, are you a citizen of the United dreds. for Medicare part B and part D. But the States? Are you a permanent legal resi- And they think, golly, why should I Federal Government says it’s going to dent though not a citizen, in other take $250, $300 a month, whatever it cost you more because now you are at words, a green cardholder? Are you costs, maybe $400 a month and buy much higher risk. here legally on a temporary worker health insurance when I don’t even go Well, that’s the way private insur- program? Are you an illegal immi- to the doctor every year. I don’t even ance works as well. So, I mean, what’s grant? I think at that point, Mr. get a cold. I don’t take any prescrip- good for the goose is good for the gan- Speaker, you would hear a loud click, tion medications, I might take a One a der. It would be inappropriate for us to because I’m sure if someone were here Day vitamin. So a lot of people like say to the private market, insurance illegally, they’re not likely to give that would roll the dice and say I don’t companies, who are insuring younger that to anybody, especially a census need it. people, that if someone decides they And they say, I am a very disciplined worker. don’t want health insurance until they person, and I will take that $350 a get sick then, clearly, they are going b 1730 month and put it into—not a passbook to have to pay more. But the question that is not asked is savings, but invest in a mutual fund. So those people that make more than how long, if you do not have health in- And every month, you know, I put into $50,000 a year and elect not to take surance, what are the circumstances it, the mutual fund, when it goes up in health insurance that they could afford regarding that? How long have you value, my money doesn’t buy as many to pay for, they are taking a chance, gone without health insurance? And shares. But when it goes down in value, they are rolling the dice. But in this then you would find that many of these it buys more shares. country, thank God, you can do that. That’s what we call dollar-cost-aver- people, maybe just a couple of months. You are free to do that. aging. And, gee, you know, over a 10- And they might say, yes, well, actu- So a lot of the people that are in- year period of time I am going to have ally, I do have insurance. I have this cluded, when the Census Bureau calls a ton of money. And over a 30-year pe- COBRA, this temporary health insur- and says, do you have insurance, they riod of time I am going to have a quar- ance that’s allowed, when you lose are in that group. It is also estimated ter of a million dollars that I will have your job, that you can continue with that as many as 10 million of the 47 saved by not taking out a health insur- that company. If the company were million, guess what, are eligible for ance policy. providing the health insurance, then I don’t recommend it. As a physician Medicaid. They didn’t know it. They they would let you continue. Member, I think it’s a bad bet. You are didn’t bother to inquire. Or maybe But you would have to pay more, be- rolling the dice, you might get lucky, somebody gave them some misinforma- cause you would be outside the group but you could crap out, in other words, tion. They thought they were making rate. But you could be covered hope- come down with cancer, or, at age 35 too much money, and their children fully, you would be, long before that, have a heart attack, and then, of are eligible for the SCHIP program, the reemployed and into another group pol- course, you would be out of luck in to- Children’s Health Insurance Program, icy at a reasonable rate. So a lot of day’s market in regard to getting it in- which is very generous on the part of these people that say I don’t have sured. Or, if you had access to insur- the Federal Government, Federal-State health insurance, and they add to that, ance, it would be so expensive, because partnership, even more generous than up to that magic number of 47 million, now you are a preferred risk, and it’s Medicaid. they are going to get insurance when only appropriate then that the insur- So you take those people, subtract they go back to work and, probably, ance would cost you more. If you look them from the number, and you prob- within a short period of time. at our Medicare program on part B, the ably end up, Mr. Speaker, with, I am Probably 10 million of the 47 million voluntary part A, of course, 65 or dis- going to be generous here and say 15 to are the ones that clicked the phone abled, you are automatically in part A, 20 million that don’t have insurance down when they were asked if they the hospital part, or the part that cov- over an extended period of time. were legal immigrants, about 10 mil- ers nursing home care. It is important that all of us listen to lion. But for seeing a doctor and paying what I said about that number not So now you are down to 37 million. surgical fees and having outpatient di- being 47 million. Because statistics, if And it has been estimated that 40 per- agnostic tests done, you don’t have to they are not accurate, can cause us, cent of the rest make at least $50,000 a take the part B of Medicare, nor do you from a policy perspective, even from a year. Now, you might say, well, gee, if have to take the part D, the prescrip- political perspective, to make some you make $50,000 a year, even if you are tion drug part of Medicare. That’s op- huge mistakes. Spending $2 billion or a family of three, you probably ought tional. You might decide to, because more, $3, $3.5 billion, maybe, because to be able to afford health insurance. you are still working, to continue to we still have some money left over You are not going to be eligible for get your health insurance from your from the $6 billion that we put in the Medicaid, or you may probably not be company. Or you might decide, well, Treasury, took out of the Treasury, put eligible, at least in my State of Geor- here again, I’m healthy, and I never in Health and Human Services and the gia. You are not going to be eligible for bought insurance before I got eligible CDC for combating bird flu, which the SCHIP problem, PeachCare, we call for Medicare, I’ll take the part A, be- never really occurred in this country. it, for your children. And I am assum- cause that’s kind of given. I get that And now we are probably going to ing that you are not 65 and you are not free, so to speak. Somebody else is pay- put another $2 billion in this supple- disabled, so you are not eligible for ing for it, and I’m not going to take mental bill coming up to treat the in- that. this part B. fluenza type A H1N1, forgive me if I say So why do these people that are not You have that option. Nobody forces it at least one time, swine flu. And I eligible for anything else, and they anybody to sign up for part A or part hope and pray that I don’t have to eat

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5383 these words. It’s probably going to turn of my knowledge, I think I am giving want to be able to communicate with out to be a fairly mild type of flu, not accurate information to say that truly the other doctors in the neighborhood as severe, Mr. Speaker, as your sea- only 15 to 20 million people in this or the two hospitals in the county, be- sonal flu, which on a yearly basis, over country are falling through the cracks cause the world doesn’t end at the many years, we have lost 35,000 people, in regard to not having the ability fi- county line. 35,000 people dying from the regular nancially and maybe not having the ac- That’s true in regard to countries as seasonal flu, even though we have de- cess to health insurance and having no well, as we talk about our borders, veloped a vaccine every year. choice but to show up in the emergency north and south, and you think about We try to anticipate what next year’s room late at night and getting very ex- over in Europe. You have so many flu is going to look like. The CDC does pensive care and probably substandard small countries and the borders are so a great job on that, by the way. I think care only because the doctors, the porous. People move and travel and va- the flu vaccine is good and certainly health care providers there, don’t know cation. So you want all that it’s good for the elderly and the im- them. They don’t know their medical connectivity. And I think it’s usually mune compromised and the very history. important. young. I am not opposed to that at all. And we don’t have electronic medical So we on this side of the aisle would I commend the CDC. records now, as we should have, as say to you, Mr. Speaker, and your But, again, we tend to react to the President Bush has called for, as Presi- Democratic colleagues on the other latest crisis. Sometimes it’s media dent Obama has called for, as I totally side of the aisle and to the current ad- driven, this media frenzy, literally cre- agree with, by 2014, if not even sooner. ministration, Hey, we agree with that. ating a pandemic, yes. Not a pandemic You ought to be able to, in a situation We agree that let’s spend some money. of the flu, but a pandemic, a panic. like that—or even if it’s somebody Let’s work toward a fully integrated So what’s the President to do? He that’s well insured and they are just on electronics medical system. doesn’t want to get Katrina’ed over vacation, and they get this great op- What it would do, the Rand Corpora- this thing, so we throw a lot of money portunity to go to Russia or some- tion says, is save $160 billion a year. I at it that may well not be necessary. where. And, obviously, most people don’t know if it would do that. That So as I talk about health care and the don’t speak the language there, and the would be quite a cut in that $2.3 tril- need for reform and bring up some of doctors don’t speak English, and you lion. But even if it’s $100 billion a year, these statistics and peel the layers of show up in an emergency room, and that is a significant savings. the onion back and get to the real facts they don’t know what’s wrong with you Maybe more important than saving so that we know what the real problem and what your past history is and what money with that, though, is it saves is, how can you know what the re- medications you are on. lives, because people on Plavix are not sponse is if you don’t really define the going to inadvertently, because they problem? So that’s what the loyal op- b 1745 show up with a transient ischemic at- position, the minority party, in this But if you had a radio frequency- tack, and it seems that maybe they’re case the Republican Party, has the re- identified card, a health care card, on the verge of having a stroke, some sponsibility to do. That’s what makes smaller, maybe, than even an Amer- emergency room doctor who doesn’t our system work, that’s what makes it ican Express card, that you could just know them, who doesn’t know that great, unless we don’t go through reg- swipe, maybe like one of these Clear they have been on Plavix for years, and ular order and don’t get an opportunity cards that some of us use to go through they decide they need some Coumadin to weigh in. security at the airport, read your iris right away—Coumadin, a much strong- And maybe the only opportunity we scan, whatever, and it has got every bit er blood thinner—and while trying to get to weigh in on the minority side is of medical information—every oper- prevent this person from having a these late afternoon and late evening ation that you have ever had, every al- stroke, they cause them to have a hem- after-school’s-out opportunities to talk lergy, every prescription that you’re orrhage in the brain. It’s kind of like a on the House floor and inform. And you on—and the language is immediately stroke, but it’s different. But the re- hope everybody is listening, but maybe transferred from English to Russian or sults are the same. They’re cata- not. Russian to English, or whatever, and So as I stand here this evening and strophic, and they can lead to instant that’s what we call fully-integrated talk about health care reform and also death. electronic medical records. the energy bill, it’s not to be partisan So that’s why we need to do this, and And the Federal Government, thank or political; it’s to take whatever op- I think that it would save lives and goodness, is working on that, and portunity, Mr. Speaker, that I, as a save money. I think doctors in fact, working very hard on it. In fact, Presi- member of the minority party, can Mr. Speaker, would ultimately be re- grab onto on behalf of our leadership, dent Obama put $19 billion in the Re- imbursed better. Now they are very recovery Act of 2009. I think that’s a good JOHN BOEHNER and ERIC CANTOR and luctant. At least 300,000 physicians in other leaders on the Republican side, thing. I’m glad he did that. I think we this country don’t have much in the to put the message out. definitely need to do it. We need to way of electronic medical records. And they trust me on certain issues, give loans and grants to doctors and They might send their bill electroni- other Members on other issues because hospitals, and encourage them. But cally. They may even prescribe elec- of the background that I have, in this every system has to be certified be- tronically. case, a background of 30 years of prac- cause the Federal Government with But the records of the patient would ticing medicine, as an OB/GYN spe- Medicare and Medicaid and the CHIP literally be secure, very secure, and we cialist in northwest Georgia. And I program and the VA program and have to make sure of that. You don’t don’t have the last word on this. Maybe TRICARE and our military health care give that information out to anybody the last word comes from somebody system accounts for maybe 65 per- that has no business looking at it. like Sanjay Gupta for CNN or Isadore cent—I’d say at least 60 percent—of Other physicians, of course, as long as Rosenfeld for Fox News. every health care dollar that’s spent the patient is comfortable with that. I commend any one of those great every year, Mr. Speaker. We’re totaling But we will continue to work on it. I doctors on Sunday morning where they I think now about $2.3 trillion. Seven- think you will have less lawsuits be- do 30-minute shows and talk about teen percent of our Gross Domestic cause doctors would be less likely to issues like how should we reform Product is health care dollars. make an error in prescribing. We would health care, how should we respond to So when people say to me, Well, why have lower health care costs because a this latest flu crisis? What do you do should the Federal Government have doctor would not automatically order when your child gets a little bit sick anything to do with what vendor I buy an MRI or a CAT scan, or somebody and you’re worried? Those folks do a my software and hardware and mainte- who presents to the emergency room great job. But we have a responsibility nance program from that’s very spe- with a headache, if he or she, the here to share our knowledge as well. cific to my specialty—OB/GYN or gen- health care provider, knew that a week So as I talk about that 47 million, I eral surgery or pediatrics or psychi- ago, by looking at those electronic wanted to make sure that to the best atry, the answer is, Well, you don’t just records, the patient just had that done.

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5384 CONGRESSIONAL RECORD — HOUSE May 7, 2009 They might not do an echocardiogram And when it comes to energy, it is the ment starts telling people how to live if that was just done yesterday in the same kind of concept. We are talking their lives. We will harken back to the cardiologist’s office. about a vision for America and a road era of Jimmy Carter, where the govern- And then, lastly, in regard to elec- or option that can be taken. It’s not ment told you how fast to drive, how tronic medical records, doctors are re- just simply one. warm your house could be, and when imbursed under Medicare based on the So I appreciate very much the con- you could buy gasoline, unless you’re amount of time that they spend with a cept of health care. In fact, when I like the one family we knew about who patient. Now, if it’s a surgical proce- leave, I expect Dr. GINGREY will come had two different license plates—one dure or the delivery of a baby, these back again to that area and show once odd, one even—so he could buy gasoline things are fairly easy to have a stand- again how these are all the concepts whenever he wanted to fill up his car. ardized reimbursement for that degree that have to be in there. The Republican approach, though, is of service. But when most of the visit But I did want to take just a mo- different. It is trying to reward innova- is cognitive—it involves the time and ment, if I could, because today the tions, giving prizes for ingenuity. What thinking and physical exam on the part Western Caucus as well as the Repub- we realize in this country is there is of the health care provider, then the lican Study Committee did introduce a within Americans the spark of cre- code that you submit is what deter- new bill that deals with energy. And it ativity, the ingenuity, the ability to mines the reimbursement. is, once again, with the same purpose come up with new solutions. We don’t I will submit to you, Mr. Speaker, or overall vision that Dr. GINGREY was need the government to pick winners and to my colleagues, that most doc- talking about, because our goal is to and losers and tell us how we shall live. tors are afraid that if they submit a say there are two competing visions of Open up the options for individuals and code that is too high and then some in- where America is ready to go. It’s kind reward them for taking the risk to spector general—certainly, Medicare of like the Frost poem of two paths in come up with those options, and we can and Social Security has a right to do the woods that are diverging. We have create a better world. There are ideas that are out there— that if you’re seeing Medicare patients, to choose which one we want to go. new ideas in this particular bill which and look at your charts. And if you’re The Democrats have already offered a proposal of cap-and-tax. And the Re- gives incentives for every kind of en- over-coding, gaming the system, then ergy, from solar to new algae produc- not only would you have to give the publicans are now coming up with a different proposal of trying to take the tion, and some old ideas that have been money back and you may get kicked around which have never been done. out of the Medicare program, but you cap off our energy development so that we have the choice of which of these And they are going to be new ideas could go to jail. You could go to jail. until we actually do it—and there is no So doctors have a tendency to code two paths Americans want to take. If we go with what the Democrats are better time to do it. lower rather than higher. already proposing, there will be an in- In fact, the Democrat approach is Well, with electronic medical crease in the energy costs of every in- simply saying: We can’t do it, so why records, it’s all done for you. There’s dividual. It can be as high as $3,000, try? The Republican option is saying: no question about how much time you which is a legitimate number. But the There is limitless opportunity in this spent with a patient, what you talked problem is it is also disproportionate. country. We should do it, and we about, what you did, what tests you or- There are some parts of the country should simply do it now. dered. And then it’s just sort of like a that will have a bigger hit than others. It’s kind of like the tale of two cities: neon sign. It pops up there and says And it is worse on the poor than any one city where the lights are off; the this is the evaluation and management other segment. Republican city, where the lights can code. I think, ultimately, the doctors If you’re rich, this is an inconven- be turned on. Actually, a better one is would be reimbursed more fairly. ience. If you’re poor, this is a decision if you remember the sequel to ‘‘Back to I didn’t want to spend too much time on whether you can celebrate with Future’’ where there were two options on electronic medical records, but I Hamburger Helper that evening or not. in which civilization could develop. will tell you, Mr. Speaker, it is impor- The Republican option, on the other The Republican one takes you down to tant to talk about that and to under- hand, the Republican road, is to try where the McFly family is happy; the stand why it’s important and why we and increase and grow our energy sup- Democrat option takes us down to should, on both sides of the aisle, come ply so we reduce the cost because there where Biff is still ruling the world. together on this one. If we can’t come is more available. It also recognizes b 1800 together on anything else, we ought to that energy has always been the vehi- come together on this one. We have a chance of making the cle for those in the lower classes and choice between those particular op- I see that I have been joined by one poverty to raise themselves up. Their of my classmates. I always like to see tions. ability to increase our gross domestic The bill is basically about all the en- him on the House floor. I see him ev- product and our wealth has been based ergy that we can create. It says that eryday on the House floor, but to hear on the concept of having affordable en- there is, in this country, a better him speak on the House floor—and you ergy. dream and a better vision of what the will too, Mr. Speaker—as I present to The Democratic approach, once future can be. The Republicans want to you the gentleman from Utah, Rep- again, will cut jobs. The greatest esti- take us down a better road for Amer- resentative ROB BISHOP. I don’t even mate, most conservative estimate, is at ica’s future, a better vision, by cre- know what he is going to talk about. least 3 million jobs will be taken. The ating a bill that, once again, does three Well, when he talks, it’s worth listen- Republican one is not to increase jobs, things: ing. And I yield to my friend from it’s not to increase taxes, but rather, It rewards Americans for efforts of Utah. instead, to create increased royalties conservation. We are talking about a Mr. BISHOP of Utah. Congressman we will get from increasing production, lot of mandates, but not allowing GINGREY, I appreciate that introduc- and put that into a trust fund to at- Americans to voluntarily conserve and tion. You know there’s no way I can tack the deficit that this country has be rewarded for it. And for every gallon possibly live up to that now. But I did and take the cap off of our production that we can conserve, it is a gallon want to come down here and talk not so that we can actually succeed as a that we don’t have to try to import about health care specifically, but country. from a country that basically doesn’t about some of the things we’re doing The Democrats would have us go like us. differently and uniquely with energy. down the approach where there is no To increase significantly the amount I realize there is somewhat of a con- real reward for conservation; only of production we have so there is more nection because what Dr. GINGREY was mandates. The Republican option that energy, it is more affordable, it is more talking about is a vision of another ap- will be before that is to reward people useable, it is more helpful, and, that it proach to try and solve the energy cri- for their efforts at personal conserva- can be that type of thing that will sis. What we are talking about as Re- tion, which is what we should be doing. allow those in the lower classes eco- publicans is trying to give options to The Democrat road would take us nomically to rise above their situation individuals and choices to individuals. down to the approach in which govern- right now.

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5385 And, third, reward Americans for in- to work for me. And as we developed a iPods, which I still don’t know how to novation. Prizes for innovation have caucus on our side of the aisle, as our work. But if they want a song, they always been the way the world has health care provider membership don’t have to buy the entire album. made quantum leaps forward. When the grows—I think we have 11 medical doc- They can download their song on their British were trying to become the mar- tors now on the Republican side and I iPod. They get to pick and choose. itime power, they didn’t know how to think there are four or five on the Every aspect of American life now, map the waters, so they offered a 20,000 Democratic side. We have psycholo- we have been given Americans’ options. pound reward for anyone who could gists, we have dentists, we have nurses. The business world gives Americans op- solve the problem, and a London clock We have some medical expertise, Mr. tions. The American Government, the maker came up with the concept of Speaker, in this Chamber, and we want Federal Government is the only place latitude and longitude we still use to utilize it. But this GOP Doctors where we are still talking about one- today. Caucus is working very hard to develop size-fits-all mandates on people. What When Napoleon needed to have his a second opinion on health care reform. we need to be doing is giving Ameri- troops fed, he offered a 14,000 franc ROB BISHOP and JOHN SHIMKUS, who cans choices and allowing Americans award for the first person who could leads the coalition on a second opinion to choose for themselves how they wish come up and solve his problem, and the for energy reform, market driven, to live their lives. And that is the mes- result was the concept of vacuum pack- these are Republican ideas. I get a lit- sage. That is the Republican option ing that we still use today. tle weary when people suggest that we that happens to be out there. That is When Lindbergh flew across the At- are just standing in the way of progress the vision that we are trying to lantic Ocean, he was responding to a and, what is our plan? Well, these are present. prize offered by a newspaper. our plans. And I appreciate it, as I am going to The ability of Americans to solve our Unfortunately, Mr. Speaker, as I said have to leave the gentleman from problems and come up with creativity at the outset of the hour, we don’t get Georgia, especially with his expertise and new ideas and new solutions far many, if any, opportunities under the in the field of health care, that he rec- and beyond what we are thinking about leadership, I am sad to say, of the first ognizes this is the same solution: not today is something that has never been female Speaker of this great body serv- telling the Americans how to live, but driven by Washington. It has been driving in her second Congress in that ca- giving them options and allowing en by giving Americans the oppor- pacity. It was supposed to be the most Americans to choose their own future. tunity to use their native abilities, ex- open opportunity to get away from They get to buy the song they want pand the horizons, be creative, and these Republicans who all they wanted and put it on their personal iPod. I appreciate him for allowing me to then be rewarded for that kind of cre- to do was shut the place down. We were join him here this evening as part of ativity. going to open the doors and open the this hour, and I appreciate Madam We are talking about two potential windows and bring in some sunshine Speaker’s consideration and toleration roads: one road which leads to more and have transparency and give every- in us taking this time to try and give control of government; one road that body an opportunity to represent their a new vision, another road, another op- leads to greater innovation and accept- 675,000 constituents, whether they were tion for Americans. I appreciate the ance, and the ability of Americans to Republican or Democrat, whether you gentleman’s time, and I return back dream new dreams and create new vi- were in the minority or the majority. what is left to him. sions. So what has happened? I don’t know Mr. GINGREY of Georgia. Madam Dr. GINGREY was talking about that what happened. Mr. Speaker, I don’t Speaker, I appreciate very much the same concept in the field of health know what led the Speaker—you are gentleman from Utah joining us this care, that what we need is to look at the designated Speaker, but I don’t evening. If he is going to have the op- the two roads that we are taking, and know what led the Speaker to change portunity to get to his district in Utah, perhaps even look at—I think the word her mind, but I, for one, am saddened it is not easy every week. It is pretty in the vernacular in the medical com- by it. So we have to convince our col- easy for me to go home, Madam Speak- munity would be trying to come up leagues and hopefully the American er, to Atlanta, Georgia, Marietta and with a second opinion of where we people that we do have opinions. We Cobb County. It takes about 1 hour, 45 should be moving and where we should just don’t get to express them. We are minutes. But our Members west of the be going. not the party of ‘‘no.’’ We are not the Mississippi, I really feel sorry for them I do thank Dr. GINGREY for allowing party of ‘‘no’’ on health care reform. in a way, because it is tough. I wish me to intervene here, because, like I We are not the party of ‘‘no’’ on having him Godspeed and a safe trip home. say, there is a new energy bill that has a better comprehensive energy reform But we are here to make sure that been produced. It is an energy bill that bill. These are second opinions. people do understand, and I think our I think is positive. It is one I want I yield back to my colleague from Members do. I think Members on both Americans to deal with, because what Utah. sides of the aisle. And, look, I am not we are trying to say is there is a better Mr. BISHOP of Utah. If I could ask to saying that we are above reproach on path, there is a better future for this interrupt for just a second with my the Republican side. When we were in country, and we want this out here as good friend from Georgia, because I do the leadership and controlled this an option so people can understand it. have to leave in a moment or two, but body, maybe we were a little heavy- On the issue of health care, I think I think you were talking about some- handed. Maybe we didn’t keep every- the good representative from Georgia thing that is very significant. There thing open and transparent and make will also admit there has got to be a have been over 950 bills introduced by amendments in order from the minor- better path and a better option that is Republicans so far this session; 59 of ity. out here, one that ennobles and em- them have been allowed to be discussed But when you campaign and say, as powers Americans. I think he has some on the floor, most of them suspensions. we are doing now, please give us an- great ideas on how you can steer this It is not that we are wanting for other chance and you will see that we country down to that correct path. ideas. It is we are wanting for a vehicle have learned our lesson, that is what Mr. GINGREY of Georgia. Reclaim- in which they can be debated and dis- the current Democratic majority said ing my time, and if the gentleman from cussed and be presented to the Amer- when they were campaigning in 2006: Utah can stay with us and engage me ican people. Give us an opportunity. Let’s throw in a colloquy as we continue the time I have one other analogy. I have those bums out and we will show you, talking about these issues, I really ap- grayer hair than you do. I am older. John Q. Public, what we can do in the preciate Representative BISHOP’s ex- But when we were growing up, remem- people’s House and how much better it pertise on energy and our second opin- ber those old records you had to buy? If will be for everybody. ion, the Republican alternative, a sec- I wanted a song, I had to buy the entire So, yes, I am disappointed, Madam ond opinion. album or the entire 8-track. We won’t Speaker, that it hasn’t turned out that Forgive me, my colleagues, if I uti- even go how far back that has to be. way. But still, we do have an oppor- lize medical terminology, but it seems My kids, though, have these little tunity, as Representative BISHOP and I

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5386 CONGRESSIONAL RECORD — HOUSE May 7, 2009 take this hour and talk about these and going to other countries in this Lots of jobs came to my part of the two hugely important issues and let global economy. United States almost 100 years ago. We people know that we do have a second Now, we have been hearing about all had textile plants everywhere. Where opinion. I started the hour talking these green jobs that this is going to was the corporate office of those about the physical health of the Na- create. Well, he said in Spain they call plants? New York City. But they came tion. We talked about it last night on those jobs subprime. south for one reason, because of inex- pensive labor. And they could make the swine flu discussion. And then Rep- b 1815 resentative BISHOP came as I yielded their products, make a profit and pay time to him, Madam Speaker, and he I will repeat it. They call them well. And times were good. My dad was talked about the fiscal, the economic subprime jobs because they are not born in Graniteville, South Carolina, health of the country. Our country going to last very long. They are not built by the Graniteville Company, a cannot be healthy without both fiscal lasting very long. company from New York traded on the health and physical health. We have got a situation where Chair- New York Stock Exchange. And that So, yes, these are hugely important man WAXMAN and Chairman MARKEY company built everything in town and issues. Don’t ignore the brainpower on want a bill where every part of this employed every worker in town. this side of the aisle just for purely country has to abide by these renew- Well, those jobs came from the partisan reasons or, well, you did it to able standards so that 25 percent of Northeast. Now, if we follow through us and we are going to stick it to you. your electric power generation by the and pass a bill that penalizes the That is not what the American people year 2025—think ‘‘25 by 25’’—25 percent southeast by raising utility prices, need at the Federal or State level. I has to be produced by renewables, then these factories will say, well, we hope we can give them better, and I wind, solar, geothermal. But guess will just stay up north with all these think most of my colleagues feel the what? In my beloved area of the United expensive union workers, because if we same way. States in the southeast, we don’t have go down South, we will get cheaper I will stay on the energy side for a a constant source of wind. We don’t labor, but we will have to pay out the few minutes, Madam Speaker. This even have a constant source of sun. We wazoo for electricity. It is the same issue in the energy bill that is coming have very little geothermal. But do thing with California. through the committee, which I am you know what we do have? We have So I would say to all my colleagues and everybody listening and men and honored to serve on under Chairman lots of coal. We have lots of water. We women across this country, they are WAXMAN and Ranking Member BARTON, have the ability to produce, to turn connecting the dots. They are figuring Energy and Commerce, this energy bill these turbines and produce electricity this thing out. There is, indeed, in my that has this strong emphasis on a car- by just letting water fall. We pump it back uphill and let it fall again. If that opinion, Madam Speaker, a scheme bon tax, or cap-and-trade you might going on here. And it makes no sense. is not renewable, I guess some of it call it, Representative BISHOP talked It makes no sense at any time, espe- evaporates, but it seems pretty renew- about the fact that that ultimately cially in a time of severe economic re- able to me. will end up being a hidden tax, a hidden cession in which we almost are reduced We are not able to count nuclear tax on mostly middle class Americans. to the point now of hoping and praying power. We haven’t had a new nuclear Lower-income Americans will be, as he that we will come out of it. Bail out reactor go online, Madam Speaker, pointed out, hit hard. For rich people, this one, bail out that one, stimulate since 1976. And it is clean. It is effi- it will be an inconvenience. For people this, stimulate that. But when we go cient. And it is safe. It is expensive. with marginal incomes, it will be dev- back home, Mr. BISHOP to Utah, I to Yes, it is expensive. But when you have astating. And it is up to $3,000 a family. Georgia, and you start talking to peo- these nations, these ‘‘rogue’’ nations I As these producers of electricity are ple and they are about to lose their penalized because they are producing will call them, or near rogue nations, home, and the banks are about to too much carbon or releasing too much even if they are not rogue nations, close, small community banks, and they don’t like us very much, charging carbon dioxide into the atmosphere, they are saying, Congressman GINGREY, then they will pass those costs right on us $140 a barrel for petroleum and why couldn’t you get me any of that to the consumer, to John Q. Public. strangling us with the cost of natural TARP money? We made loans to build- Madam Speaker, I was at a breakfast gas. You know, we need to become ers because we were literally forced to this morning, and I guess there were independent of that. But you can’t do by the Homeowners Reinvestment Act maybe 25 House Members in attend- that if you are not going to be allowed or what Fannie and Freddie forced us ance. We were privileged to have a doc- to burn coal. And in the United States, to do because of wanting more diver- tor, a Ph.D. doctor from Spain—his I think we have something like 240,000 sification in homeownership. We knew name, Gabriel Calzada—talk to us. He tons, enough coal to last us 150 years. that you don’t lend money to people is an associate professor of applied eco- I think these folks are misguided. I that can’t verify that they have got a nomics at the King Juan Carlos Uni- know they are smart people, but I job or what the income is and they versity in Madrid, and he talked about think they are misguided. For them to have no down payment and their an- how this cap-and-trade, cap-and-tax, shut all that down just because the nual salary is $50,000 and they want to following the Kyoto Protocol of 1991 to Greenpeace folks and the environ- get a loan on a $600,000 house, and it the fullest extent of the letter, that is mentalists run amok, they just don’t should be no more than one to three. what Spain has done. Their current understand this global economy and But, we were literally forced to make President is determined for Spain to be how you lose jobs and you have coun- these loans. And now we are about to the poster child for abiding by the tries like China and India with almost go under. All these senior citizens who Kyoto Protocol, and they do. 3 billion people, almost half the world’s invested in the bank and the local com- This professor, this Ph.D. doctor told population, they can do anything they munity, they are about to lose their in- us that it is an economic disaster in want to. And they are bringing on a vestment. Where is our help from the Spain, that they are losing jobs, that coal-fired power plant once a week, a Federal Government? No. We forced these companies that are trying to new one every week. And yet we are the big banks to take money, and then produce electricity with alternative going to do what we are doing. It just won’t even let them give the money sources such as wind and solar and geo- doesn’t make sense. back. Well, that is what I call ‘‘social- thermal, they are losing money. Many I have talked to the committee, to ization,’’ ‘‘socialism.’’ of them are going out of business. And the powers that be, and explained the And I don’t know how much time we also, a lot of the factories in Spain that situation we have got in the southeast. have got, but I’m going to maybe uti- produce things, but they can only And sometimes it makes you wonder, lize a few more minutes, Madam produce these things by using elec- Madam Speaker, when you use the Speaker, and if you need to gavel me tricity to keep the lights on and to word ‘‘scheme,’’ that can be just a down, you go right ahead, and I will keep the turbines or the robotics run- plan, but that word also can be inter- just shut up immediately. But I’m ning, the machines running, the work- preted in a pejorative way, a real going to switch back a little bit to the ers working, they are packing up shop scheme, like somebody is scheming. health care part now.

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5387 As a physician, I don’t want to see many times, it is important that we cause peace to return to our hearts. A that socialized. I don’t think men and encircle our moms, give them the mother is the truest friend, and we women want the government in the ex- strength to be able to carry on, be re- know that through an American au- amination room standing between the minded that in addition to making din- thor, Washington Irving. doctor and the patient. ner, they are reading bedtime stories. And today as I finish my remarks, I And it sounds like the good Speaker But maybe there are mothers who want to particularly say to those is letting me know that the magic hour don’t have the capabilities, don’t have mothers who may be listening, to our has expired. When you are having fun, the time, are not able to get home be- colleagues who are likewise mothers, time flies. Thank you for your indul- fore 12 midnight, work the night shift, to the Asian Pacific mothers, as we cel- gence, my colleagues, and we will con- work around the clock; we should be ebrate Asian Pacific Month, wherever tinue to talk about the Republican sec- sympathetic to them. they might be, we want to give them a ond opinion on many issues. I’m proud that this Congress has rec- helping hand. And through a mother, I f ognized the importance of mothers. want to be able to say, I want no child One of the first bills that we signed was to ever go to bed hungry. We want no CELEBRATING ALL OF THE the equal pay bill. We also provided child to ever not have an education. MOTHERS IN OUR NATION and signed the SCHIP bill that pro- And we want you to have the fullest The SPEAKER pro tempore (Ms. vided for 11 million more children to opportunity to raise children to be TITUS). Under a previous order of the have health care. That helps the moth- healthy and productive. House, the gentlewoman from Texas ers of America. We also recognize that I close, Madam Speaker, by saying (Ms. JACKSON-LEE) is recognized for 5 47 million Americans are uninsured. simply this, in the words of Jackie minutes. Many of them are mothers with young Kennedy Onassis, ‘‘If you bungle rais- Ms. JACKSON-LEE of Texas. Allow children. Many of them are mothers ing your children, I don’t think what- me to thank the distinguished gen- with ailments who have catastrophic ever else you do well matters very tleman for his kindness. illnesses or chronic illnesses. We want much.’’ We want our mothers not to Madam Speaker, I didn’t want to to say to them ‘‘thank you’’ by pro- bungle. God bless them and God bless leave and return to my district without viding those mothers with full com- America. acknowledging how humbled America prehensive health care. Madam Speaker, I stand before you today is in honoring the Nation’s mothers. I We know that mothers are caring and in order to recognize and celebrate all of the believe it was a great idea to set aside courageous women who make a dif- mothers in our Nation. a day to honor our mothers and to ference in the lives they touch. As a They are the nurturers, and caregivers that honor our fathers. And so this weekend Jewish proverb said, ‘‘God could not be prepare our Nation’s young for the challenges is a nationally declared day to cele- everywhere, and therefore He made that life may hold. Their work may be inside or brate motherhood. mothers.’’ And so this Mother’s Day is outside of the home, or both, and their con- I rise today to be able to celebrate a celebration for grandmothers, moth- tributions to this society can never be fully ap- the mothers all over this Nation who ers-in-law, stepmothers, foster moth- preciated or valued. Jane Sellman definitely hit link arms with those around the world ers, godmothers, mothers who take in the needle on the head when she said, ‘‘The who are, in fact, special. For mothers children, mothers of all ethnicities, all phrase ‘working mother’ is redundant’’. are, in fact, the nurturers and care- backgrounds, all economic levels. We Our mothers are our first teachers and they givers that prepare our Nation’s young are to celebrate them. should be celebrated everyday. However, like for the challenges that life may hold. Today thousands of mothers in this many things we can take them for granted. Their work may be inside or outside of country have become active and effec- This Mothers Day, take a moment to call your the home or both, and their contribu- tive participants in public life and pub- mother or to visit with her if you can. tions to this society can never be fully lic service, promoting change and im- Remember that being a mom is no easy appreciated or valued. Jane Sellman proving the quality of life for men, feat. Motherhood is not for the faint of heart. definitely hit the needle on the head women and children throughout the Motherhood is not for women with weak stom- when she said, ‘‘The phrase ‘working Nation. I cannot find the words to achs or strict routines. A mother must be able mother’ is redundant,’’ for obviously a thank all of these mothers who may be to juggle three things at once and still manage mom, a mommy, a mother works. legislators, mayors, judges, doctors, to make dinner and read bedtime stories. No In this day and time, we find that lawyers and administrators. And yet I doctor can take away all the ailments of a sick mothers come in many shapes and also thank those mothers who are child or even an adult for that matter, like a sizes. Today our First Lady spoke elo- waitresses, as I said, who are nurses mother can. Mothers are caring and coura- quently about the challenges of being a aides, who drive buses, who are out on geous women who make a difference in the working mother. But as we have come the construction sites, who are poets, lives they touch. As the Jewish proverb says, to understand, a mom works at home, who are authors. They are all part of ‘‘God could not be everywhere and therefore she works in the workplace, she is a our life. he made mothers.’’ volunteer. She does many things that I want to pay tribute to my own Mother’s Day is also a celebration for grand- constitute work but are her daily du- mother, Ivalita Jackson, strong, deter- mothers, mother-in-laws, stepmothers, foster ties. mined, elderly and frail now; but hav- mothers, godmothers, mothers who take in Our mothers are our first teachers, ing raised us, I thank her for the integ- children, mothers who adopt, those who act as and they should be celebrated every rity, the determination, the spirit and mothers, for those women who have no rela- day. However, like many things, some- the love she gave. I’m grateful for my tions by blood but who give the gift of moth- times we take this whole idea of moth- grandmothers, Vany Bennett and Olive ering to children. erhood for granted. Yes, we sometimes Jackson, my Aunt Valrie Bennett and Mothers bring a unique and valuable per- have teenage mothers, or grand- my Aunts Audrey and Vicky. I’m spective to all aspects of American life. Today, mothers as mothers nurturing children grateful for my Aunt Sarah. I’m grate- thousands of mothers in this country have be- of their children. We have ailing moth- ful for the extended family members. come active and effective participants in public ers. We have mothers who have passed. I’m grateful for the future mothers, my life and public service, promoting change and And there will be many in our Nation daughter Erica Lee. improving the quality of life for men, women who will be celebrating or commemo- And so I am thankful today that we and children throughout the Nation. They rating Mother’s Day without their be- know that a mother is the truest friend serve with distinction as legislators, mayors, loved mom. They will be mourning the we have when trials are heavy and sud- judges, doctors, lawyers, and administrators, loss. Maybe they will be at grave sites. den and fall upon us, when adversity and their impact in these areas has proved to But what I will say to them is that takes the place of prosperity, when be monumental. they will have the wonderful memories. friends who rejoiced with us in our sun- I could not find words descriptive enough to I want the fact that this is Mother’s shine desert us, when trouble thickens fully express the depth of admiration that I feel Day to have us remember that being a around us, still will she cling to us and for women who fill this important role in our mom is not easy. Motherhood is not for endeavor by her precepts and counsels society. They are committed to their families those who might want to give up. But to dissipate the clouds of darkness and and community not for public acclaim, but for

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00077 Fmt 7634 Sfmt 9920 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5388 CONGRESSIONAL RECORD — HOUSE May 7, 2009 love. As American author Washington Irving But MOX poses a far more ominous a boat rigged with explosives into a put it best, ‘‘A mother is the truest friend we threat. With the right technology, it French oil tanker off the coast of have, when trials heavy and sudden, fall upon can be reprocessed into weapons-grade Yemen. us; when adversity takes the place of pros- material. And according to reputable The two particular vessels trans- perity; when friends who rejoice with us in our estimates, enough plutonium is con- porting the MOX from France to sunshine desert us; when trouble thickens tained in the MOX currently headed to- Japan, the Pacific Pintail and the Pa- around us, still will she cling to us, and en- wards Japan to produce more than 200 cific Heron, are not without protection. deavor by her kind precepts and counsels to nuclear bombs. Every Member of this They are armed with five 30 millimeter dissipate the clouds of darkness, and cause Chamber, Madam Speaker, knows that Naval cannons. In addition, a group of ace to return to our hearts.’’ al Qaeda and its networks would like armed police officers from the United My heart goes out to those mothers with nothing better than to get their hands Kingdom Office of Civil Nuclear Secu- children who are away at war, I cannot even on enough fissile material to build a rity is on board. imagine the fear that they must feel daily. I nuclear explosive device or a radio- However, a study done by the U.S. want to recognize the First Lady, Michelle logical bomb, however crude, and to Department of Energy concludes that Obama, who is striking a balance ALL be- detonate it where it can do the most due to the risk of attack on nuclear tween motherhood and her duties as the First harm. We and our allies around the shipments, there is a need to provide Lady. I want to congratulate and praise all of world have committed our best intel- ‘‘continuous backup support for the the mothers in America for all of their hard ligence, military and civilian officials, vessel by military security assets.’’ work. Another former First Lady, Jacqueline to work around the clock to eliminate In 1992, a shipment of 1.7 tons of MOX Kennedy Onassis once said, ‘‘If you bungle the possibility of that ever happening. nuclear material from France to Japan raising your children, I don’t think whatever And yet by permitting the transport was escorted by a Japanese Coast else you do well matters very much.’’ of MOX over open seas, obviously we Guard vessel. This time, the public I hope that we can all reflect on all the sac- are providing terrorists one more ave- does not know what sort of a dedicated rifices our mothers made for us throughout the nue of attack for getting access to the Naval vessel or vessels are escorting years. A mother’s love is unending and her nuclear materials they have so long the ships. arms are always open. I wish all mothers a coveted. The Pentagon concluded in its own Happy Mothers Day this weekend. Indeed, the OECD Nuclear Energy assessment of sea shipments of pluto- f Agency said that the risk of hijacking nium that ‘‘even if the most careful a ship carrying nuclear materials, precautions are observed, no one could HOUSE RESOLUTION 402 while small, could not be ruled out. guarantee the safety of the cargo from The SPEAKER pro tempore. Under Madam Speaker, piracy has become a security incident, such as an attack the Speaker’s announced policy of Jan- an obvious problem around the globe. on the vessel by small, fast craft, espe- uary 6, 2009, the gentleman from Amer- So far this year just in the waters of cially armed with modern anti-ship ican Samoa (Mr. FALEOMAVAEGA) is Somalia alone, pirates have attacked missiles.’’ recognized for 60 minutes. 61 ships. More than a dozen of those Madam Speaker, thus the transport Mr. FALEOMAVAEGA. Madam vessels remain in the pirates’ hands to of this nuclear waste poses not only Speaker, I rise today on behalf of my- this very day. One of them, a Ukrain- the environmental hazard we have long self and my good friend and colleague, ian cargo ship, actually contained mili- been concerned about, but also a non- the gentleman from New Jersey, Mr. tary equipment—33 battle tanks. trivial terrorist or even nuclear danger CHRISTOPHER SMITH, as we have intro- Madam Speaker, I have no doubt that as well. duced a resolution condemning the everyone here remembers the recent I ask my colleagues, is the practice transport of certain types of nuclear hijacking of the Maersk Alabama off of transporting these lethal nuclear waste, commonly known as mixed the Somali coast, and the heroic ac- waste materials across international oxide fuel, containing plutonium and tions of Captain Richard Philips and waters worth the risk? I say absolutely uranium, through international wa- his crew of 21 members. The ship was not. ters. And we urge the countries that captured by four Somali pirates on It’s time for the countries of the produce the waste to keep such nuclear April 8 last month. The captain surren- world that produce nuclear waste to waste within their borders. dered himself to ensure the safety of keep it within their own borders. That his crew, only to end up in a lifeboat will be a first step. b 1830 with the pirates for 4 days while the Madam Speaker, make no mistake, Madam Speaker, last month two FBI attempted to negotiate his release. transport of nuclear materials even British-flagged vessels left France with Thankfully, Captain Richard Philips within a country’s borders poses seri- 1.8 tons of plutonium bound for Japan. was rescued on April 12, but our Navy ous risks. Nuclear fuel is dangerous They are scheduled to arrive in port at SEALs, justifiably, had to kill three of stuff. According to the Nuclear Infor- some point this month. From what has the hostage-takers. In the aftermath of mation and Resource Service, ‘‘A per- been made public, the shipment is to that event, Somali pirates have issued son standing 3 feet from unshielded ir- travel via the Cape of Good Hope, threats to specifically target American radiated fuel would receive a lethal ra- across the southern Indian Ocean, then interests in this region. diation dose in 10 seconds.’’ Moreover, through the Tasman Sea between Aus- We know that it doesn’t cost much to the shipping containers in which radio- tralia and New Zealand, and then hire a band of Somali pirates and that active waste are transported over land through the southwest Pacific Ocean, they are not fussy about their clien- typically are designed to withstand, at and finally to Japan. tele. While the ships in question may most, a 30-mile per hour crash into an The plutonium itself is contained not sail over Somali waters, they will immovable object. within what is commonly known as likely pass through the Straits of Ma- I am certain that every Member of MOX fuel, a toxic mixture of pluto- lacca, the vital link between the Indian this Chamber studiously obeys the nium and uranium oxide. The MOX will and Pacific Oceans. speed limits, but I am not aware of too be used by Japanese electric utilities But make no mistake, those straits many highways with a speed limit of 30 to power their nuclear energy plants. are plied by their own bands of pirates. miles an hour. What I find particularly Madam Speaker, mixed oxide fuel Indeed, according to the International disconcerting is that the Nuclear Regu- containing plutonium and uranium is Maritime Bureau, these and nearby wa- latory Commission has not tested these legal. The release of even a small ters have been ranked the world’s most shipping casks. Instead, the commis- amount of it during transport over dangerous sea routes. In the year 2004, sion depends on the reliability of com- thousands of miles of open sea, whether 40 percent of all pirate attacks in the puter simulations. as a result of accidents or malicious in- world took place in the Straits of Ma- A Nuclear Information and Resource tent, would cause serious health and lacca and nearby Indonesian waters. Service fact sheet also states, ‘‘The environmental harm to surrounding Of course, terrorists need not hire pi- more severe an accident, the more like- areas. That has always been made rates to do their dirty work. In the ly that radioactive material would be clear. year 2002, al Qaeda operatives rammed released into the environment.’’ A low-

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5389 speed accident could unseat a valve or is important for you and the American b 1845 damage a seal, releasing radioactive people to hear. But I think INS will come in, and particulates into the environment. The One of the pieces of subject matter they will enforce it against me as an same event could crack the brittle that has been very little debated in employer. metal tubing around the fuel.’’ this Congress, at least in this new 111th And so I complied with the law be- In response to a 2001 Baltimore rail Congress, and was not debated in any cause, first, I believe in the rule of law. accident involving dangerous chemi- kind of depth whatsoever in the Presi- I think it is an obligation to adhere to cals, Senate Majority Leader HARRY dential race after the nominations the rule of law. If you don’t like the REID of Nevada said, ‘‘Everyone needs came from both the Democrat and Re- law, it isn’t something that Americans to recognize that transporting dan- publican Party is the issue of immigra- should be doing by ignoring it; we gerous materials is very difficult. The tion. should comply with it. But if we don’t leaking hydrochloric acid in Baltimore As we move along here complacently, like it, we should set about trying to I am aware there are pieces being is nothing compared to the high-level change it. That is the process. That is moved behind the scenes to arrange a radioactive waste proposed for the the system, Madam Speaker. Yucca Mountain site 100 miles north- situation so this Congress could poten- And I did comply with it. In fact, I west of Las Vegas. A speck the size of tially be taking up, I call it a com- agreed with the component of it of the prehensive amnesty bill. And if anyone a pinpoint would kill a person. What enforcement side. And so when we had doubts where I stand, I am opposed to we should do with nuclear waste is job applicants come in my office, from amnesty in all of its forms. I lived leave it where it is.’’ that point on after the 1986 amnesty through the amnesty bill in 1986. I re- Madam Speaker, even just within our bill was signed, I took a copy of their vered Ronald Reagan, and I still do. own domestic borders, we have become drivers license, I took their other data. There were very few times I disagreed a deeply divided nation concerning the I brought out the I–9 file and had them with him. But the day he signed the storage of nuclear waste materials fill out an I–9 form. And we took the amnesty bill in 1986 was a day I dis- within our own country. Years ago in copies of their identification material agreed. and we attached it to the I–9 form and its so-called infinite wisdom, Congress At that time I was operating a busi- put that in a file. And to this day—I’m decided to build a multibillion-dollar ness that I had founded over a decade not sure that I can, but I think I can go storage facility at Yucca Mountain in earlier. I was compelled to comply with the State of Nevada. Were the people or the Federal directive that came from back and find some of those original the residents of Nevada ever given an the 1986 amnesty bill. It was the INS at records, however dusty they might be. opportunity to have a say in the proc- the time, the Immigration and Natu- I kept those records. I kept it right be- ess, despite strong objections from its ralization Service, and the requirement cause I believed in the rule of law. I be- congressional delegation and State was this. There were about a million lieved in the Federal law. I believed the government officials? people in the United States illegally government, when the Federal Govern- If I were a resident of Nevada, I that would be granted amnesty, and ment told Americans—and that means would certainly object to the whole President Reagan was straight up hon- those who are here legally and illegally idea of other States shipping their nu- est with us. He called it amnesty, and and those who might come here—that clear waste and materials into my it was. It was amnesty for about a mil- they were going to enforce immigra- backyard. The question that comes to lion people. And the trade-off was this: tion law to the letter, I believed them. mind, Madam Speaker, what town, the conclusion that the Congress had And I adhered to that immigration law what city, what rural farm areas are come to and President Reagan had to the letter. going to be used or designated for ship- come to was we really couldn’t enforce But since that time, the immigration ments by truck, by train, by car, by the law effectively enough to clean up enforcement was, I will say, as high airplanes? What guarantees are there the problem of the people that were il- then, from a concentrated basis, as it that these shipments are not going to legally in the United States, and so be- has been since. And since 1986, the en- be subjected to terrorist attacks or cause we couldn’t clean that mess up forcement of American immigration even by accident? by enforcing the law, we would just law has diminished incrementally over Remember the oil spill of Valdez in solve the problem by legalizing those that period of time. I think it was more Alaska, Madam Speaker? Everybody million people that were here illegally, effective under Ronald Reagan than it said it was absolutely safe to conduct grant them a permanent status here in was under the first George Bush. I such shipments of oil. Well, it hap- the United States, grandfather them think it was more effective under the pened, and the same thing can also be in, so to speak. But from that point first George Bush than it was under said if nuclear waste materials were forward, Madam Speaker, from the Bill Clinton. And I think it was more shipped from other States to Yucca point forward from when Ronald effective under Bill Clinton than it was Mountain in the State of Nevada. Reagan signed the amnesty bill of 1986, under George W. Bush as President, Madam Speaker, I could not agree there was to be a major commitment Madam Speaker. And I think George more with our majority leader, Senator on the part of the Federal Government W. Bush’s enforcement at this point HARRY REID, expressing his concerns. I to enforce our immigration laws under has been more effective than it has urge my colleagues to join me and Con- the idea that in order to pass amnesty been under this current administration gressman SMITH in calling for an end to out of this Congress, there needed to be of President Obama, under the direc- this even more dangerous and in my a commitment to, from that point for- tion of the Secretary of the Depart- opinion needless practice of shipping ward, enforcing the rule of law. ment of Homeland Security, Janet MOX nuclear waste materials over the The argument that came was this. It Napolitano. open oceans. I ask my colleagues to was that we can’t make it work be- I think if you would graph on a chart support House Resolution 402. cause we have a million people here, the worksite raids, the actual interdic- f but from here on we’re going to enforce tion of people that are unlawfully in the law, and we’re going to enforce the the United States, the deportations, IMMIGRATION law aggressively. So the amnesty of the prosecutions, the data that’s there The SPEAKER pro tempore. Under 1986 was to be the amnesty to end all on a proportional basis, I think you the Speaker’s announced policy of Jan- amnesties. would find what I have described. Im- uary 6, 2009, the gentleman from Iowa President Reagan signed the bill with migration enforcement has declined (Mr. KING) is recognized for 60 minutes. that in mind, that there would be en- over the last 20-something years, per- Mr. KING of Iowa. Madam Speaker, I forcement. And his administration was haps 23 years. And I don’t know that it appreciate being recognized and joining responsible for the duration of his term has reached a bottom at this point. I my colleagues here on the floor of the in office, a couple of years, to do the hope it has; I hope it turns around and House of Representatives and for an op- enforcement. And I, sitting there as an goes the other way. portunity to address you and an oppor- employer in 1986, am thinking a prom- But we have learned a lesson from tunity to convey some thoughts that ise to enforce the law does not equate the 1986 Amnesty Act, the amnesty to are going on in my mind that I think it into enforcing the law. end all amnesties. It would be the last

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5390 CONGRESSIONAL RECORD — HOUSE May 7, 2009 time we would ever do this. And now, how virtue gets compromised and never not so much by analysis—and they get from that point forward, we were going reclaimed. It’s like someone goes into to bring in people on the family reuni- to enforce immigration law so that we a store and shoplifts a candy bar and fication plan. And one person might controlled who comes into the United they get caught. Do they say, well, I’ll bring in more than 250 in the family re- States and who stays out of the United never do it again? What do you think unification plan, and that formula goes States. Madam Speaker, you can’t be a the odds are that they will do it again? on and on and on ad infinitum. Nation without borders. You can’t call Once they’ve lost their virtue, if they But let’s just imagine that there are them borders if you don’t enforce bor- tell a lie, how likely is it that someone 1.2 million people lined up outside this ders. You can’t have borders that you who has told lies habitually all of a door, and once a year we open the door can claim are enforced unless you de- sudden will decide, no, I am going to be and let them all in and then we close cide who comes in and who stays out, virtuous now? People do have epiph- the door when we get to 1.2 million. unless you decide what products and anies, but classes of people, nationali- That is a lot of people to bring into the materials come in and which products ties and cultures don’t have epiphanies. United States of America. And it is a stay out. They react to real external stimuli. huge endeavor to seek to assimilate But we are, today, a Nation that has They react to enforcement at the bor- and adapt our economy to that many had such a flood of illegal immigration. der. They react to enforcement at a people coming into this country. By And we have actually had at least six worksite. They react to a culture and a the way, our birth rate is a little bit to more amnesties since then, and smaller civilization that either adheres to the the plus side. So every time we lose ones, than the large 1986 Amnesty Act. rule of law or it doesn’t. somebody, there is more than one baby And they were generally designed to One of the great strengths of Amer- born. And that’s a good thing; I want provide amnesty to the people that we ica has always been that we had great to see our population grow on a natural missed or forgot in 1986. And by the respect for the rule of law and that ev- basis. way, the 1 million people in 1986 actu- eryone was subject to equal justice So 1.2 million people coming into the ally turned out to be over 3 million under the law and that we enforce the United States legally, but there is an- people from the Amnesty Act of ’86 be- law without regard to whether you other lineup out there that, every year cause, one is, we have always under- were a prince or a pauper. In fact, we we open the door, in come 1.2 million, estimated the numbers of illegals that rejected princes and royalty here in but a few more people get into the line we have in the United States. And the this country. We want everyone to that’s outside. And so there are, not in other is that, even though there was a have an equal opportunity, but we have real numbers, but practically speaking, direct line cutoff date—if you were in to decide who comes in and who doesn’t roughly a decade-supply of people out the United States before a particular come in. there lined up wanting to come into date you would qualify, if you arrived We have the most generous immigra- the United States legally. here illegally after that date, you did tion policy anywhere in the world. While this is going on, we have ap- not—well, there was a massive amount There is no country out there that can proximately 11,000 illegal border-cross- of fraud. There was an entire industry match their immigration policy up to ers sneaking into the United States on that was developed that came about in the United States and argue that their average on a given night, 11,000—rough- order to defraud the ’86 Amnesty Act. borders are more open, that they are ly 4 million a year coming into the So our 1 million—which maybe was too more accommodating. No one takes in United States. That’s 4 million, 11,000 a low a number estimate in the first more refugees. No one provides more night, twice the size of Santa Anna’s place—grew to 3 million because it was asylum. No one allows in more raw Army that invaded Texas, twice the underestimated, and it certainly didn’t numbers of legal immigrants and no size, every single night, coming into consider how much fraud there would one does so in a greater percentage of the United States. Some go back on be. their population than we do here in the their own; some stay. And so the raw Well, today, we have a large body of United States of America. That is just net numbers is something that we have people in the United States, Madam the legal side. No one is better than we a little trouble agreeing on what that Speaker, that are looking simply at are. The rest of the world criticizes us, might be. But 4 million illegal border- this Nation from the standpoint of but none of them can match up to the crossers coming into the United States, what affects their bottom line, what af- United States for being generous in 1.2 million legal entrants into the fects their life, what affects the safety providing legal access to this great Na- United States. That is the ratio that and security of them and their own tion of liberty, the United States of we are working with. households, how does it affect their in- America. If we can shut off the bleeding at the vestments, their profitability, and And while that is going on, legal im- border, shut off the bleeding into the their futures. And we have a large migration in the United States, it runs United States that is coming in group of people here in this Congress about 1.1 to 1.3 million a year—a huge through all of the ports of entry that that are doing a political calculation number, 1.1 to 1.3 million a year legal we have in the United States and seal on what kind of political power does it immigration. And the argument that I that down, we have already created give them if we would just grant am- hear is, well, the lines are too long. slots for other folks to assimilate into nesty to the 12 or 20 or more million There are people that have been in line this society and assimilate into this that are here in the United States for 10 or 12 years wanting to come into culture. Four million people a year il- today—some of those that promised the United States legally, and we have legally coming into the United States, they would come to the streets to dem- to do something to shorten these lines. 1.2 million coming in legally, and the onstrate last Sunday, and not very Well, there are some solutions to that, argument is, well, let’s go ahead and many of them showed up, and those I presume, Madam Speaker. If your legalize all of these people. So maybe that promise they will go to the streets idea was only to shorten the line so there are 12—the other side will allow next Sunday, and we will see how many people didn’t have to wait to come into 12 million as an estimate, but they’ve of them will show up. the United States, you could just open been using 12 million illegals in Amer- But once you grant amnesty and you up the door wider and in would come ica every year since I have been in this say you will never do it again, Madam the people that are in the line. If you Congress and this is the seventh. Now, Speaker, you lose your virtue. When do that, more people will get in the you do not have to be, I will call it a you lose your virtue, you can’t get it line. ‘‘rocket surgeon’’ to figure this out— back. You can’t say in 1986, well, I But let’s just think of a line of, let’s and that’s not a mistake—you don’t don’t know how to solve this problem say, 1.2 million people lined up to come have to be a rocket surgeon to figure of 1 million illegal people in the United into the United States, all through, out that if you have 4 million people States, so I am just going to legalize say, this door, Madam Speaker. And we coming into the United States illegally them and that solves the problem, I no process their paperwork, we do back- every year and you do that for 7 years longer have any illegals in America. ground checks on them, we evaluate in a row, the math on that turns out to But I am never doing it again. And I whether they’re the kind of people we be about 28 million—some go back guess I’m thinking of some images of want to come here or not—by formula, home, some die, yes. But for 12 million

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5391 illegals to have been here in 2002 and this turnstile and we will take your across the southern border, an accumu- only 12 million illegals to be here in identification and give us your birth lation of 20 to 30 million illegals in 2009 and having 4 million of them com- certificate from Mexico or El Salvador, America. And in that huge human hay- ing in every single year defies any- or wherever it might be, Guatemala stack are the needles that are the body’s logic to think that that 12 mil- perhaps, and we will give you an iden- criminals, the drug dealers, the mur- lion is a static number. It has to have tity here in the United States of Amer- derers that are hidden within that huge grown. Or if for some reason that I ica, how will we know that that’s their human haystack of humanity. And the don’t understand it’s not growing, I real identity? Many don’t have birth idea on the part of this administration would like to have somebody explain to certificates in their home country, and the previous administration and, me how we got to the 12 million in the they don’t maybe know where they by the way, the idea on the part of the first place. When did they come, at were born, they can’t prove it if they Republican nominee for President as what ratio? do know. And so we would grant an well, was we’re going to grant them The reality is we know, Madam identification to 12 or 20 or 30 million amnesty and then when we legitimize Speaker, the number is more than 12 people, give them a path to citizenship, all of this huge human haystack, then million. It is very likely more than 20 and all they would need to do is attest we will be able to sort the needles out million. It could be 30 million. But I that they were someone. Now, why of the haystack. am hearing people—on the other side of would we imagine they would attest That, Madam Speaker, is an impos- the aisle, in particular—argue, well, we that they were only one of someone? sibility. Conceptually, it’s an impos- can solve this illegal immigration Wouldn’t they also walk through that sibility to take the idea that you’re problem, we will just grant them— turnstile two or three times to get going to let people have a path to citi- don’t call it amnesty, we’ll redefine it, multiple identities? zenship and you’re going to give them we’ll call it something else. Many of them are doing it now. Many documents that allow them to legally That, Madam Speaker, was an in- of them are taking on the identity of travel back and forth between the tense debate that I had with Karl Rove. some American. The identity theft side United States and any other country. I advised him, you will not be able to of this thing—and by the way, when The US–VISIT program is only half redefine the term amnesty. It is am- somebody steals your identity, you are operational. We keep track of who nesty if you reduce the penalty. It’s never done. You never can come back comes into America, but we don’t keep amnesty if you don’t apply the penalty to be the person you were again be- track of who goes out of America. that applies at the time they com- cause you never know, when out there I tested this one evening down on a mitted the crime. But his argument in society, your Social Security, your border crossing on the Mexican border was, well, what if we require them to driver’s license, those IDs that are and just simply was there observing pay a fine and learn English? If they breeder documents that are paths to what was going on. And I can recall paid a $1,000 fine—I think we’re up to a the equivalency of citizenship aren’t people coming through there that our $1,500 fine—and if they learned English being used. You might catch the person Border Patrol knew, our Customs and or if they took English classes—that that stole your identity, but you never border protection people knew. So they we pay for with taxpayer dollars— know how many people picked up your would say, yes, and they’d take their wouldn’t you then say it’s not am- identity and transferred it along the card, swipe it through the US–VISIT nesty? Because, after all, some of them way; how many people might be work- computer, and it would register the would actually even pay some of their ing underneath your Social Security identity that was on the card. That back taxes by the legislation that they number. identity matched the face of the driver. offered. They would be able to choose 3 The driver took off. I stood there a out of the last 5 years that they pay b 1900 while longer, and maybe an hour or an their back taxes. What American cit- But if we would grant this amnesty, hour and a half later, the same car izen wouldn’t want to have that oppor- and I have actually forgotten the term came back, the same individual in it, tunity to look back over the last 5 that they use because ‘‘amnesty’’ is the drove right on south out back into years and skip the best 2 years you had most descriptive term. If we would Mexico. And so I said, ‘‘You swiped her and decide not to pay your taxes in grant this, we would see 12, 20, maybe card coming in, checked her ID, showed those 2 years and put the cash in the 30 million people line up and ask for me how that worked. You didn’t swipe bank? Stick it into this giant ATM their path to citizenship. Now, we don’t her card going out?’’ that they view America as and just se- know who they are but we’ve given ‘‘No, we don’t keep track of that.’’ lect the 3 worst years out of the last 5 them identification. We can’t do a In a few places I understand we do and pay the tax on that, have some- background check on them because we pilot programs, but we don’t keep body pay for your classes to learn can’t verify who they are in the first track of that. So we don’t have a sys- English. And then the tax savings that place. So now we have into our system, tem. We can’t get a system up to deal you get you could pay a $1,500 fine in let’s say, 20 million, 20 million people with the people that have proper docu- order to get amnesty. So you wouldn’t into our system who have been granted mentation today to keep the computer call it amnesty because there was a some kind of a legal status, and this database of who came into the United penalty involved. legal status isn’t indexed into anything States, who left out of the United Madam Speaker, this is a breath- they did in the past because, after all, States, and then the balance in the taking concept for me. I can’t get nobody is going to come forward and middle, those that came in minus those there. I can’t get my logical mind say, ‘‘Oh, yeah, I was a felon in Guada- that left will be the list of names of around the idea either that we could lajara.’’ The criminals will not come people that are here. We can’t even get solve this illegal problem and the forward and identify themselves. So we that done. So instead we would legiti- crime and the drug smuggling that is will have purified the ID of people that mize 20 or 30 million people, give them associated with it if we would just le- would come here and accessed the iden- that path to citizenship, tell ourselves galize people. And they keep making tification through this amnesty pro- that somehow out of this haystack of this argument. And I have yet to find gram. We’d given them legitimate humanity we’ll be able to ferret out anybody that can sustain the argument identification that allows them to the criminals and the drug dealers and past the opening statement of, well, we travel anywhere they want to anytime the violent people that are there. All can solve this problem; at least if we they want to. And the crooks are not the while in this stream of humanity legalize them, we will know who’s com- going to line up and tell us that they comes 90 percent of the illegal drugs in ing and who’s going, we’ll know who’s are crooks. So the idea that we could America, Madam Speaker, 90 percent here. They can’t get to the second keep track of them is a false and spe- coming into the United States across phase of that analysis; how would you cious dream because the people we our southern border and all the human know who’s here? How would you know want to keep track of are not going to carnage that goes with that, the dam- they told you the truth in the first step up and volunteer to be tracked. age to our families, the damage to our place when you granted them amnesty? So what we have today are 4 million productivity, the loss in lives, the chil- If you said, all of you come through illegal border crossings a year pouring dren that are abused, the wives and

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5392 CONGRESSIONAL RECORD — HOUSE May 7, 2009 sometimes less often the husbands that net for those illegal drugs is the mar- States to be distributed in my neigh- are violently assaulted by their spouse, ket here. The market here is allowed borhood, across all neighborhoods in their boyfriend, their significant other, and created because we have drug abus- America. These things are going on at whatever arrangement it might be, the ers in America, and lots of them, and a huge price in American lives, blood, children that are abused that come be- they spend a lot of money in a year. and treasure altogether. And the price cause of methamphetamines and be- The Drug Enforcement people tell me that we pay here in this country is cause of marijuana and because of her- they don’t know that answer. I say high, but the price that they have paid oin and because of crack cocaine and they’ve got the data and they can fig- in Mexico, at least as published in the because of cocaine itself. Those drugs, ure it out. If they can’t, I will. news, is perhaps higher yet. And we do the marijuana, which often is a gate- But in any case, the loss to this econ- not have a full approach to what we way drug to the drugs that incite a omy is huge. And when the Mexican need to do about illegal drugs in Amer- higher level of violence, this damage to Members of Congress sit down in my ica. America’s society is high. It’s high in office and they begin to talk to me We talk about comprehensive immi- terms of dollars and lost productivity. about the violence in Mexico that’s gration reform. Madam Speaker, what It’s high in terms of human suffering. brought about by the drug trade, I have about comprehensive illegal drug re- It’s high in terms of human life. to concede to them the point that it is form? When we look at this thing from And, Madam Speaker, I will be con- the demand for illegal drugs in the a broader basis, first of all, I will sug- tinuing to press our Drug Enforcement United States that brings about the vi- gest that as long as we have people Agency and all of the relevant agencies olence because of the profit that’s asso- coming across our border legally and to give me the numbers on what the ciated with smuggling drugs into the illegally to the tune of 4 million cost is to this economy, what is the United States. illegals a year, and I don’t know the street value of the illegal drugs in the Now, we also know that the meth- legal crossing numbers, but 4 million United States of America. They can amphetamine production in the United illegal crossings a year, and of that give me a number that tells me about States has been reduced to a minimum number roughly 11,000 a night, drugs how much is profit that goes south, but because we have passed some legisla- being smuggled in in that stream, and they don’t seem to want to be able to tion that could have been better, and the stream itself, whether they are in- give me a number on how much is some of the States have made it better, volved in other illegal activity other spent on illegal drugs in the United that shuts down the pseudoephedrines than the crime of coming into the States of America. that are the feedstock to make United States, they become a shield, a I can tell you about how much money methamphetamines. So, in Iowa, we habitat, a way of protecting the stream is wired out of the United States into have a good law that has taken a lot of of illegal drug smugglers that are oper- the rest of this hemisphere, almost all that out of the local drug labs. It’s not ating all over the United States. And of it south, and it works out to be this: perfect yet. We make them jump when I ask the Drug Enforcement peo- $60 billion a year ago, $60 billion wired through a lot of hoops. They still make ple what would happen if magically to- from the United States into points some meth in Iowa, not as much as morrow morning everyone woke up in south. Half of it into Mexico, $30 billion they used to. Now maybe that number their own country, a place where they into Mexico, $50 billion into Mexico is 95 percent of the methamphetamine were legal, what if we had no illegals in over the last 2 years. That’s billion in Iowa comes from Mexico, a higher America magically tomorrow morning, with a ‘‘b,’’ not trillion with a ‘‘t.’’ Bil- number than 90 because we make it what would happen to the illegal drug lion with a ‘‘b.’’ But $30 billion, and an- harder for them to make it in Iowa. distribution system in the United other $30 billion that went into the They have made it harder to make it in States? And their answer has consist- Caribbean and into South America. So some of the other States, including Or- ently been that will suspend imme- $60 billion out of this economy. A lot of egon and, I believe, Oklahoma and diately illegal drug distribution in it came from wages that were earned, other States. America because it’s at least one link, some by legal immigrants that are But another piece of information and every distribution chain is a link here, and they have a perfect right to that I gather is that Mexico, and they that’s forged by an illegal in the wire their earned money wherever they advised me down there that they have United States. Sometimes every link is want to wire their earned money, and I done this, that it’s a matter of public an illegal link, but they’re forging will defend that. But it’s a drain out of policy, and I applaud them for it, and these links. At least one link in every this economy. And coupled with that that is for the beginning of the year illegal drug distribution chain is an il- are the billions of dollars that are 2008, they outlawed the importation of legal immigrant that’s here transfer- wired out of the United States in wages pseudoephedrines in Mexico so that ring drugs. that are earned illegally, and coupled there would not be a feedstock coming And I won’t argue this, so I will say with that are the billions of dollars into Mexico for them to manufacture this first hypothetically: If we had full that are laundered and wired out of the methamphetamines with. They allowed enforcement of our immigration laws United States of America that are people that had it in their possession overnight, we would shut off illegal being paid for by illegal drugs that are to use it or market it, get rid of it by drug distribution overnight, Madam the street value of illegal drugs in the the end of 2008. And by the beginning of Speaker. Now, that’s not to say that United States of America. That’s the 2009, it’s now illegal to possess those distribution chains wouldn’t be number I don’t have. That’s the num- pseudoephedrine in Mexico because it reconstructed, that there wouldn’t be ber I’m going to press until I get, is a feedstock that they use to produce illegal drug distribution manufac- Madam Speaker, because we can then methamphetamines. That’s a couple of turing entrepreneurs that would fill start to make some decisions on the big pieces of legislation and a strong that demand, because the demand does broader parameters of having a knowl- commitment on the part of the Mexi- exist. It exists here in the United edge base of the big picture. cans to reduce the production of States, but the profit is going to Mex- So the big picture, with blanks in it, methamphetamines in Mexico, much of ico. is our economy loses $60 billion a year which comes into the United States. So we have about two choices on that’s wired south, much of it from Now, the gap becomes orders that are this, or I will say there are three wages, and I think a significant portion ginned up in size, overblown in their choices: We can ramp up the interdic- legitimate, legal wages, people’s volume. They come into the United tion to the point where it raises the choices, $60 billion going that way. States through various means, and I transaction costs so high that bringing There’s a profit margin of around $25 won’t speak to those means. Then the it into the United States would get so billion on illegal drugs in the United pseudoephedrines that are illegal in costly that it would cease. That’s one States of America. About 90 percent of Mexico that can’t be imported into thing that we can do. those illegal drugs come across the bor- Mexico any longer get smuggled into And another thing that we could do der with Mexico. Many of those drugs Mexico from the United States, con- would be to turn up the drug testing in originate in countries south of Mexico verted into methamphetamines there, the United States, thinking of it in and travel through Mexico. The mag- and brought back into the United these terms: If every employer had a

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5393 drug-free workplace, if every employer ment, post accident, reasonable sus- And we think of the three large enforced a drug-free workplace policy, picion and random drug testing; those universes of this society, the work- if the employers actually initiated four components are the tools that all force, the welfare rolls, the educational drug testing within their workforce in employers should have and do need to institutions and the students and fac- four different categories, if they had guarantee a drug-free workplace. Now ulty there. We have covered everyone preemployment testing—so let’s just think of a world that instead of $25 bil- in America and given them a random say at the H.R. department if one sits lion in profit going to drug lords south risk, I am not talking about doing this down for a job interview and the em- of the border, wherever they might be as putting them all in the same pool, I ployer interviews them and they come south of the border, if all of this human am talking about on a voluntary basis to this conclusion that they’d like to carnage of the death and the violence for the employers to do that, especially hire them and they say, all right, I that comes from the drug abuse itself, in the private sector, move through want you to come to work for me on of the crime and the death and the vio- this, build this institutionally, and at a Monday morning, but conditional to lence that comes with the struggle, point we then, we have cleaned up the this I am going to have to run your fighting over whose drug turf, whose workforce, we have cleaned up the wel- numbers and your data through E- profit, whose illegal border crossing is fare roles. We have cleaned up the edu- Verify to make sure that you’re legal. going to be controlled, instead of that, cational institution, three huge b 1915 all that could go away. universes of this society and civiliza- All of that could go away if we re- tion, and the result of it, who would be And the second thing that you will stigmatize drug abuse in America, if we have to do is to comply with the drug left? Who would be left to be on drugs? increase the testing in these categories And the answer is nobody except test. So I will set you up. We have got that I have said, preemployment, post those who are dealing and those who this little clinic here that works with accident, reasonable suspicion, random are stealing. It’s a lot easier for law en- us, and we will run over there, you can drug testing, if we did all four of those, forcement to focus on the dealers and do the test. You pass the test, you pass and if private sector employers chose stealers if we provide the deterrent for the E-Verify, you can come in Monday to do so, to clean up their worksite and everybody else in those huge spheres in morning and punch the time clock. to lower their insurance premiums, and this society, this culture, this econ- Congratulations. to improve the work area so that they That would be a good process. Some omy. That would, this proposal that I hired a better class of employees. If companies do this. In fact many com- have laid out here, would shut down that happened, if government tested in panies in Iowa do this, with the excep- dramatically the demand for illegal a random fashion so that we were sub- tion of the E-Verify component, they drugs in the United States. ject, that would be a deterrent for have to actually hire them before they If we did that, then we would see many people who might otherwise be can use E-Verify. And that needs to fewer illegal border crossings. We experimenting with drugs. So if we test change, Madam Speaker, but the pre- wouldn’t see the death and the destruc- employment, all employment, and I am employment drug test is an important tion in Mexico as they fight over who not talking about a Federal mandate, I tool, and employers can with that is going to sell drugs, because the mar- screen their employees so they are hir- am talking about setting a scenario up ket would be drying up here in the ing drug-free employees at least at the where we provide the right incentives United States. We have got to dry this moment that they hire them. so this can actually happen, so work- market up and if we can’t dry the mar- Three other categories of drug test- place drug testing, welfare drug test- ket up on illegal drugs in America, ing need to fall into this. Post-accident ing—why would we be granting people then we get to William F. Buckley’s so- testing, if you have an employee, and the benefit of someone else’s labor lution, which is capitulate and legalize. he is involved in an accident of any through handing tax dollars out to wel- I am not there yet, and I say yet be- kind, whether it’s his fault or not. If fare benefits, to people who are enabled cause I think it’s worth establishing there is a personal injury, if there is a to take the day off and do drugs all day the rule of law, it’s worth reestab- property damage, then an employer because they are not working? And so lishing it. It’s worth enforcing on the needs to have a policy, a workplace we give them rent subsidy, heat sub- border. It’s worth enforcing in our drug-testing policy, that will test that sidy, food stamps, the whole list of worksite. It’s worth enforcing across employee on the basis that if there is title 19. The list goes on, allows them the streets of America and the high- an accident, there is a sign there that’s to abuse drugs all day, and they don’t ways of America. We ought to have ef- an indicator. have to work. forts that are effective, and we should So you would have preemployment Why wouldn’t we say, as a condition reward the people that enforce the law. testing, you would have post-accident to our help that is to be a safety net for But if we should fail to do that, and testing, you would have to have rea- those that are in need, and, hopefully, if we are unable to implement a policy sonable suspicion testing, and that is a transition into the workforce is that would be workplace drug testing, when you have trained supervisory per- where we want them, we are going to then at some point all the violence sonnel that are qualified, that can require that you submit yourself to a that comes with this, drugs that we watch the behavior patterns of the em- random drug test. There would be a lot have today, is a mirror of what hap- ployees. And under that legitimate of people that would no longer be on pened back during the prohibition era evaluation, send those employees off welfare. For a couple of reasons. One of of the Roaring Twenties, when this for a drug test that are showing the them is we wouldn’t provide them that country came to a conclusion they signs of drug abuse. That’s the third welfare if they were on drugs. We couldn’t enforce a prohibition on alco- way. would pull the plug and send them off hol, and that the violent crime that And the fourth way, and I think it’s to rehab if they failed that. That’s an- was coming with it, and then the non- most effective, is random drug testing, other equation. violent crime, was so great that they where it’s the same system we have for Or many of them will just decide I would rather tolerate the alcohol than our certified, our certified driver’s lican’t live this illegal drug life any tolerate the violence. censes, our CDLs, of which I carry one. longer, I am going to have to get a job I am not there. We have a tolerance And if you are going to drive an over because they are going to test me even- level built into this civilization that’s the road truck today you have to have tually, and they will transition off of the United States of America that ac- an up-to-date physical, and you have to welfare and into work. So if we test in cepts the idea that if we don’t see it in have a logbook, and you also have to be the workplace, we test in welfare, the front of us every day, we are not going in the random drug testing pool so that other place to test is in educational in- to score the carnage. But the carnage when they pull your number, when the stitutions. Yes, that includes our col- is high. The loss in lives is high. The random generator number kicks your leges and universities, includes our loss of lives even at the hands of illegal number out, you go in and you give a schools to almost every degree, and it aliens to Americans is very, very high. sample, and you get tested. includes the employees that are there We have had a number of witnesses So you have four ways of workplace as well if we had a random drug testing come before the Immigration sub- drug testing, they have preemploy- system set up. committee that are surviving family

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5394 CONGRESSIONAL RECORD — HOUSE May 7, 2009 members who have lost a loved one at United States, at least by a legal defi- could trace, a small unit—90 percent the hands of illegal, criminal aliens nition. That was a legal definition that came from the United States—but of who had been interdicted by law en- expired a few years ago, rightfully so, all the guns, about 17 percent did. forcement. Law enforcement had en- because you cannot define an assault My point is, Madam Speaker, that countered them, perhaps knew they weapon without defining what it looks American guns are not the major prob- were illegal or chose not to determine, like. lem that Mexico has. The major prob- and released them back on the streets. You can’t define an assault weapon lem Mexico has is the violent drug car- A good number of these perpetrators simply by defining its functionality. tels’ vicious attacks on their competi- that took the lives of Americans had Because the functionality of the things tors and the law enforcement in Mexico been arrested a number of times before. that Wesley Clark and others, those and spilling over into the United That average is a high number that’s who want to take away our Second States. And that violence is rooted in part of a GAO study that was released Amendment rights, those weapons that the extremely high profitability of sell- in May of 2005. And, yet, we still have they declare to be an assault weapon, ing drugs to the United States. local law enforcement that’s told on a when you define them by functionality, The source of that is the demand continual basis that they really don’t they become deer rifles. here in the United States. We’re doing have the right to enforce illegal immi- In fact, the most popular gun to use, nothing about the demand for illegal gration or U.S. immigration law. hunting the varmints in the United drugs. We’re doing something about I, Madam Speaker, I reject that phi- States, the coyotes, is an AR–16, M–16, the smuggling of illegal drugs into the losophy. It is a solid position for local M–16 model .223 in caliber. It’s the United States, very little about the law enforcement to enforce immigra- most popular gun there is. It’s a semi- smuggling of illegal people into the tion law. We passed a 287g program automatic. United States. that sets it up so that local law en- It functions just like anybody’s deer And I will say today, Madam Speak- forcement can receive training and rifle, although it’s a little low in cal- er, that effectively this administration work in direct cooperation of ICE; in iber to be effective as a deer rifle. It’s has suspended worksite enforcement fact, step into the shoes of ICE. That’s just right for hunting coyote. and there has not been a high-profile il- a 287g program. So that’s the kind of weapon that legal immigration rate on an employer That needs to be expanded. It needs Wesley Clark would declare to be an as- in the United States since that one in to be moved forward, as does the E- sault weapon, and it’s the kind of the early part of the Obama adminis- Verify program. And E-Verify needs to weapon that was included in the list of tration that took place on the engine be expand, expanded so that an em- guns that were described by this ad- factory in Washington State. ployer can use it to run his current em- ministration, including the Secretary When that happened, the Secretary ployees through it to verify that the of State herself, that 90 percent of the of Homeland Security said she didn’t people that are working there for him guns used to commit violence in Mex- know about it in advance. She ordered now are lawfully there, not just on the ico are smuggled in from the United an investigation—an investigation of new hires. States, come from the United States. her own people—because she was con- That will be helpful with this. But we That was never a truthful number. It cerned that they might be not fol- need to do much, much more. We need was never an accurate number. The lowing through with the right kind of to enforce our immigration laws, we number is actually not 90 percent, but investigation. need to stop the bleeding at the border. much closer to 17 percent, of the guns I actually have no idea. I just don’t We need to beef up our ports of entry. used in crimes in Mexico are smuggled think she liked the idea of the raid We need to use all technology down into Mexico from the United States. going off and people being deported. there at all locations and continually Most of these guns are legal in the And I’m told—and I think this informa- get better because they are playing a United States. Mexico has different tion is accurate—that at least 28 of chess game against us. They are bring- laws. those illegal employees got work per- ing contraband illegal drugs and other So, we can’t hardly outlaw guns in mits to go back to work in the same products into the United States, even America by following a Mexican law. factory, and that work permit was di- through the legal ports of entry and We have got to defend the Constitu- rected or issued by the Department of through the illegal ports of entry. tion, the Second Amendment, the right Homeland Security. And yet, yet, as I listen and read the to keep and bear arms. So what was that raid worth? Per- news and have discussions with the ad- The Heller decision, which I would haps we will get some prosecution of ministration at the Cabinet level, I see have preferred would have been broad- the employers. But I say this, Madam a shift in priority from the interdiction er, gives an individual a right to per- Speaker, to you for everyone in Amer- of illegal drugs and people coming into sonal protection, not to be denied in an ica to hear. You can not conduct raids the United States across our southern effective fashion by a local jurisdic- on employers, prosecute employers, border to a pivot, almost a full pivot. tion. and do so effectively, punish them for Instead of lining our folks up on the But 17 percent, not 90 percent of the knowingly and willfully hiring illegals, border and guarding against what’s illegal guns, of the guns used in Mexico without identifying the people it is coming from the south, but a turn- came from the United States. The 90 that are working illegally for the em- around and look to the north, to be in percent number came from an evalua- ployer. That part of the raid is essen- a position to intercept legal, Second tion of running a database off of a tial in building the case against the Amendment-defended American guns small segment of guns that were gath- employers. that are going south, that become ille- ered up and confiscated that had been They’re all part and parcel of the gal when they are struggled across the involved, at least picked up with, some same problem. You have to start at the border into New Mexico. people that were committing crimes. base of it. And let’s just say that there Now, I have heard some high-profile And because in the United States we are 1,000 people working in a factory individuals talk about this particular put a serial number on guns, then you and 350 of them are working there ille- issue and one of those individuals can track those guns. gally. Can you go in and pick up the would be General Wesley Clark, who But a lot of the guns that are in Mex- employers and allege that they have il- used to command NATO and is a some- ico don’t have serial numbers. They legal employees without some informa- time presidential candidate. came from other countries and other tion, without some proof, without some So I listened to him talk. He argued continents from around the globe, data? that we were smuggling assault weap- can’t be traced. You go in and you line up the em- ons, illegal assault weapons into Mex- ployees and you run them through the ico and smuggling machine guns into b 1930 check and you verify, You’re illegal, Mexico. So if you take the universe of the you’re illegal. Fine. We’re going to let Madam Speaker, neither one of those guns that have been gathered up in this you go back to work. But those of you statements are true. There is no such battle with the drug cartels and you that we suspect or essentially confirm, thing as an assault weapon in the take a look at them, of those that you we’re not. We’ll build a case against

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5395 you. If you want to voluntarily go back You can write that all off as a business almost administratively, and we could home, here’s your ticket. Go back expense. do this with positive cash flow. home and stay there. But don’t come But when the IRS comes in, runs the Furthermore, Madam Speaker, if we back here again because you’ll be fac- numbers through the data base and the do this, as we see people volunteer to ing a 20-year penalty in a Federal peni- E-Verify kicks them out and says, self-deport because we’ve enforced our tentiary for having once been deported ‘‘Can’t accept that,’’ then they can laws, we will have taken at least the 7 for coming into the United States ille- look at your income tax report and say million working illegals and moved gally. But it happens every day because you can’t write off this $10 an hour plus them on out and made room for 7 mil- we’re not enforcing the law effectively another $1.53 for Social Security. lion who are legal to work in the enough, Madam Speaker. So your $11.53 an hour goes from the United States. But of those that we would gather in expense side of your ledger, where it’s There are over 11 million looking for to that kind of a roundup, those that a tax deduction, presumably over to jobs today. I think the number of are here illegally, working illegally, the profit side of your ledger, where it working illegals is greater than 7 mil- that are guilty of document fraud, also is taxable income. lion. I think it’s greater than 11 mil- bring the case against them, and in the So, in simple terms, a $10 an hour lion. But a Nation that has 11.5 million process of the case, you gather infor- employee denied as an expense by an people that are looking for work, a Na- mation, you get depositions, you get IRS audit because they are illegal be- tion that has 69 million Americans court testimony that tells you how an comes a $16 an hour employee when the that are simply not in the workforce employer is complicit in hiring IRS attaches to that the interest and altogether, that are of working age, we illegals. the penalty, and by the time you pay can find a way to solve this problem. And then, Madam Speaker, we need about a 34 percent corporate income We have to have the determination, to pass the new IDEA Act. The new tax on that fund. we have to have the leadership, we IDEA Act. This is actually the best So an employer would make a ration- have to have the clarity, and we have part of the entire hour because it al decision. They would look at: do I to have the political will. And the only brings to bear a logical approach to a want to pay $10 an hour with an illegal way for the political will to come to problem that has been befuddling Con- employee that I’m confident is illegal, this Congress is if the American people gress for a long time. Congress is only or I at least strongly suspect is, on the contact their Members of Congress; befuddled because we have conflicting chance the IRS will come in and it’s they turn up the heat. If they say, interests—political power over here; going to be a $16 an hour back charge ‘‘Pass the new IDEA Act, turn the IRS more illegals that one day will be vot- for him and the rest of the illegals that loose.’’ They love enforcing their job. ers, but will be counted in the 2010 cen- are working for me, or do I want to Let them help with the immigration sus anyway; and over on this side and transition my employees over to a part of this because they’re in the proc- on this side, those that have a vested legal workforce? ess of collecting the tax liabilities that interest in cheap labor that think they Most employers would decide they are due the United States government can lay the costs or the maintenance would like to pay somebody $12 or $13 anyway, and just cooperate with the off that cheap labor off onto the tax- or $14 an hour who is legal than they Social Security Administration, just payers in the form of welfare that goes would someone $10 an hour who is ille- cooperate with the Department of to those people that are here illegally. gal. Homeland Security. You will solve a All of that goes on, Madam Speaker. That’s how new IDEA works. It uses lot of this internally without having to But the real solution, the most impor- the IRS to come in and enforce the ille- do very many of the worksite raids. tant component, the real solution is gal immigration laws that we have in And, while that’s going on, we can the new IDEA Act. the United States, and it requires the turn the pivot back the other way at The new IDEA does this. It reestab- IRS to set up a cooperative exchange of the border. Let’s intercept the illegal lishes, it clarifies that wages and bene- information with the data that they drugs and people coming into the fits paid to illegals are not deductible gather in their audits with the Social United States. Let’s not have our num- for Federal income tax purposes. It de- Security Administration, who has a ber one focus be trying to intercept nies that write-off as a business ex- whole list of no-work Social Security things that are being smuggled into pense. It allows the IRS to come in and numbers, no-match Social Security Mexico that are legally in the United take the Social Security numbers that numbers, and require those two enti- States—guns and cash. Let’s intercept are there on the form that you file ties, IRS and Social Security, to co- illegal drugs and illegal people. with your income tax, run those Social operate with the Department of Home- If we do all of this, Madam Speaker, Security numbers through the E-Verify land Security, who also has a data base we can solve this drug problem in the program. If they don’t come back than of those who come into the United United States. We can solve the illegal that’s the person who can lawfully States illegally, those who have stolen immigration problem in the United work in the United States, then the IDs and documents, et cetera. States. It is a comprehensive solution. IRS can deny the write-off of that busi- So we would have not only—you al- I advocate for it. ness expense. ways hear the right hand doesn’t know I call upon this Congress to take ac- And so let’s just say you’re an em- what the left hand is doing, but when tion on it, or at least have a legitimate ployer and you’re paying an illegal $10 we put new IDEA in place, it will be debate. If there’s a flaw in my logic, an hour. And if they work 2,000 hours a the right hand of the IRS making sure I’m standing here waiting for that crit- year—and these are numbers I can do that the left hand of the Social Secu- icism. I don’t hear it. the math in my head, maybe, as we go. rity Administration knows what the So I will yield back the balance of So you have paid them $20,000 to do middle hand of the Department of my time. their work, written it off, and your Homeland Security is doing. That’s a payroll calculation—Social Security, three-way; that’s a three-fer. f Medicare, Medicaid, 0765 times 2, 15.3 And that brings together three huge percent added on that, so that’s $306 on American agencies that would be work- $1,000 would be—I should actually back ing in cooperation to give a financial LEAVE OF ABSENCE this number up. incentive through denying tax deduct- By unanimous consent, leave of ab- In any case, you pay Social Security ibility, interest penalty, the risk of the sence was granted to: and Medicare and Medicaid. There may penalties that come from the Depart- Mrs. CAPPS (at the request of Mr. or not be withholding for State and ment of Homeland Security once they HOYER) for today on account of fires Federal income tax. But that write-off have been notified of the IRS’s infor- burning in district. that you would have for the business mation. Mr. HOLT (at the request of Mr. expense would be the $10 an hour, plus So the risk gets greater and greater HOYER) for today. the 15.3 percent of that $10 an hour. So and greater. And employers would Mr. HELLER (at the request of Mr. that’s $1.53 an hour that goes on for So- purge themselves. They would clean up BOEHNER) for today on account of fam- cial Security, Medicare, and Medicaid. their workplace roles. We would do this ily obligations.

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5396 CONGRESSIONAL RECORD — HOUSE May 7, 2009 SPECIAL ORDERS GRANTED cy’s final rule — Approval and Promulgation tion 73.622(i), Final DTV Table of Allot- of Air Quality Implementation Plans; Min- ments, Television Broadcast Stations. (Au- By unanimous consent, permission to nesota; [EPA-R05-OAR-2008-0239; FRL-8896-3] gusta, Georgia) [MB Docket No.: 08-103 RM- address the House, following the legis- April 24, 2009, pursuant to 5 U.S.C. 11441] received April 21, 2009, pursuant to 5 lative program and any special orders 801(a)(1)(A); to the Committee on Energy and U.S.C. 801(a)(1)(A); to the Committee on En- heretofore entered, was granted to: Commerce. ergy and Commerce. (The following Members (at the re- 1661. A letter from the Director, Regu- 1670. A letter from the Secretary, Depart- ment of the Treasury, transmitting a six- quest of Ms. WASSERMAN SCHULTZ) to latory Management Division, Environmental month periodic report on the national emer- revise and extend their remarks and in- Protection Agency, transmitting the Agen- cy’s final rule — Approval and Promulgation gency with respect to Sudan that was de- clude extraneous material:) of Air Quality Implementation Plans; Min- clared in Executive Order 13067 of November Ms. WASSERMAN SCHULTZ, for 5 minnesota; [EPA-R05-OAR-2008-0240; FRL-8896-5] 3, 1997, pursuant to 50 U.S.C. 1641(c); to the utes, today. received April 24, 2009, pursuant to 5 U.S.C. Committee on Foreign Affairs. Ms. WOOLSEY, for 5 minutes, today. 801(a)(1)(A); to the Committee on Energy and 1671. A letter from the Secretary, Depart- Mr. BAIRD, for 5 minutes, today. Commerce. ment of the Treasury, transmitting a six- month periodic report on the national emer- Mr. DEFAZIO, for 5 minutes, today. 1662. A letter from the Director, Regu- latory Management Division, Environmental gency with respect to Syria that was de- Ms. MOORE of Wisconsin, for 5 min- Protection Agency, transmitting the Depart- clared in Executive Order 13338 of May 11, utes, today. ment’s final rule — Approval and Promulga- 2004, pursuant to 50 U.S.C. 1641(c); to the Ms. KAPTUR, for 5 minutes, today. tion of Air Quality Implementation Plans; Committee on Foreign Affairs. Ms. PINGREE of Maine, for 5 minutes, Wisconsin; Finding of Attainment for 1-Hour 1672. A letter from the Program Manager, today. Ozone for the Milwaukee-Racine, WI Area Department of Health and Human Services, transmitting the Department’s final rule — Mr. SCHIFF, for 5 minutes, today. [EPA-R05-OAR-2008-0683; FRL-8895-8] re- State Parent Locator Service; Safeguarding Ms. JACKSON-LEE of Texas, for 5 min- ceived April 24, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Child Support Information (RIN: 0970-AC01) utes, today. received March 23, 2009, pursuant to 5 U.S.C. (The following Members (at the re- Commerce. 1663. A letter from the Director, Regu- 801(a)(1)(A); to the Committee on Ways and quest of Mr. KIRK) to revise and extend latory Management Division, Environmental Means. their remarks and include extraneous Protection Agency, transmitting the Agen- 1673. A letter from the Chief, Publications and Regulations Branch, Internal Revenue material:) cy’s final rule — Approval and Promulgation Service, transmitting the Service’s final rule Mr. POE of Texas, for 5 minutes, May of Implementation Plans, Texas; Revisions — 26 CFR 601.105: Examination of returns and to Particulate Matter Regulations [EPA-R06- 14. claims for refund, credit, or abatement; de- OAR-2005-TX-0028; FRL-8897-3] received April Mr. JONES, for 5 minutes, May 14. termination of correct tax liability. (Also: 24, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to Mr. NEUGEBAUER, for 5 minutes, Part I, 280F; 1.280F-7.) [Rev. Proc. 2009-24] re- the Committee on Energy and Commerce. today. 1664. A letter from the Director, Regu- ceived April 15, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and Mr. ADERHOLT, for 5 minutes, today. latory Management Division, Environmental Means. Mr. BURTON of Indiana, for 5 minutes, Protection Agency, transmitting the Agen- 1674. A letter from the Chief, Publications May 12, 13 and 14. cy’s final rule — Montana: Final Authoriza- and Regulations Branch, Internal Revenue Mr. KIRK, for 5 minutes, today. tion of State Hazardous Waste Management Service, transmitting the Service’s final rule Mr. MORAN of Kansas, for 5 minutes, Program Revision [EPA-R08-RCRA-2009- — TAX EFFECTS OF THE ACQUISITION OF May 12, 13 and 14. 0212;FRL-8895-7] received April 24, 2009, pur- INSTRUMENTS BY THE TREASURY DE- (The following Member (at his re- suant to 5 U.S.C. 801(a)(1)(A); to the Com- PARTMENT UNDER CERTAIN PROGRAMS mittee on Energy and Commerce. PURSUANT TO THE EMERGENCY ECO- quest) to revise and extend his remarks 1665. A letter from the Director, Regu- and include extraneous material:) NOMIC STABILIZATION ACT OF 2008 [No- latory Management Division, Environmental tice 2009-38] received April 15, 2009, pursuant Mr. SHIMKUS, for 5 minutes, today. Protection Agency, transmitting the Agen- to 5 U.S.C. 801(a)(1)(A); to the Committee on f cy’s final rule — New Source Performance Ways and Means. Standards Review for Nonmetallic Mineral 1675. A letter from the Chief, Publications ADJOURNMENT Processing Plants; and Amendment to Sub- and Regulations, Internal Revenue Service, part UUU Applicability [EPA-HQ-OAR-2007- transmitting the Service’s final rule — 26 Mr. KING of Iowa. Madam Speaker, I 1018; FRL-8896-7] (RIN: 2060-AO41) received move that the House do now adjourn. CFR 601.105: Examination of returns and April 24, 2009, pursuant to 5 U.S.C. claims for refund, credit or abatement; de- The motion was agreed to; accord- 801(a)(1)(A); to the Committee on Energy and termination of correct tax liability. (Also ingly (at 7 o’clock and 42 minutes Commerce. Part I, 860D, 860F, 860G, 1001; 1.860G-2, 1.1001- p.m.), under its previous order, the 1666. A letter from the Director, Regu- 3, 301.7701-2,301.7701-3, 301.7701-4.) (Rev. Proc. House adjourned until, Monday, May latory Management Division, Environmental 2009-23) received April 15, 2009, pursuant to 5 11, 2009, at 2 p.m. Protection Agency, transmitting the Agen- U.S.C. 801(a)(1)(A); to the Committee on cy’s final rule — Ocean Dumping; Designa- Ways and Means. f tion of Ocean Dredged Material Disposal 1676. A letter from the Chief, Publications EXECUTIVE COMMUNICATIONS, Sites Offshore of the Umpqua River, Oregon and Regulations, Internal Revenue Service, [EPA-R10-OW-2008-0826; FRL-8893-1] received ETC. transmitting the Service’s final rule — 26 April 24, 2009, pursuant to 5 U.S.C. CFR 601.105: Examination of returns and Under clause 2 of Rule XXIV, execu- 801(a)(1)(A); to the Committee on Energy and claims for refund, credit, or abatement de- tive communications were taken from Commerce. termination of correct tax liability. (Also: the Speaker’s table and referred as fol- 1667. A letter from the Director, Regu- Part I, 911, 1.911-1.) (Rev. Proc. 2009-22) re- latory Management Division, Environmental lows: ceived April 3, 2009, pursuant to 5 U.S.C. Protection Agency, transmitting the Agen- 801(a)(1)(A); to the Committee on Ways and 1658. A letter from the Director, Regu- cy’s final rule — Revisions to the California Means. latory Management Division, Environmental State Implementation Plan, South Coast Air 1677. A letter from the Chief, Publications Protection Agency, transmitting the Agen- Quality Management District [EPA-R09- and Regulations, Internal Revenue Service, cy’s final rule — Penoxsulam; Pesticide Tol- OAR-2008-0502; FRL-8783-5] April 24, 2009, pur- transmitting the Service’s final rule — Non- erances [EPA-HQ-OPP-2008-0526; FRL-8411-9] suant to 5 U.S.C. 801(a)(1)(A); to the Com- conventional Source Fuel Credit, Section received April 24, 2009, pursuant to 5 U.S.C. mittee on Energy and Commerce. 45K Inflation Adjustment Factor, and Sec- 801(a)(1)(A); to the Committee on Agri- 1668. A letter from the Director, Regu- tion 45K Reference Price [Notice 2009-32] re- culture. latory Management Division, Environmental ceived April 3, 2009, pursuant to 5 U.S.C. 1659. A letter from the Director, Regu- Protection Agency, transmitting the Agen- 801(a)(1)(A); to the Committee on Ways and latory Management Division, Environmental cy’s final rule — Toxics Release Inventory Means. Protection Agency, transmitting the Agen- Form A Eligibility Revisions Implementing 1678. A letter from the Chief, Publications cy’s final rule — Lead; Minor Amendments the 2009 Omnibus Appropriations Act [TRI- and Regulations Branch, Internal Revenue to the Renovation, Repair, and Painting Pro- 2009-0216;FRL-8897-4] (RIN: 2025-AA25) re- Service, transmitting the Service’s final rule gram [EPA-HQ-OPPT-2005-0049; FRL-8405-3] ceived April 24, 2009, pursuant to 5 U.S.C. — Section 48 A&B Audit Techniques Guide (RIN: 2070-AJ48) received April 24, 2009, pur- 801(a)(1)(A); to the Committee on Energy and Advanced Coal and Gasification Project suant to 5 U.S.C. 801(a)(1)(A); to the Com- Commerce. Credits General Statement and Description mittee on Energy and Commerce. 1669. A letter from the Chief of Staff, Media of IMD Document [LMSB-4-0209-005] received 1660. A letter from the Director, Regu- Bureau, Federal Communications Commis- March 30, 2009, pursuant to 5 U.S.C. latory Management Division, Environmental sion, transmitting the Commission’s final 801(a)(1)(A); to the Committee on Ways and Protection Agency, transmitting the Agen- rule — In the Matter of Amendment of Sec- Means.

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5397 1679. A letter from the Chief, Publications and the President’s notification and certifi- Technology, Rules, and Oversight and Gov- and Regulations, Internal Revenue Service, cation before the transfer or release of an in- ernment Reform, for a period to be subse- transmitting the Service’s final rule — dividual currently detained at Guantanamo quently determined by the Speaker, in each Qualifying Advanced Coal Project Program Bay, Cuba, to a location in the United case for consideration of such provisions as [Notice 2009-24] received April 8, 2009, pursu- States, and for other purposes; to the Com- fall within the jurisdiction of the committee ant to 5 U.S.C. 801(a)(1)(A); to the Committee mittee on Armed Services. concerned. on Ways and Means. By Mr. FARR (for himself, Ms. GRANG- By Mr. YARMUTH (for himself, Mr. 1680. A letter from the Chief, Publications ER, Ms. PINGREE of Maine, and Mr. BOUSTANY, Mr. CROWLEY, Ms. and Regulations, Internal Revenue Service, DELAHUNT): SCHWARTZ, and Mr. KING of New transmitting the Service’s final rule — 2009 H.R. 2295. A bill to assist local commu- York): Calendar Year Resident Population Esti- nities with closed and active military bases, H.R. 2301. A bill to amend title XVIII of the mates [Notice 2009-21] received March 30, and for other purposes; to the Committee on Social Security Act with respect to treat- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Armed Services. ment of didactic and scholarly activities and Committee on Ways and Means. By Mr. KING of Iowa (for himself and training in outpatient settings for purposes 1681. A letter from the Chief, Publications Mr. SPACE): of payment for graduate medical education and Regulations Branch, Internal Revenue H.R. 2296. A bill to reform the Bureau of under the Medicare Program; to the Com- Service, transmitting the Service’s final rule Alcohol, Tobacco, Firearms, and Explosives, mittee on Ways and Means, and in addition — Election and Notice Procedures for Multi- modernize firearms laws and regulations, to the Committee on Energy and Commerce, employer Plans under Sections 204 and 205 of protect the community from criminals, and for a period to be subsequently determined WRERA [Notice: 2009-31] received March 30, for other purposes; to the Committee on the by the Speaker, in each case for consider- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Judiciary, and in addition to the Committee ation of such provisions as fall within the ju- Committee on Ways and Means. on Ways and Means, for a period to be subse- risdiction of the committee concerned. 1682. A letter from the Chief, Publications quently determined by the Speaker, in each By Ms. SHEA-PORTER (for herself, Mr. case for consideration of such provisions as and Regulations, Internal Revenue Service, HODES, and Mrs. KIRKPATRICK of Ari- transmitting the Service’s final rule — An- fall within the jurisdiction of the committee zona): nouncement and Report Concerning Advance concerned. H.R. 2302. A bill to amend title 10, United Pricing Agreements — received March 30, By Mr. MCGOVERN (for himself and States Code, to limit recoupments of separa- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mrs. EMERSON): tion pay, special separation benefits, and H.R. 2297. A bill to require the President to Committee on Ways and Means. voluntary separation incentive from mem- 1683. A letter from the Commissioner, So- call a White House Conference on Food and bers of the Armed Forces subsequently re- cial Security Administration, transmitting Nutrition; to the Committee on Agriculture, ceiving retired or retainer pay; to the Com- the Administration’s plan for recovery pay- and in addition to the Committee on Rules, mittee on Armed Services. ments, pursuant to the American Recovery for a period to be subsequently determined By Mr. LEWIS of Georgia (for himself, and Reinvestment Act of 2009; to the Com- by the Speaker, in each case for consider- Mr. RANGEL, and Mr. mittee on Ways and Means. ation of such provisions as fall within the ju- FALEOMAVAEGA): 1684. A letter from the Acting Secretary, risdiction of the committee concerned. H.R. 2303. A bill to amend the Internal Rev- Department of Health and Human Services, By Mr. YARMUTH (for himself, Mr. enue Code of 1986 to eliminate the restriction transmitting the Department’s report on the SAM JOHNSON of Texas, Ms. LINDA T. on reducing Federal income tax refunds for Fiscal Year 2006 Low Income Home Energy SA´ NCHEZ of California, and Mr. past-due State income tax obligations of out- Assistance Program in accordance with sec- ROSKAM): tion 2610 of the Omnibus Budget Reconcili- H.R. 2298. A bill to amend the Internal Rev- of-state residents in the case of States with ation Act (OBRA) of 1981, as amended; joint- enue Code of 1986 to increase the exclusion reciprocal agreements with the Federal Gov- ly to the Committees on Energy and Com- for employer-provided dependent care assist- ernment to reduce State income tax refunds merce and Education and Labor. ance; to the Committee on Ways and Means. for Federal income tax obligations; to the Committee on Ways and Means. f By Mr. RUSH (for himself, Ms. CORRINE BROWN of Florida, Mr. COHEN, Mr. By Mr. BOREN (for himself, Mr. REPORTS OF COMMITTEES ON ISRAEL, Mr. CLAY, Mr. ORTIZ, Ms. BOUSTANY, Mr. TAYLOR, Mr. SKELTON, and Mr. CONAWAY): PUBLIC BILLS AND RESOLUTIONS FUDGE, Mr. MOORE of Kansas, Mr. H.R. 2304. A bill to amend title 10, United Under clause 2 of rule XIII, reports of BARROW, Mr. CROWLEY, Mr. ROSS, Ms. LEE of California, Mr. CLYBURN, Mr. States Code, to direct the Secretary of De- committees were delivered to the Clerk JOHNSON of Georgia, Ms. JACKSON- fense to prohibit the unauthorized use of for printing and reference to the proper LEE of Texas, Mr. TOWNS, Ms. names and images of members of the Armed calendar, as follows: CLARKE, Mr. CUMMINGS, Mr. CLEAVER, Forces; to the Committee on Armed Serv- Mr. FILNER: Committee on Veterans’ Af- Mr. WEINER, Mr. MCDERMOTT, Ms. ices. fairs. H.R. 23. A bill to amend title 38, United EDWARDS of Maryland, Mrs. By Mr. GOODLATTE (for himself, Ms. States Code, to direct the Secretary of Vet- TAUSCHER, Mr. PERLMUTTER, Ms. HERSETH SANDLIN, Mr. SMITH of erans Affairs to establish the Merchant Mar- KAPTUR, and Mr. LANGEVIN): Texas, Mr. BOUCHER, Mr. GALLEGLY, iner Equity Compensation Fund to provide H.R. 2299. A bill to amend the Small Busi- Mr. KING of Iowa, Mr. FRANKS of Ari- benefits to certain individuals who served in ness Act to enhance services to small busi- zona, Mr. POE of Texas, Mr. HARPER, the United States merchant marine (includ- ness concerns that are disadvantaged, and Mr. BLUNT, Mr. CONAWAY, Mrs. ing the Army Transport Service and the for other purposes; to the Committee on BLACKBURN, Mr. ROHRABACHER, Mrs. Naval Transport Service) during World War Small Business. MILLER of Michigan, Mr. BURTON of II; with an amendment (Rept. 111–99). Re- By Mr. BISHOP of Utah (for himself, Indiana, Mrs. MYRICK, Mr. BILBRAY, ferred to the Committee of the Whole House Mr. PRICE of Georgia, Mr. LAMBORN, Mr. LAMBORN, Mr. BOOZMAN, Mr. on the State of the Union. Mr. SCALISE, Mr. CONAWAY, Mr. SUL- FORTENBERRY, Mr. HELLER, Mr. NEUGEBAUER, Mr. SHERMAN, Mr. SEN- f LIVAN, Mr. BROUN of Georgia, Mr. CHAFFETZ, Ms. FALLIN, Mr. FLEMING, SENBRENNER, Mr. BARTLETT, Mr. SUL- PUBLIC BILLS AND RESOLUTIONS Mr. YOUNG of Alaska, Ms. FOXX, Mr. LIVAN, and Mr. CANTOR): Under clause 2 of rule XII, public FRANKS of Arizona, Mr. GINGREY of H.R. 2305. A bill to amend the Immigration and Nationality Act to eliminate the diver- bills and resolutions of the following Georgia, Mrs. LUMMIS, Mr. MARCHANT, Mr. MCKEON, Mr. sity immigrant program; to the Committee titles were introduced and severally re- NEUGEBAUER, Mr. PITTS, Mr. SIMP- on the Judiciary. ferred, as follows: SON, Mr. HELLER, Mr. POE of Texas, By Mr. DICKS: By Mr. BOEHNER (for himself, Mr. Mr. LEE of New York, Mr. WESTMORE- H.R. 2306. A bill to provide for the estab- CANTOR, Mr. PENCE, Mr. MCCOTTER, LAND, Mr. BURTON of Indiana, Mr. lishment of a National Climate Service, and Mrs. MCMORRIS RODGERS, Mr. REHBERG, Mr. ALEXANDER, Mr. GOOD- for other purposes; to the Committee on CARTER, Mr. SESSIONS, Mr. MCCARTHY LATTE, Mr. CASSIDY, Mr. RADANOVICH, Science and Technology. of California, Mr. DREIER, Mr. BLUNT, Mr. LATTA, Mr. MCCAUL, Mr. SES- By Mr. GENE GREEN of Texas (for Mr. MCHUGH, Mr. HOEKSTRA, Mr. SIONS, Mr. BOOZMAN, and Mr. THORN- himself and Mr. UPTON): SMITH of Texas, Mr. KING of New BERRY): H.R. 2307. A bill to amend title XVIII of the York, Ms. ROS-LEHTINEN, Mr. LEWIS H.R. 2300. A bill to provide the United Social Security Act to provide Medicare of California, Mr. YOUNG of Florida, States with a comprehensive energy package beneficiaries with access to geriatric assess- Mr. WOLF, Ms. GRANGER, Mr. SHU- to place Americans on a path to a secure eco- ments and chronic care management and co- STER, Mr. BROWN of South Carolina, nomic future through increased energy inno- ordination services, and for other purposes; Mr. FLEMING, Mr. SIMPSON, Mr. COLE, vation, conservation, and production; to the to the Committee on Energy and Commerce, Ms. FALLIN, and Mr. AUSTRIA): Committee on Ways and Means, and in addi- and in addition to the Committee on Ways H.R. 2294. A bill to require the approval of tion to the Committees on Natural Re- and Means, for a period to be subsequently the relevant State governor and legislature sources, Energy and Commerce, Science and determined by the Speaker, in each case for

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5398 CONGRESSIONAL RECORD — HOUSE May 7, 2009 consideration of such provisions as fall with- other purposes; to the Committee on Natural By Mr. CUELLAR (for himself, Mr. in the jurisdiction of the committee con- Resources. RODRIGUEZ, Mr. ORTIZ, Mr. GENE cerned. By Ms. BALDWIN (for herself, Mr. GREEN of Texas, Mr. HINOJOSA, Mr. By Mr. COHEN (for himself, Mr. OBEY, Mr. KAGEN, Ms. MOORE of Wis- EDWARDS of Texas, Mr. GONZALEZ, WHITFIELD, and Mr. SHERMAN): consin, Mr. RYAN of Wisconsin, Mr. Mr. MCCAUL, Mr. AL GREEN of Texas, H.R. 2308. A bill to amend title 18, United KIND, Mr. SENSENBRENNER, and Mr. Mr. DOGGETT, Mr. SESSIONS, Mr. States Code, to prohibit certain interstate PETRI): BRADY of Texas, Ms. EDDIE BERNICE conduct relating to exotic animals and cer- H.R. 2317. A bill to authorize the President JOHNSON of Texas, Mr. HALL of Texas, tain computer-assisted remote hunting, and to posthumously award a gold medal on be- Mr. CULBERSON, Ms. JACKSON-LEE of for other purposes; to the Committee on the half of the Congress to Robert M. La Texas, Mr. REYES, Mr. POE of Texas, Judiciary. Follette, Sr., in recognition of his important Mr. THORNBERRY, Mr. HENSARLING, By Mr. RUSH (for himself, Ms. contributions to the Progressive movement, Mr. OLSON, Mr. NEUGEBAUER, Mr. SCHAKOWSKY, and Ms. MATSUI): the State of Wisconsin, and the United CARTER, Mr. SAM JOHNSON of Texas, H.R. 2309. A bill to provide authority to the States; to the Committee on Financial Serv- Mr. CONAWAY, Mr. MARCHANT, Ms. Federal Trade Commission to expedite ices. GRANGER, and Mr. SMITH of Texas): rulemakings concerning consumer credit or By Ms. BALDWIN (for herself, Mr. H.R. 2325. A bill to designate the facility of debt and to direct the Commission to exam- OBEY, Mr. KAGEN, Ms. MOORE of Wis- the United States Postal Service located at ine and promulgate rules with regard to debt consin, Mr. RYAN of Wisconsin, Mr. 1300 Matamoros Street in Laredo, Texas, as settlement and automobile sales, and for KIND, Mr. SENSENBRENNER, and Mr. the ‘‘Laredo Veterans Post Office’’; to the other purposes; to the Committee on Energy PETRI): Committee on Oversight and Government and Commerce. H.R. 2318. A bill to require the Secretary of Reform. By Mr. LARSEN of Washington (for the Treasury to mint coins in commemora- By Mr. ENGEL (for himself and Mr. himself, Mr. KIRK, Mrs. DAVIS of Cali- tion of Robert M. La Follette, Sr., in rec- BARTLETT): fornia, and Mr. ISRAEL): ognition of his important contributions to H.R. 2326. A bill to promote the national H.R. 2310. A bill to authorize assistance to the Progressive movement, the State of Wis- security and stability of the United States small- and medium-sized businesses to pro- consin, and the United States; to the Com- economy by reducing the dependence of the mote exports to the People’s Republic of mittee on Financial Services. United States on foreign oil, and for other China, and for other purposes; to the Com- By Mr. BLUMENAUER (for himself, purposes; to the Committee on Energy and mittee on Foreign Affairs, and in addition to Mr. FILNER, Mrs. DAVIS of California, Commerce. the Committee on Small Business, for a pe- Mr. SCHRADER, Mr. WALDEN, Mr. By Mr. HENSARLING (for himself, Mr. riod to be subsequently determined by the DEFAZIO, Mr. WU, Mr. KIND, Mr. BURGESS, Mr. BISHOP of Utah, Mr. Speaker, in each case for consideration of KAGEN, Mr. AL GREEN of Texas, and KLINE of Minnesota, Mr. CONAWAY, such provisions as fall within the jurisdic- Mr. YOUNG of Alaska): Mr. SHADEGG, Mr. PITTS, Mr. GAR- tion of the committee concerned. H.R. 2319. A bill to amend the Internal Rev- RETT of New Jersey, Mr. BRADY of By Mr. KIRK (for himself, Mr. LARSEN enue Code of 1986 to make all veterans eligi- Texas, Mr. MCKEON, Mr. GINGREY of of Washington, Mrs. DAVIS of Cali- ble for home loans under the veterans mort- Georgia, Mr. OLSON, Mr. GOHMERT, fornia, and Mr. ISRAEL): gage revenue bond program; to the Com- Mr. POE of Texas, Mr. FLEMING, Mrs. H.R. 2311. A bill to provide for increased mittee on Ways and Means. LUMMIS, Mr. MARCHANT, Mr. funding and support for diplomatic engage- By Mr. BOREN: NEUGEBAUER, Mr. POSEY, and Ms. ment with the People’s Republic of China; to H.R. 2320. A bill to authorize the Secretary FOXX): the Committee on Foreign Affairs. of the Army to retain funds collected from H.R. 2327. A bill to preserve consumer By Mr. ISRAEL (for himself, Mr. recreation fees at Lake Texoma to repair choice and access to credit and enhance con- LARSEN of Washington, Mr. KIRK, and flood-damaged recreation facilities; to the sumer disclosures; to the Committee on Fi- Mrs. DAVIS of California): Committee on Transportation and Infra- nancial Services. H.R. 2312. A bill to authorize the Secretary structure. By Mr. HIGGINS (for himself, Mr. of Energy to make grants to encourage co- By Mr. BRADY of Texas (for himself, REICHERT, Mr. ARCURI, and Mr. operation between the United States and Mrs. BLACKBURN, Mr. BOUSTANY, Ms. MCHUGH): China on joint research, development, or GINNY BROWN-WAITE of Florida, Ms. H.R. 2328. A bill to amend the Internal Rev- commercialization of carbon capture and se- FALLIN, Mr. GINGREY of Georgia, Mr. enue Code of 1986 to allow a credit against questration technology, improved energy ef- HENSARLING, Mr. HERGER, Mr. SAM income tax for the installation of residential ficiency, or renewable energy sources; to the JOHNSON of Texas, Mr. LAMBORN, Mrs. micro-combined heat and power property; to Committee on Energy and Commerce, and in LUMMIS, Mr. MARCHANT, Mr. MCCLIN- the Committee on Ways and Means. addition to the Committee on Science and TOCK, Mr. OLSON, Mr. PENCE, Mr. By Mr. KISSELL: Technology, for a period to be subsequently PITTS, Mrs. SCHMIDT, Mr. SHADEGG, H.R. 2329. A bill to amend the Internal Rev- determined by the Speaker, in each case for and Mr. SHIMKUS): enue Code of 1986 to extend the deduction for consideration of such provisions as fall with- H.R. 2321. A bill to continue the applica- certain expenses of elementary and sec- in the jurisdiction of the committee con- tion of certain procedures in the House of ondary school teachers; to the Committee on cerned. Representatives applicable to medicare fund- Ways and Means. By Mrs. DAVIS of California (for her- ing legislation, and for other purposes; to the By Mr. LAMBORN: self, Mr. KIRK, Mr. LARSEN of Wash- Committee on Rules. H.R. 2330. A bill to direct the Secretary of ington, and Mr. ISRAEL): By Mr. BRALEY of Iowa (for himself, the Interior to carry out a study to deter- H.R. 2313. A bill to support programs that Mr. COURTNEY, Mr. LOEBSACK, and mine the suitability and feasibility of estab- offer instruction in Chinese language and Mr. HARE): lishing Camp Hale as a unit of the National culture, and for other purposes; to the Com- H.R. 2322. A bill to amend section 18 of the Park System; to the Committee on Natural mittee on Education and Labor. Richard B. Russell National School Lunch Resources. By Mr. ABERCROMBIE (for himself Act to establish a pilot program that re- By Mr. LATTA: and Ms. HIRONO): quires schools to post nutritional content in- H.R. 2331. A bill to amend the Internal Rev- H.R. 2314. A bill to express the policy of the formation regarding foods served at schools enue Code of 1986 to waive the 10 percent United States regarding the United States and to teach students how to make healthy penalty on distributions from qualified re- relationship with Native Hawaiians and to food selections, and for other purposes; to tirement plans for mortgage payments on provide a process for the recognition by the the Committee on Education and Labor. qualified residences and in respect of unem- United States of the Native Hawaiian gov- By Mrs. CAPPS (for herself, Ms. MAT- ployment and to increase the age at which erning entity; to the Committee on Natural SUI, and Ms. BALDWIN): distributions from qualified retirement plans Resources. H.R. 2323. A bill to direct the Secretary of are required to begin from 70 1/2 to 75; to the By Mr. AUSTRIA (for himself, Mr. Health and Human Services to develop a na- Committee on Ways and Means. LATTA, Mr. TIBERI, Mr. JORDAN of tional strategic action plan to assist health By Mr. MCMAHON (for himself, Mr. Ohio, and Mrs. SCHMIDT): professionals in preparing for and responding SARBANES, and Mr. CONNOLLY of Vir- H.R. 2315. A bill to prohibit the use of funds to the public health effects of climate ginia): to transfer enemy combatants detained at change, and for other purposes; to the Com- H.R. 2332. A bill to amend the Peace Corps Naval Station, Guantanamo Bay, Cuba, to mittee on Energy and Commerce. Act and the National and Community Serv- facilities in Ohio or to construct facilities in By Mr. CASTLE (for himself, Mrs. ice Trust Act to increase the affordability of Ohio for such enemy combatants; to the MCCARTHY of New York, Mr. ISRAEL, medical education; to the Committee on Committee on Armed Services. Mr. KIRK, Mr. CONNOLLY of Virginia, Education and Labor, and in addition to the By Mr. BACA (for himself and Mrs. and Mr. SMITH of New Jersey): Committee on Foreign Affairs, for a period NAPOLITANO): H.R. 2324. A bill to require criminal back- to be subsequently determined by the Speak- H.R. 2316. A bill to direct the Secretary of ground checks on all firearms transactions er, in each case for consideration of such pro- the Interior to conduct a study of water re- occurring at gun shows; to the Committee on visions as fall within the jurisdiction of the sources in the State of California, and for the Judiciary. committee concerned.

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5399 By Ms. NORTON: entitlement of the Corporation under the President Barack Obama should imme- H.R. 2333. A bill to establish a District of Alaska Native Claims Settlement Act; to the diately work to reverse damaging and illegal Columbia National Guard Educational As- Committee on Natural Resources. actions taken by the Bush/Cheney Adminis- sistance Program to encourage the enlist- By Mr. BROUN of Georgia (for himself, tration and collaborate with Congress to ment and retention of persons in the District Mr. CANTOR, Mr. NEUGEBAUER, Mr. proactively prevent any further abuses of ex- of Columbia National Guard by providing fi- TAYLOR, Mr. WESTMORELAND, Mr. ecutive branch power; to the Committee on nancial assistance to enable members of the JORDAN of Ohio, Mr. BURTON of Indi- the Judiciary, and in addition to the Com- National Guard of the District of Columbia ana, Mr. ALEXANDER, Mr. SOUDER, mittees on Armed Services, Foreign Affairs, to attend undergraduate, vocational, or tech- Mr. MCHENRY, Mr. FLEMING, Mr. and Intelligence (Permanent Select), for a nical courses; to the Committee on Armed PITTS, Mrs. BLACKBURN, Mr. period to be subsequently determined by the Services. MARCHANT, Mr. MCKEON, Mr. Speaker, in each case for consideration of By Ms. NORTON: GINGREY of Georgia, Ms. FALLIN, Mr. such provisions as fall within the jurisdic- H.R. 2334. A bill to extend to the Mayor of HUNTER, Mr. PENCE, Mr. SCALISE, Mr. tion of the committee concerned. the District of Columbia the same authority SHUSTER, Mr. WHITFIELD, Mr. TIAHRT, By Mr. BOUSTANY (for himself, Mr. over the National Guard of the District of and Mr. ROGERS of Alabama): YARMUTH, Mr. ROGERS of Kentucky, Columbia as the Governors of the several H.J. Res. 50. A joint resolution proposing Mr. ALEXANDER, Mr. FLEMING, Mr. States exercise over the National Guard of an amendment to the Constitution of the CAO, Mr. JONES, Mr. CASSIDY, Mr. those States with respect to administration United States relating to marriage; to the DAVIS of Kentucky, Mr. WHITFIELD, of the National Guard and its use to respond Committee on the Judiciary. Mr. BOSWELL, Mr. CHANDLER, Mr. to natural disasters and other civil disturb- By Mr. GOHMERT (for himself, Mr. GUTHRIE, Mr. SCALISE, Mr. WEST- ances, while ensuring that the President re- ROONEY, Mr. CANTOR, Mr. JORDAN of MORELAND, Mr. SULLIVAN, Mr. ROSS, tains control of the National Guard of the Ohio, Mr. HUNTER, Mr. POE of Texas, and Mr. WALZ): District of Columbia to respond to homeland Mr. BROUN of Georgia, Mr. FLEMING, H. Res. 418. A resolution congratulating defense emergencies; to the Committee on Mrs. LUMMIS, Mr. PITTS, Mr. Jockey Calvin Borel for his victory at the Oversight and Government Reform, and in LAMBORN, Mr. MARCHANT, Mr. BRADY 135th Kentucky Derby; to the Committee on addition to the Committee on Armed Serv- of Texas, Mr. POSEY, and Mr. Oversight and Government Reform. ices, for a period to be subsequently deter- GINGREY of Georgia): By Mr. HASTINGS of Florida (for him- mined by the Speaker, in each case for con- H.J. Res. 51. A joint resolution proposing self, Ms. JACKSON-LEE of Texas, Ms. sideration of such provisions as fall within an amendment to the Constitution of the EDDIE BERNICE JOHNSON of Texas, the jurisdiction of the committee concerned. United States to permit the penalty of death Mrs. CHRISTENSEN, Mrs. NAPOLITANO, By Mr. OBERSTAR (for himself and for the rape of a child; to the Committee on and Ms. LEE of California): Mr. THOMPSON of Mississippi): the Judiciary. H. Res. 419. A resolution fostering resil- H.R. 2335. A bill to amend title 49, United By Mr. BROUN of Georgia (for himself, ience in African American youth; to the States Code, to direct the Secretary of Mr. WESTMORELAND, Mr. FORBES, Mr. Committee on Energy and Commerce. Homeland Security to carry out a program PENCE, Mr. GINGREY of Georgia, Mr. By Mr. LATTA: to ensure fair treatment in the security FRANKS of Arizona, Mr. JORDAN of H. Res. 420. A resolution celebrating the screening of individuals with metal implants Ohio, Mr. WAMP, Mr. LAMBORN, Mr. symbol of the United States flag and sup- traveling in air transportation; to the Com- GOHMERT, Mr. MARCHANT, Mr. porting the goals and ideals of Flag Day; to mittee on Homeland Security. CARTER, Mr. AKIN, and Mr. the Committee on Oversight and Govern- By Mr. PERLMUTTER (for himself, MCCOTTER): ment Reform. Mrs. BIGGERT, Mr. BLUMENAUER, Mr. H. Con. Res. 121. Concurrent resolution en- By Mr. ROE of Tennessee (for himself ELLISON, Mr. FRANK of Massachu- couraging the President to designate 2010 as and Mr. DUNCAN): setts, Mr. GUTIERREZ, Mr. HODES, Mr. ‘‘The National Year of the Bible‘‘; to the H. Res. 421. A resolution recognizing and ISRAEL, Mr. MARKEY of Massachu- Committee on Oversight and Government commending the Great Smoky Mountains setts, Mrs. MCCARTHY of New York, Reform. National Park on its 75th year anniversary; Mr. MCNERNEY, Mr. SHERMAN, Mr. By Mr. PAYNE (for himself and Mr. to the Committee on Natural Resources. SIRES, Ms. TSONGAS, and Mr. HIMES): BILIRAKIS): By Ms. SUTTON (for herself, Mr. H.R. 2336. A bill to encourage energy effi- H. Con. Res. 122. Concurrent resolution ex- KUCINICH, Ms. FUDGE, Mr. RYAN of ciency and conservation and development of pressing the sense of the Congress that the Ohio, Ms. KILROY, Mr. WILSON of renewable energy sources for housing, com- Parthenon Marbles should be returned to Ohio, Mr. SPACE, and Mr. BOCCIERI): mercial structures, and other buildings, and Greece; to the Committee on Foreign Affairs. H. Res. 422. A resolution congratulating to create sustainable communities; to the By Mr. DREIER (for himself, Mr. PRICE LeBron James for being named the 2009 Most Committee on Financial Services. of North Carolina, Mr. CONAWAY, Mr. Valuable Player in the National Basketball By Mr. TEAGUE (for himself and Mr. SHUSTER, and Ms. SCHWARTZ): Association; to the Committee on Oversight H. Res. 414. A resolution expressing the REYES): and Government Reform. H.R. 2337. A bill to direct the Secretary of sense of the House of Representatives that By Mr. WAMP: Transportation to make grants for certain the United States should initiate negotia- H. Res. 423. A resolution expressing support transportation feasibility studies for south- tions to enter into a free trade agreement for a national day of remembrance for the ern New Mexico and west Texas; to the Com- with the country of Georgia; to the Com- workers of the nuclear weapons program of mittee on Transportation and Infrastruc- mittee on Ways and Means. the United States; to the Committee on ture. By Mr. POMEROY: Oversight and Government Reform. By Mr. TIAHRT (for himself, Mr. H. Res. 415. A resolution commending the HERGER, Mr. ROGERS of Michigan, heroic efforts of the people fighting the f and Mr. BURTON of Indiana): floods in North Dakota and Minnesota; to H.R. 2338. A bill to prohibit any alien for- the Committee on Transportation and Infra- MEMORIALS merly detained at the Department of Defense structure. Under clause 4 of Rule XXII, memo- detention facility at Naval Station, Guanta- By Mr. LEWIS of Georgia (for himself, rials were presented and referred as fol- namo Bay, Cuba, and brought into the Mr. MARKEY of Massachusetts, Ms. lows: United from receiving any Federal, State, or BORDALLO, Ms. LEE of California, Mr. local public benefit; to the Committee on DAVIS of Illinois, Mr. HONDA, Ms. 42. The SPEAKER presented a memorial of Oversight and Government Reform. MATSUI, Mr. MORAN of Virginia, Mr. the State Senate of Michigan, relative to By Ms. WOOLSEY: GRIJALVA, Ms. JACKSON-LEE of Texas, Senate Resolution No. 31 TO URGE CON- H.R. 2339. A bill to establish a program and Mr. RANGEL): GRESS TO ENACT A WAIVER OR EXCLU- that supports the efforts of States to provide H. Res. 416. A resolution expressing the SION FOR YOUTH MOTORCYCLES, ALL- partial or full wage replacement to new par- sense of the House of Representatives that TERRAIN VEHICLES, AND SNOWMOBILES ents, so that the new parents are able to the United States should become an inter- FROM THE LEAD REQUIREMENTS OF spend time with a new infant or newly adopt- national human rights leader by ratifying THE CONSUMER PRODUCT SAFETY IM- ed child, and to other employees, and for and implementing certain core international PROVEMENT ACT AND TO ENCOURAGE other purposes; to the Committee on Edu- conventions; to the Committee on Foreign THE CONSUMER PRODUCT SAFETY COM- cation and Labor. Affairs, and in addition to the Committee on MISSION TO EXCLUDE THOSE PRODUCTS By Mr. YOUNG of Alaska: the Judiciary, for a period to be subse- UNDER THEIR REGULATORY AUTHOR- H.R. 2340. A bill to resolve the claims of quently determined by the Speaker, in each ITY; to the Committee on Energy and Com- the Bering Straits Native Corporation and case for consideration of such provisions as merce. the State of Alaska to land adjacent to fall within the jurisdiction of the committee 43. Also, a memorial of the State Senate of Salmon Lake in the State of Alaska and to concerned. Michigan, relative to Senate Resolution No. provide for the conveyance to the Bering By Ms. BALDWIN: 21 TO MEMORIALIZE THE UNITED Straits Native Corporation of certain other H. Res. 417. A resolution expressing the STATES CONGRESS AND THE U.S. ARMY public land in partial satisfaction of the land sense of the House of Representatives that CORPS OF ENGINEERS TO FULLY FUND

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE H5400 CONGRESSIONAL RECORD — HOUSE May 7, 2009

THE EXPANSION OF THE SHIPPING H.R. 1034: Mr. PITTS. H.R. 1470: Mr. HOLT. LOCKS AT SAULT STE. MARIE; to the H.R. 1053: Mr. PLATTS. H.R. 1476: Mr. BERMAN. Committee on Transportation and Infra- H.R. 1054: Mr. PITTS, Mr. SMITH of Ne- H.R. 1479: Mr. GRIJALVA and Mr. COHEN. structure. braska, Mr. KLINE of Minnesota, Mr. H.R. 1485: Mr. MITCHELL. CHAFFETZ, and Mr. DEAL of Georgia. H.R. 1490: Mr. BERRY and Ms. DEGETTE. f H.R. 1055: Mr. DEAL of Georgia. H.R. 1521: Mr. ROSS, Mr. BOEHNER, Mr. POE PRIVATE BILLS AND H.R. 1064: Mr. THOMPSON of Mississippi, Ms. of Texas, and Mr. ROYCE. H.R. 1523: Ms. WOOLSEY. RESOLUTIONS FUDGE, Ms. RICHARDSON, Mr. DOYLE, Mr. HARE, Mr. SHERMAN, and Mr. TOWNS. H.R. 1528: Mr. KIND. Under clause 3 of rule XII, H.R. 1067: Mr. FLEMING and Mr. ALTMIRE. H.R. 1530: Mr. KIND. H.R. 1545: Mr. PAULSEN, Mr. FLEMING, Mr. Mr. FRANK of Massachusetts introduced a H.R. 1074: Mr. CANTOR, Mrs. LUMMIS, Mr. MANZULLO, Mr. LANCE, Mr. TIBERI, Mr. bill (H.R. 2341) for the relief of Paul Green; DUNCAN, Mr. GUTHRIE, and Mr. CHAFFETZ. LATOURETTE, Mr. GERLACH, Mr. REICHERT, which was referred to the Committee on the H.R. 1077: Ms. ROYBAL-ALLARD and Mr. Mr. CAO, Mr. BARTLETT, Mr. DENT, Mr. KIRK, Judiciary. LATHAM. H.R. 1093: Mr. DUNCAN, Mr. TERRY, and Mr. Mr. CHAFFETZ, Mr. HUNTER, and Mr. WILSON f RODRIGUEZ. of Ohio. H.R. 1547: Mr. CUMMINGS, Mr. CONNOLLY of ADDITIONAL SPONSORS H.R. 1132: Mr. KISSELL and Mr. LARSEN of Washington. Virginia, Mr. ALEXANDER, Mr. TERRY, Mr. Under clause 7 of rule XII, sponsors H.R. 1144: Mr. HINOJOSA, Ms. KOSMAS, and MINNICK, Mr. GEORGE MILLER of California, were added to public bills and resolu- Mr. HONDA. and Mr. LUETKEMEYER. tions as follows: H.R. 1177: Mr. ISRAEL, Mr. BRADY of Penn- H.R. 1549: Ms. MCCOLLUM and Mr. HOLT. sylvania, Mr. KINGSTON, and Ms. BORDALLO. H.R. 1550: Mr. SHULER. H.R. 21: Mr. PIERLUISI. H.R. 1179: Mr. CARNEY, Mr. CUMMINGS, Mr. H.R. 1551: Mr. GONZALEZ and Mr. WELCH. H.R. 23: Mr. PERLMUTTER, Mr. KING of MCGOVERN, and Mr. COURTNEY. H.R. 1557: Mr. FORBES. Iowa, Mr. PASTOR of Arizona, Mr. LEWIS of H.R. 1180: Ms. FOXX and Mr. LINDER. H.R. 1558: Ms. FUDGE, Mr. ALTMIRE, Mr. Georgia, Mr. ADLER of New Jersey, Mr. H.R. 1205: Mr. BISHOP of Georgia, Ms. BALD- HOLT, and Mr. BERMAN. DELAHUNT, and Ms. SPEIER. WIN, and Mr. SCHOCK. H.R. 1570: Ms. BALDWIN, Mr. BOUCHER, and H.R. 24: Ms. TSONGAS, Mr. SNYDER, Mr. H.R. 1207: Mr. SENSENBRENNER, Mr. DANIEL Mr. LEWIS of Georgia. PIERLUISI, Mr. HOEKSTRA, Mr. KRATOVIL, Ms. EXLER OSWELL E. LUNGREN of California, Mr. WALZ, Mr. H.R. 1585: Mr. W , Mr. B , and NORTON, Mr. COSTA, Ms. EDWARDS of Mary- AHLKEMPER SHUSTER, Mr. MICHAUD, Mr. CONAWAY, Mr. Mrs. D . land, Mr. KENNEDY, Mr. JOHNSON of Georgia, H.R. 1587: Ms. FALLIN and Mr. KLINE of SHADEGG, Mr. BOOZMAN, and Mr. GUTHRIE. Ms. BALDWIN, and Mr. MATHESON. Minnesota. H.R. 1220: Mr. BISHOP of Utah. H.R. 26: Mr. CONNOLLY of Virginia. H.R. 1588: Mr. NEUGEBAUER and Mr. GAR- H.R. 1237: Mr. THOMPSON of Mississippi and H.R. 29: Mr. MOORE of Kansas. RETT of New Jersey. Mr. DELAHUNT. H.R. 43: Ms. ZOE LOFGREN of California and H.R. 1596: Mr. JOHNSON of Georgia, Mr. H.R. 1240: Mr. MASSA, Mr. PETERSON, and Mr. DEFAZIO. BRADY of Pennsylvania, Mr. NADLER of New Mr. GRAYSON. OYBAL LLARD York, Mr. MICHAUD, and Mr. GRAYSON. H.R. 144: Ms. R -A and Ms. H.R. 1242: Mr. MCCAUL, Mr. MARCHANT, and ALDWIN H.R. 1612: Mr. SNYDER. B . Mr. TERRY. H.R. 1615: Mr. RAHALL and Mr. DINGELL. H.R. 197: Mrs. HALVORSON, Mr. BROUN of H.R. 1247: Ms. FUDGE, Mr. COHEN, and Mr. H.R. 1618: Mrs. NAPOLITANO and Mr. Georgia, Mr. GENE GREEN of Texas, and Mr. KENNEDY. HOLDEN. CHAFFETZ. H.R. 1249: Ms. SCHWARTZ and Ms. H.R. 1643: Ms. DEGETTE, Mr. SARBANES, Mr. H.R. 213: Mr. GORDON of Tennessee. WASSERMAN SCHULTZ. NADLER of New York, Mr. PLATTS, Ms. H.R. 235: Mr. MEEK of Florida and Ms. H.R. 1250: Mr. BOCCIERI. VELA´ ZQUEZ, and Mr. HOLT. BEAN. H.R. 1313: Mr. CARTER and Mr. WITTMAN. H.R. 1670: Ms. JENKINS and Mr. BISHOP of H.R. 303: Mr. COSTELLO and Mr. BERRY. H.R. 1324: Ms. NORTON, Mrs. DAHLKEMPER, Georgia. H.R. 450: Mr. FLAKE. Ms. DELAURO, and Ms. HERSETH SANDLIN. H.R. 1684: Mr. ADERHOLT and Mr. BOOZMAN. H.R. 560: Mr. MOORE of Kansas. H.R. 1327: Mr. FOSTER, Mr. CAMP, Mr. CAO, H.R. 574: Ms. SCHWARTZ. H.R. 1685: Mr. GRAYSON. Mr. CHILDERS, Mr. RANGEL, Mr. ISSA, Mrs. ORDON H.R. 578: Ms. LEE of California and Mr. H.R. 1686: Mr. G of Tennessee and Ms. LUMMIS, Mr. SHADEGG, Ms. MATSUI, Mr. BILI- SHEA-PORTER. FALEOMAVAEGA. ´ RAKIS, Ms. LINDA T. SANCHEZ of California, H.R. 1695: Mr. BRADY of Pennsylvania, Mr. H.R. 606: Mr. STARK. Mr. SARBANES, Mr. BOCCIERI, Mr. PASCRELL, GOODLATTE, Mr. COURTNEY, Mr. MARSHALL, H.R. 610: Mrs. TAUSCHER. Mr. BILBRAY, Ms. FUDGE, Mr. COSTELLO, Mr. Mrs. BLACKBURN, Mr. WILSON of South Caro- H.R. 658: Ms. SHEA-PORTER. POLIS, Ms. SCHWARTZ, Mr. CARNEY, Ms. lina, Mr. FILNER, Mr. KAGEN, and Mr. H.R. 668: Mrs. DAHLKEMPER. SCHAKOWSKY, Mr. BOREN, Mr. FRELING- COFFMAN of Colorado. H.R. 699: Ms. PINGREE of Maine. HUYSEN, Mr. LANGEVIN, Mr. BRIGHT, and Mr. H.R. 1708: Ms. MCCOLLUM. H.R. 745: Ms. JACKSON-LEE of Texas. WAXMAN. H.R. 1709: Mr. COSTELLO, Mr. LUJA´ N, Mr. H.R. 775: Mr. SCOTT of Georgia, Mrs. H.R. 1329: Mr. GRIJALVA. TONKO, Ms. FUDGE, Mr. SMITH of Nebraska, LUMMIS, Mr. ADLER of New Jersey, and Mr. H.R. 1330: Mr. CLEAVER and Mr. GRAYSON. and Mr. SMITH of Texas. FLEMING. H.R. 1346: Ms. ROYBAL-ALLARD. H.R. 1721: Mr. SARBANES and Mr. HOLT. H.R. 805: Mr. ENGEL. H.R. 1351: Mr. LINDER. H.R. 1725: Mr. CONYERS. H.R. 816: Mr. BROWN of South Carolina, Mr. H.R. 1352: Ms. BALDWIN and Mr. DAVIS of H.R. 1751: Mr. LANGEVIN, Mr. KENNEDY, Mr. FATTAH, Mr. SPACE, Mr. BOREN, Mr. ROGERS Kentucky. DAVIS of Illinois, Mr. CROWLEY, Ms. WATSON, of Michigan, and Mr. HILL. H.R. 1362: Mr. PETERSON, Mr. GENE GREEN Mr. CLAY, Ms. HARMAN, Ms. CLARKE, and Mr. H.R. 836: Mr. AUSTRIA, Mr. FLEMING, Mr. of Texas, Mr. DAVIS of Illinois, Mr. DICKS, OLVER. GUTHRIE, Mr. PENCE, Mrs. CAPITO, Mr. CAS- and Mr. HOLT. H.R. 1774: Mr. SARBANES. TLE, and Mr. MORAN of Kansas. H.R. 1380: Ms. RICHARDSON and Mr. INSLEE. H.R. 1790: Mr. MORAN of Virginia. H.R. 847: Mr. BRADY of Pennsylvania and H.R. 1392: Mr. GONZALEZ. H.R. 1807: Mr. PITTS, Mr. CONNOLLY of Vir- Mr. SCHAUER. H.R. 1396: Mr. CONAWAY. ginia, and Mr. LUETKEMEYER. H.R. 848: Mr. INSLEE. H.R. 1398: Mr. BURGESS, Mr. ARCURI, Mr. H.R. 1828: Mr. LUJA´ N. H.R. 870: Mr. RUSH, Mr. MCGOVERN, and Mr. GRAYSON, Mr. ROONEY and Mr. LINCOLN DIAZ- H.R. 1829: Ms. LORETTA SANCHEZ of Cali- LEVIN. BALART of Florida. fornia, Mr. MARIO DIAZ-BALART of Florida, H.R. 874: Mr. INSLEE, Ms. HERSETH H.R. 1402: Mr. HOLT. Ms. MARKEY of Colorado, and Mr. SARBANES. SANDLIN, Mr. TAYLOR, Mr. BOUCHER, Mr. H.R. 1410: Mr. COURTNEY. H.R. 1831: Mr. WILSON of South Carolina, WATT, Mr. BISHOP of Georgia, Mr. H.R. 1412: Mr. PIERLUISI, Ms. RICHARDSON Mr. SMITH of Nebraska, Ms. JENKINS, Mr. RUPPERSBERGER, Mr. HOLDEN, Mr. MURTHA, and Mr. STARK. GRIJALVA, Mr. ARCURI, Mr. RADANOVICH, Mr. Mr. GUTIERREZ, and Mr. KANJORSKI. H.R. 1414: Mr. GARRETT of New Jersey. DEAL of Georgia, and Mr. BROWN of South H.R. 886: Mr. WITTMAN, Mr. HOLT, Mr. H.R. 1431: Mr. REHBERG, Mr. THORNBERRY, Carolina. BLUMENAUER, Mr. SARBANES, and Mr. WOLF. Mr. KINGSTON and Mr. SCALISE. H.R. 1835: Mr. LUCAS, Mr. FLEMING, Mr. H.R. 893: Mr. KUCINICH. H.R. 1442: Mr. BISHOP of Utah. CALVERT, and Mr. SCALISE. H.R. 916: Mr. FLEMING. H.R. 1443: Mr. BOYD. H.R. 1855: Mr. DENT and Mr. EHLERS. H.R. 930: Mr. KISSELL. H.R. 1449: Mrs. HALVORSON. H.R. 1869: Mr. MICHAUD, Ms. KAPTUR, Mr. H.R. 981: Mr. ROTHMAN of New Jersey and H.R. 1454: Mr. OBERSTAR, Mrs. TAUSCHER, CUELLAR, Ms. ROYBAL-ALLARD, and Mr. Mr. PRICE of North Carolina. and Mr. BLUNT. BACA. H.R. 997: Mr. GARRETT of New Jersey. H.R. 1457: Mr. GRAYSON. H.R. 1872: Mr. DONNELLY of Indiana and Mr. H.R. 1021: Mr. FLEMING, Mr. BRADY of H.R. 1458: Mr. WILSON of Ohio and Mr. BOCCIERI. Texas, Mr. YOUNG of Florida, and Mr. RA- YOUNG of Florida. H.R. 1881: Mr. CROWLEY, Mr. HALL of New HALL. H.R. 1459: Mr. MORAN of Virginia. York, Ms. CLARKE, Mr. COURTNEY, Mr. H.R. 1024: Mr. RUSH. H.R. 1460: Mrs. CAPPS. PAYNE, and Ms. WASSERMAN SCHULTZ.

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — HOUSE H5401

H.R. 1886: Mr. FRANK of Massachusetts, Mr. gia, Mr. CARDOZA, Mr. COSTA, Mr. BOYD, Mr. H. Con. Res. 117: Mr. OLSON, Mr. HALL of ISRAEL, Mr. MCMAHON, Mr. MCDERMOTT, and HILL, and Mr. CONNOLLY of Virginia. Texas, and Mr. SMITH of Texas. Mr. CONNOLLY of Virginia. H.R. 2143: Mr. ANDREWS. H. Con. Res. 120: Mr. TONKO, Mr. CROWLEY, H.R. 1894: Mr. BOOZMAN, Mr. COHEN, and H.R. 2150: Ms. MOORE of Wisconsin. Ms. GINNY BROWN-WAITE of Florida, Mr. Mr. MARCHANT. H.R. 2163: Ms. GIFFORDS. WELCH, Mr. MATHESON, and Mr. KIRK. H.R. 1895: Mr. MORAN of Virginia. H.R. 2164: Ms. GIFFORDS. H. Res. 57: Mr. GRAYSON. H.R. 1944: Mr. MCDERMOTT. H.R. 2172: Mr. BISHOP of New York. H. Res. 192: Mr. GONZALEZ, Mr. KLEIN of H.R. 1964: Ms. EDWARDS of Maryland, Ms. H.R. 2176: Mr. GERLACH and Mr. SMITH of Florida, Mr. PALLONE, Mr. FLEMING, Ms. ZOE LEE of California, Mr. BISHOP of Georgia, and New Jersey. LOFGREN of California, Ms. KILPATRICK of Mr. LEWIS of Georgia. H.R. 2187: Ms. SHEA-PORTER, Mrs. DAVIS of Michigan, and Mr. SALAZAR. H.R. 1974: Mr. SPACE, Mr. JONES, and Ms. California, Mr. CARNAHAN, Mr. DINGELL, Mr. H. Res. 196: Mr. MATHESON, Mr. HILL, Mr. TITUS. VAN HOLLEN, Mr. SESTAK, Mr. AL GREEN of MELANCON, Mr. GUTHRIE, and Mr. NEAL of H.R. 1977: Mr. FORBES, Mr. LINCOLN DIAZ- Texas, and Ms. JACKSON-LEE of Texas. Massachusetts. BALART of Florida, Mr. CAO, Mr. MELANCON, H.R. 2201: Mr. POE of Texas. H. Res. 204: Mrs. MCMORRIS RODGERS and and Mr. DOGGETT. H.R. 2203: Mr. LAMBORN. Mr. MEEK of Florida. H.R. 1978: Mr. RYAN of Ohio. H.R. 2219: Mr. MORAN of Virginia. H. Res. 209: Mr. PASCRELL, Mr. LEVIN, Mrs. H.R. 1981: Mr. BISHOP of Utah, Mr. PAUL, H.R. 2233: Mr. HONDA. CAPPS, Mr. DUNCAN, and Mr. ISRAEL. Mr. JORDAN of Ohio, Mr. BROUN of Georgia, H.R. 2246: Mr. PASTOR of Arizona and Mr. H. Res. 232: Mr. CAO. Mr. CANTOR, Mr. MCKEON, Mr. BARTLETT, Mr. WALZ. H. Res. 236: Mr. MCCOTTER. SHIMKUS, Mr. BRADY of Texas, Mrs. H.R. 2261: Mr. WEXLER. H. Res. 248: Mr. DRIEHAUS and Mr. HODES. BLACKBURN, Mr. PITTS, Mr. HUNTER, Mr. H.R. 2267: Mr. HASTINGS of Florida. H. Res. 252: Mr. KUCINICH, Mr. ADLER of FLEMING, and Mr. GOHMERT. H.R. 2279: Mr. SERRANO. New Jersey, Mr. SCHAUER, Mr. QUIGLEY, and H.R. 1985: Mr. HASTINGS of Florida. H.R. 2288: Mr. CHAFFETZ and Mr. COFFMAN Ms. ZOE LOFGREN of California. H.R. 2006: Mr. HASTINGS of Florida, Ms. of Colorado. H. Res. 260: Mr. CONNOLLY of Virginia, Ms. KAPTUR, Mr. OBERSTAR, and Mr. YARMUTH. ARRETT H. J. Res. 11: Mr. G of New Jersey SUTTON, and Mr. HINCHEY. H.R. 2017: Mr. HINOJOSA and Mr. KAGEN. URTON and Mr. B of Indiana. H. Res. 278: Mr. MORAN of Virginia. H.R. 2020: Mr. TONKO, Ms. FUDGE, and Mr. H. J. Res. 42: Mrs. MCMORRIS RODGERS, Mr. H. Res. 297: Mr. LANCE. SMITH of Nebraska. CALVERT, Mr. TIBERI, Mr. ISSA, Mr. JONES, H. Res. 319: Mr. ROGERS of Alabama. H.R. 2021: Mr. SIMPSON, Mr. NEUGEBAUER, Mrs. MYRICK, and Mr. CULBERSON. H. Res. 349: Ms. HARMAN. and Mr. MARIO DIAZ-BALART of Florida. H. Con. Res. 16: Mr. SAM JOHNSON of Texas. H. Res. 366: Mr. SOUDER. H.R. 2030: Mr. SERRANO, Ms. MCCOLLUM, H. Con. Res. 49: Mr. PAUL, Mr. MOORE of H. Res. 373: Mrs. BLACKBURN and Mr. and Mr. LEWIS of Georgia. Kansas, Mr. GALLEGLY, Mr. HINOJOSA, Ms. LANCE. H.R. 2036: Mr. GRAYSON. ROS-LEHTINEN, Mr. MILLER of North Caro- H.R. 2052: Mr. TIAHRT. H. Res. 385: Ms. HIRONO and Ms. KOSMAS. lina, and Mr. WALZ. H.R. 2054: Mr. REYES, Mr. PASTOR of Ari- H. Res. 386: Mr. NYE. H. Con. Res. 84: Mr. HOLT. zona, Mr. LANGEVIN, Mr. WEXLER, Mr. PRICE H. Res. 389: Mr. MOLLOHAN and Mr. RYAN of H. Con. Res. 87: Mr. FORTENBERRY, Mr. of North Carolina, and Ms. KILPATRICK of Ohio. CONNOLLY of Virginia, and Ms. WATSON. Michigan. H. Res. 390: Mr. KANJORSKI, Mr. MCHUGH, H. Con. Res. 102: Mr. WALZ. H.R. 2061: Mr. AKIN, Mr. LATTA, Mr. and Mr. SULLIVAN. H. Con. Res. 105: Mr. GRAYSON, Mr. BOYD, MCCAUL, Mr. LAMBORN, Mr. FRANKS of Ari- H. Res. 397: Mrs. BACHMANN, Mr. BOREN, Ms. HIRONO, Mr. CONAWAY, Mr. HINOJOSA, Mr. zona, Mr. SOUDER, Mr. JORDAN of Ohio, Mr. and Mr. BOOZMAN. HONDA, Mr. KLEIN of Florida, Ms. LEE of BURTON of Indiana, Mr. HOEKSTRA, and Mrs. H. Res. 407: Ms. WASSERMAN SCHULTZ, Mr. California, Mr. ORTIZ, Mr. RUPPERSBERGER, BACHMANN. WOLF, and Mr. SERRANO. Ms. WATSON, Mr. RUSH, Mr. MORAN of Vir- H.R. 2063: Ms. FOXX, Mr. KLINE of Min- H. Res. 412: Mr. WAXMAN. ginia, Mr. RAHALL, and Mr. SPRATT. nesota, and Mr. BURTON of Indiana. H. Con. Res. 108: Mrs. DAHLKEMPER. H.R. 2068: Mr. BLUMENAUER and Ms. NOR- f H. Con. Res. 109: Mr. ROGERS of Alabama, TON. Mr. HASTINGS of Florida, Mr. BACA, Ms. KAP- H.R. 2095: Mr. NADLER of New York. TUR, Mr. QUIGLEY, Mrs. MALONEY, Ms. WAT- DISCHARGE PETITIONS H.R. 2099: Mr. PIERLUISI. SON, Ms. NORTON, Mr. KENNEDY, Mr. PLATTS, H.R. 2101: Mr. ABERCROMBIE. Under clause 2 of rule XV, the fol- H.R. 2103: Mr. LATOURETTE, Mr. GRIJALVA, Mr. CUMMINGS, Mr. LOEBSACK, Ms. ZOE lowing discharge petition was filed: LOFGREN of California, Mr. SNYDER, Ms. Mr. MARKEY of Massachusetts, Ms. DEGETTE, Petition 3, May 7, 2009, by Mr. STEVEN C. CLARKE, Ms. FUDGE, Mr. CARSON of Indiana, Mr. FRANK of Massachusetts, Ms. KAPTUR, LATOURETTE on House Resolution 251, was Mr. SIRES, Mr. TEAGUE, Mrs. CAPPS, Mr. Mr. WAXMAN, Mr. QUIGLEY, Mr. DOGGETT, Mr. signed by the following Members: Steven C. PIERLUISI, Mr. LUJA´ N, Mr. HONDA, Mr. HALL of New York, Mr. SIRES, Mr. KIRK, and LaTourette, Mario Diaz-Balart, Patrick J. PERRIELLO, Mr. KAGEN, Mr. BISHOP of New Ms. SHEA-PORTER. Tiberi, Thaddeus G. McCotter, Devin Nunes, York, Mr. TONKO, Mr. CUELLAR, Mr. KIND, H.R. 2110: Mr. HELLER and Mr. LARSON of Lincoln Diaz-Balart, John M. McHugh, Mi- Mr. MORAN of Virginia, Mr. HINOJOSA, Mr. Connecticut. chael K. Simpson, and John Abney PAYNE, Mr. COHEN, Mr. HARE, Ms. EDDIE BER- H.R. 2111: Mr. KLINE of Minnesota and Mrs. Culberson. LUMMIS. NICE JOHNSON of Texas, Mr. MASSA, Mr. MCGOVERN, Mr. LEVIN, Mrs. DAHLKEMPER, H.R. 2112: Mr. KANJORSKI and Ms. NORTON. f H.R. 2118: Mr. BOOZMAN. Mrs. HALVORSON, Mr. KLEIN of Florida, Ms. H.R. 2119: Mr. BOOZMAN. TITUS, Mr. SCHAUER, Ms. MATSUI, Mr. H.R. 2123: Mr. CAMPBELL and Mr. BRADY of LARSON of Connecticut, Ms. EDWARDS of DISCHARGE PETITIONS— Pennsylvania. Maryland, and Mr. MCMAHON. ADDITIONS OR DELETIONS H.R. 2132: Mr. ACKERMAN and Mrs. CAPPS. H. Con. Res. 112: Ms. BORDALLO, Mr. KIND, The following Member added his H.R. 2139: Ms. JACKSON-LEE of Texas and and Mr. CAO. name to the following discharge peti- Ms. LEE of California. H. Con. Res. 116: Mr. SHADEGG, Mrs. H.R. 2141: Mr. CONNOLLY of Virginia. LUMMIS, Mr. PITTS, Mrs. BLACKBURN, Mr. tion: H.R. 2142: Ms. HERSETH SANDLIN, Mr. WIL- BRADY of Texas, Mr. MCKEON, Ms. FOXX, and Petition 1, by Mr. LATTA on H.R. 581: Jim SON of Ohio, Mr. BOREN, Mr. BISHOP of Geor- Ms. FALLIN. Jordan.

VerDate Nov 24 2008 06:06 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H07MY9.REC H07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 111 CONGRESS, FIRST SESSION

Vol. 155 WASHINGTON, THURSDAY, MAY 7, 2009 No. 70 Senate The Senate met at 9:30 a.m. and was PLEDGE OF ALLEGIANCE SCHEDULE called to order by the Honorable The Honorable KIRSTEN E. Mr. REID. Following remarks of the KIRSTEN E. GILLIBRAND, a Senator from GILLIBRAND led the Pledge of Alle- leaders—I understand that the Repub- the State of New York. giance, as follows: lican leader will be a little bit late get- I pledge allegiance to the Flag of the ting here; he had a meeting that is tak- PRAYER United States of America, and to the Repub- ing more time than he expected—there lic for which it stands, one nation under God, will be a period of morning business The PRESIDING OFFICER. Today’s indivisible, with liberty and justice for all. until 10:30, with the time equally di- opening prayer will be offered by the vided and controlled between the two Reverend Dr. Delman L. Coates from f leaders or their designees. The major- the Mount Ennon Baptist Church in ity will control the first half and the Clinton, MD. APPOINTMENT OF ACTING Republicans will control the second The guest Chaplain offered the fol- PRESIDENT PRO TEMPORE half. lowing prayer: The PRESIDING OFFICER. The Following morning business, the Sen- Let us pray. clerk will please read a communication ate will resume consideration of S. 454, the Weapon Systems Acquisition Re- Eternal God our Holy Parent, You to the Senate from the President pro tempore (Mr. BYRD). form Act. who are the Creator and the sustainer Last night we were able to reach an of life; we come to You today in hum- The bill clerk read the following letter: agreement to limit the number of first- ble adoration, thanking You for this degree amendments to the bill. We day and for this occasion that brings us U.S. SENATE, PRESIDENT PRO TEMPORE, hope to vote on the remaining amend- together. We ask that You would con- ments and on passage of the bill today. secrate our hearts, anoint our minds, Washington, DC, May 7, 2009. To the Senate: I am confident there will be votes and commission our hands to serve the Under the provisions of rule I, paragraph 3, throughout the day. people of this great Nation. of the Standing Rules of the Senate, I hereby Last night cloture was filed on the We gather today in the midst of appoint the Honorable KIRSTEN E. motion to proceed to the credit card unique and unprecedented times, times GILLIBRAND, a Senator from the State of New legislation. After having done that, I of great challenge and times of tremen- York, to perform the duties of the Chair. received a call from the chairman of ROBERT C. BYRD, dous difficulty. Help us to discern Your the committee, Chairman DODD. He President pro tempore. will and to seek Your direction as we and Senator SHELBY have worked out endeavor to confront the fiscal and leg- Mrs. GILLIBRAND thereupon as- language on the credit card legislation islative challenges of our day. sumed the chair as Acting President which would make it easier to proceed. pro tempore. Grant unto us clarity of thought and I am confident we will not have to unity of purpose in our effort to make have that vote tomorrow to invoke clo- f ture on a motion to proceed, or at least this Nation and this world a better I hope not. place. Enable us to be a voice for the RECOGNITION OF THE MAJORITY The work done by Senators LEVIN voiceless, hope to the hopeless, and LEADER and MCCAIN is exemplary. This is a help to the helpless. We pray for The ACTING PRESIDENT pro tem- complicated piece of legislation. They strength in both the public and the pri- pore. The majority leader is recog- worked on it together. They worked vate affairs of our lives. We need You nized. with the White House, they worked to be for us what we cannot be for our- with the minority staff, the majority selves. May we have the character and f staff, and they were able to get this the fortitude to lead with integrity, to agreement with exemplary work. I listen with clarity, and to serve with EXECUTIVE CALENDAR VITIATION commend and applaud both of these sincerity. Mr. REID. Madam President, as if in fine Senators for allowing us to move As we start this day, we ask that You executive session, I ask unanimous to this extremely important legisla- would raise the crown of righteousness consent that the Senate action of May tion. As we heard from the opening above our heads, and we pray that You 6, 2009, with respect to Calendar No. 85 statements of Senators LEVIN and would encourage us to grow tall be vitiated. MCCAIN, huge amounts of money have enough to wear it. These and all bless- The ACTING PRESIDENT pro tem- been wasted in years past. We all want ings we ask in the name of Love, Hope, pore. Without objection, it is so or- to do the very best we can for the Pen- and Peace. Amen. dered. tagon and the U.S. military, but we

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

S5249

VerDate Nov 24 2008 00:03 May 08, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.000 S07MYPT1 jbell on PROD1PC69 with SENATE S5250 CONGRESSIONAL RECORD — SENATE May 7, 2009 have to be able to tell the American receive appropriate care just 55 percent Government but will not fix the main people that we are being as frugal as of the time. problems people face every day: afford- necessary. And this legislation will The American Recovery and Rein- ability, access and high quality care. allow us to have the strongest military vestment Act Congress approved this Several years ago, we debated wheth- in the world, as has been the case in year made a downpayment addressing er private competition could deliver af- the past many years, but also to have health information technology and fordable choices to cover seniors’ pre- one that is not wasting money. comparative effectiveness research. As scription drugs. I was not convinced So we, as I said, appreciate the work a result, doctors and patients will re- there would be enough competition. done by Senators LEVIN and MCCAIN. ceive access to improved health records Well, the jury is in. The verdict? A f and better evidence about which med- recent independent poll showed that 87 ical treatments may best serve a pa- percent of Medicare beneficiaries are RESERVATION OF LEADER TIME tient’s needs. satisfied with their prescription drug The ACTING PRESIDENT pro tem- Senator BAUCUS and the Finance coverage. And, vigorous competition pore. Under the previous order, the Committee have laid out a series of ad- among drug plans will save taxpayers leadership time is reserved. ditional delivery system reforms which $243 billion over 10 years. f I applaud them for. These cost-contain- I believe private competition can work. I would suggest we empower con- MORNING BUSINESS ment measures are the first order of business and a mission-critical compo- sumers and demand that private insur- The ACTING PRESIDENT pro tem- nent of reform which will immediately ers compete on service to restore a true pore. Under the previous order, the pay dividends on affordability and ac- marketplace for insurance. We need to Senate will proceed to a period of cess. make it easier for Americans to com- morning business until 10:30 a.m., with In an additional sign of progress in pare health plans and the co-pays, net- Senators permitted to speak for up to covering the uninsured, America’s works, provider quality measures and 10 minutes each, with the time equally health insurers have agreed to guar- access to medical records the plans divided and controlled between the two antee health care coverage to all offer. leaders or their designees, with the ma- Americans and transition away from In fact, President Obama has said jority controlling the first half and the charging higher premiums to those Americans deserve the same health in- Republicans controlling the second who are most ill, if Congress agrees to surance that their members of Con- half. support a requirement to obtain cov- gress receive. Well, Federal employees The ACTING PRESIDENT pro tem- erage. and Members of Congress choose be- pore. The Senator from Nebraska is While I have an aversion to man- tween a wide array of coverage options recognized. dates, I recognize that we all have a re- offered by private health insurers, se- f sponsibility to obtain health care cov- lecting the plan that best fits their HEALTH CARE REFORM erage because we all pay higher pre- needs. miums when providers are forced to Ultimately, I want consumers, not Mr. NELSON of Nebraska. Madam write off expensive, uncompensated Washington, to be in charge of their President, 19 years ago, after narrowly care. health care and to give them the abil- winning my first statewide race for We often focus on the 45 million or ity to demand more from insurers Governor in Nebraska, I was concerned more Americans who are uninsured, a through the marketplace. about the significant budget challenges crucial problem to be sure. However, In the coming weeks, America will and economic downturn we faced. we also must make sure we are not de- see a debate that tests our ability to Today, the United States is confronted stabilizing care for the 200 million confront this enormous challenge yet by financial troubles on a much larger Americans who have private health in- still preserve bipartisanship and rea- scale. surance. son. We can meet in the center on a re- Among them, we are suffering from Some have called for establishing a form plan making major improvements the compounding economic impact of public plan, but I think it would under- in our health care system that puts us years of steadily rising health care mine health care services for millions firmly on the path toward cost con- costs and millions of uninsured Ameri- of Americans and squander this unique tainment, universal coverage and, ulti- cans. This crisis is strangling busi- opportunity for substantial reform. mately, fairness for all Americans. nesses and throwing sand in the gears Here are some of my concerns about I yield the floor. of our economic engine, but the most a public plan run by the Government: The ACTING PRESIDENT pro tem- troubling impact is on families. Washington runs our Medicare sys- pore. The Senator from New Hamp- From 2001 to 2007, premiums for fam- tem which is already on its way to in- shire. ily insurance coverage surged 78 per- solvency. Mr. GREGG. Madam President, I un- cent while income increased just 19 Our delivery system could collapse if derstand now is the time for the major- percent. Wages are lagging behind not it had to rely more heavily on Medi- ity. If somebody appears, I will be only premiums but also out-of-pocket care-like reimbursement rates. Today, happy to yield the floor. I ask unani- costs which families must pay for one-third of physicians limit the num- mous consent to proceed in morning health care services. ber of new Medicare patients they see. business. In my view, meaningful health care A Government-run plan would fur- The ACTING PRESIDENT pro tem- reforms are within reach and should be ther limit payments to doctors, nurses, pore. Without objection, it is so or- achieved in a bipartisan fashion with- health care workers and hospitals, and dered. out stifling minority views or using they would over time refuse patients Mr. GREGG. I congratulate Senator reconciliation. covered by this system. NELSON for his excellent statement. His Although there are signs of progress That would worsen the current cost statement was very appropriate and on in the reform debate, some seem ready shift to private payers, which can run point on the issue of health care and to stir partisan tensions. We should in the neighborhood of 30 to 40 percent. health reform and the need for a bipar- play down the divisions which The result? Patients would lose ac- tisan effort in this Chamber. He is one ideologies present and focus instead on cess to health care, services would de- of the leaders in the ability to bring areas of consensus. cline for millions and competition people together, and I congratulate What could this middle ground look would disappear. him for a strong and thoughtful state- like? In my State of Nebraska, uncompen- ment. I believe that two of the highest pri- sated care and the cost-shift from low f orities should be reducing the cost of Government reimbursements account health care and improving efficiency in for 15 percent of the average health in- THE BUDGET our delivery system. surance premium. Mr. GREGG. Madam President, I Despite state-of-the-art treatment, In sum, a one-size-fits-all Wash- wish to talk a little bit about the budg- some studies still show that Americans ington-run health care plan expands et and specifically about the proposal

VerDate Nov 24 2008 00:03 May 08, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.001 S07MYPT1 jbell on PROD1PC69 with SENATE May 7, 2009 CONGRESSIONAL RECORD — SENATE S5251 sent by the President yesterday. Yes- a Federal debt that would be approxi- stabilize the cost of health care as a terday the President sent us his formal mately 80 percent of the gross national percentage of our gross national prod- budget. We have already voted on a product or doubling of the Federal debt uct and use the dollars that are already budget, of course. We passed a budget. during the first 5 years of this Presi- in the system to reform it. The President doesn’t have to sign the dency. None of those numbers will be We know we have a huge amount of budget. That is one of the ironies of changed by these rescissions because surplus money in the health care sys- our system. But he does present us they don’t go to the core of the prob- tem compared to any other industri- with an outline. Because this was a lem. alized nation. Rather than throwing transition year, it is traditional that The core of the problem is, the Gov- more money at the problem, adding to the President doesn’t send us in-depth ernment is being expanded dramati- the debt and deficit, let’s try to be re- proposals. He sends sort of a topical ap- cally, even while these rescissions are sponsible about a reform program, to proach in early February and then occurring. The rate of growth of the live within our means—they are not sends us in-depth proposals later in the Federal Government, as a result of ex- even our means—to live within what year. In the last few days, he sent the panded spending which has been initi- we are already spending and spend in-depth proposals. Among the pro- ated by this administration, in large those dollars more wisely. Those are posals, and what is being most obvi- part, will dwarf any savings that occur the types of initiatives we need. ously highlighted, is requested rescis- under this rescission proposal. It is as Obviously, it is helpful to reduce sions in about 120 programs rep- if we had a vast desert of sand. It is as spending by $17 billion. I hope we ac- resenting approximately $17 billion. I if this was the Gobi Desert or the Sa- complish it. Congress has rejected 40 congratulate him for that. That is an hara Desert and we came along and percent of these proposals in the past, attempt to reduce spending in those ac- took a few pieces of sand off the desert. but I hope we change our minds. Just counts and recover those dollars back It will virtually have no impact on the yesterday, for example, this Senate passed a housing bill which spent $11 into the Federal Treasury. deficit and the debt as we move for- But that has to be put in context, the ward into the outyears because of the billion outside and on top of the budg- initiative to save $17 billion. That is a fact that while we are taking these few et, new spending. So we have already lot of money. It could run the State of dollars out, which I congratulate the spent almost all the money represented as being saved by the President’s pro- New Hampshire for at least 3 or 4 President for trying to do, we are add- posal. Fiscal discipline does not seem years. But in the context of the Fed- ing back massive amounts of spending: to be the order of the day around here. eral budget, it is not a dramatic $1.4 trillion in new discretionary spend- I appreciate at least the effort, but I amount. In fact, it represents less than ing compared to the $17 billion rescis- think it does have to be put in the con- sion, $1.2 trillion in new entitlement one-half of 1 percent of the Federal text of the overall problem. budget, which will be approximately spending compared to this $17 billion It is akin to taking a teaspoon of $3.5 trillion this year. So taking $17 bil- rescission. We are taking a little water out of a bathtub while we keep lion out of spending programs is not spoonful of water out of the ocean the spigot on at full speed and the going to solve our overall problem, while we are dumping a whole river bathtub doesn’t fill up. It is a spigot of which involves the fact that we are into the ocean. So the water levels go spending, of Government growth. There headed into a nonsustainable govern- up. The debt levels go up and the bur- is a belief, regrettably, in this Con- ment because of the size of spending we den on our children goes up. The cost gress, because of the majority view and are doing and because of the size of the of the Government and the debt of the from the White House, that by grandly debt we are running up. I do congratu- Government is and remains an expanding the Federal Government, by late him for putting forward this ini- unsustainable event for the Nation and moving it dramatically to the left in tiative. I hope it will pass. I hope the for future generations. its size, by growing it significantly, we $17 billion will actually be passed by If the President wishes to be serious somehow create prosperity. this Congress. But regrettably, most of about spending restraint—and I hope We can’t do it that way. The only the items he sent to be rescinded had he is, though it doesn’t appear that way we can create prosperity is if we already been sent by President Bush, way from his budget—he would address have a government we can afford. If we not most but a significant amount. the underlying problem, which is that are running up deficits at 4 to 5 percent Forty percent had already been sent to we don’t expand the Government to of GDP, if we are taking the national us by President Bush and had been re- take up 23, 24, 25 percent of gross na- debt up to 80 percent of the gross na- jected by the Congress, which is too tional product when it historically has tional product, we will not create pros- bad. It was unfortunate when they were been about 20 percent, that we don’t perity. We will create significant hard- rejected under President Bush. I hope radically expand spending programs ship for the next generation which has the Congress will take a second look until we have an economy that is gen- to pay off all the debt. and accept them now that they have erating enough revenues so we can pay I hope this proposal for rescission been given the imprimatur, the ap- for them and that we basically try to which has been sent up will be followed proval of President Obama, so we have contain in the outyears the cost of en- on with proposals that are serious in a bipartisan effort to rescind at least 40 titlement spending by putting in place the area of controlling the spigot percent of the amount. proposals which will lead to limiting which is dumping all the spending into In the end, it doesn’t change the out- the costs in the outyears. the Federal account. Turn that down. year deficit figures at all. In fact, this The Senator from Nebraska was re- Let’s put some controls on the spend- amounts to less than an asterisk when cently talking about health care. ing side of the ledger that get to the it comes to the amount of debt and def- Health care is obviously at the core of broader problem of the size of the debt icit which we will be running up as a issues of how we control costs around and the size of the deficit in real num- government. here and how we control the outyear bers, not just at the margins. Even with this rescission of $17 bil- growth of the Federal Government. We I yield the floor, suggest the absence lion, assuming it was passed by the today spend 17 percent of the gross na- of a quorum, and ask unanimous con- Senate and the House and signed by tional product on health care. That is sent that the time be equally divided. The ACTING PRESIDENT pro tem- the President and these various pro- approximately 5 to 6 percent more than pore. Without objection, it is so or- grams were reduced, we would still run the next closest industrialized nation. dered. a deficit of 4 to 5 percent of gross na- Yet the President’s proposals are to The clerk will call the roll. tional product over the next 10 years add another $1.4 trillion on top of what The bill clerk proceeded to call the under the President’s proposals. We we already spend in the area of health roll. would still run a deficit that would av- care. That makes no sense fiscally. It Mr. TESTER. Madam President, I erage $1 trillion a year over the next 10 makes no sense from the standpoint of ask unanimous consent that the order years. We would still run a deficit what the health care system needs. We for the quorum call be rescinded. which would add to the debt at such a already have enough funds in the The ACTING PRESIDENT pro tem- fast rate—in other words, deficits be- health care system. We should agree pore. Without objection, it is so or- come debt—that we would end up with that what we are going to try to do is dered.

VerDate Nov 24 2008 00:03 May 08, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.002 S07MYPT1 jbell on PROD1PC69 with SENATE S5252 CONGRESSIONAL RECORD — SENATE May 7, 2009 CREDIT CARD REFORM I hope you will be willing to stand up to GUANTANAMO: ANOTHER DAY OF Mr. TESTER. Madam President, I the banks when it comes to credit card regu- UNANSWERED QUESTIONS lation and oversight. Consumers need protec- rise this morning to speak about an tion. In our home, we just saw interest rates Mr. MCCONNELL. Madam President, important plan to protect American on many of our credit cards jump for no rea- for the past several weeks, Republicans consumers. Specifically, I call on the son. . . .How are we supposed to be partici- in Congress have expressed serious con- Senate to pass tough new reforms in pating in an economic recovery when our cerns about the administration’s in- the credit card industry. I have been cash is being siphoned off for these unfair sistence on closing Guantanamo before working for months with my col- charges? You have a chance to do something it has a safe alternative. These con- leagues on the Senate Banking Com- about that— cerns are rooted, among other things, mittee to write this important new leg- She went on to say— in the fact that roughly 10 percent of islation. I am proud to have played a I hope that you will. the detainees who have already been part in Chairman DODD’s bill, the Cred- I, too, hope that we will. I hope the released from Guantanamo have re- it CARD Act. Senate will pass the Credit CARD Act. turned to the field of battle. These con- This bill includes legislation I intro- This bill will ban universal default, the cerns are rooted in the fact that the duced last year to outlaw what is jacking up of interest rates even when administration has talked about re- called universal default. That is the the account in question is in good leasing some of these trained terrorists term given when the credit card com- standing. It will protect consumers into the United States—not into deten- panies raise interest rates on cus- who pay their bills on time by out- tion facilities but directly into our tomers if their credit scores fall for lawing interest charges on debt paid on communities. These concerns are root- any reason—even if those customers time. It gives consumers another week ed in the fact that Americans like the pay their credit card bills on time. to pay their monthly bills. It limits fact that we have not been attacked at They may call that universal default, fees and penalties. It ensures that card- home here since 9/11, and they do not but where I come from in Montana, holders will know the small print. And want the terrorists at Guantanamo they call that a ripoff. it protects young Americans, who are back on the battlefield and certainly This reform legislation puts common often most vulnerable, from predatory not in their backyards. sense and honesty back into the credit practices by the credit card companies. These concerns are real. Yet all we card industry. It will establish a new I voted against the Wall Street bail- have gotten from the administration set of standards at a time when hard- out because handing bags of money to on this issue is silence. working, honest folks are getting big Wall Street bankers and hoping the Five weeks ago, Senator SESSIONS squeezed in this tough economy. sent the Attorney General a letter ask- Simply put, Montanans are not money would trickle down to Main Street small businesses and working ing what legal authority the adminis- happy with the credit card companies. tration has to release trained terrorists All of us are getting fed up with hidden families made no sense to me. Now we see some of the recipients of taxpayer into the United States. He sent another fees, high interest rates, and confusing letter asking the same question earlier small print. Every day, I get calls and bailouts jacking around the regular working folks who make this country this week. In response, he has gotten letters and e-mails from folks back silence. Senator MCCAIN and Senator home who want the Senate to take ac- run and who are having a hard time in this difficult economy, brought on by GRAHAM wrote an op-ed yesterday ask- tion to rein in these predatory prac- ing serious questions about what the tices of the credit card industry. I have mismanagement here and by crooked deals on Wall Street. administration plans to do with the de- here in my hand a few of those exam- tainees it releases or transfers from ples. It is important to note that not everyone in the banking industry is Guantanamo. We have not heard any- The first one is from a man from Bel- thing in reply. grade, MT, in Gallatin County. He guilty of gross exploitation of the American consumer. But the bad ac- These are not academic questions we writes this—and I will quote him at are asking. When Americans hear length: tors on Wall Street and the credit card companies need to be reined in, and the about a former detainee named Said These institutions have bilked us. They Ali al-Shihri, who was last seen serving took the bailout money and had no qualms rights of the regular public need to be about undertaking more irresponsible ac- protected. as one of al-Qaida’s top deputies in tions to loot the American taxpayers and I am pleased President Obama had Yemen, calling on his Somali comrades consumers again. I will use myself—a small the credit card executives down to the to increase attacks on Americans business owner so small you might call us a White House the other day to encour- ships, they have reason to be con- nano-business—as an example. Four or five age them to treat consumers fairly. I cerned. When Americans hear about a months ago, we hit a bump in the road and former detainee who was last seen serv- got behind with [our credit card company]. call on the Senate to step to the plate and deliver meaningful legislation that ing as the Taliban’s operational com- Knowing that this was going to be a tem- mander in southern Afghanistan, they porary situation pending the closing on the will put in place commonsense con- sale of some property we owned, I stayed in sumer protections. have reason to be concerned. These are at least weekly contact with [our credit card Thank you, Madam President. I yield just a couple of the men previously company] to keep them informed and as- the floor. deemed safe for transfer. They are liv- sured them that we had every intention of I suggest the absence of a quorum. ing proof that the dangers of closing meeting our obligation, which we did. What Guantanamo without a safe alternative The ACTING PRESIDENT pro tem- happened then is almost unbelievable. My in- are absolutely real. Yet all we get from pore. The clerk will call the roll. terest rate was increased to over 27%. I was the administration is a request for The bill clerk proceeded to call the charged various fees for being late that funds to close Guantanamo. Does the amounted to over $1100.00. . . .What really roll. administration really think Congress made me feel ripped off is that I had been a Mr. MCCONNELL. Madam President, will appropriate these funds before it card holder [with that company] FOR I ask unanimous consent that the order presents us with a plan that keeps the TWENTY-SIX YEARS!!! for the quorum call be rescinded. American people as safe as Guanta- Madam President, I am all about per- The ACTING PRESIDENT pro tem- namo has? The administration needs to sonal responsibility. Folks need to pore. Without objection, it is so or- explain its actions to the American make good decisions on their purchase dered. obligations. But plastic personal debt people and their representatives in Congress. And Republicans will con- can be very dangerous and addictive. f Ordinary Americans can get in over tinue to ask these questions until they their heads very quickly, and that is do. RECOGNITION OF THE MINORITY why the Senate needs to pass common- f sense legislation to protect consumers LEADER from abuse. The ACTING PRESIDENT pro tem- THE BUDGET A lady wrote me from Glacier Coun- pore. The Republican leader is recog- Mr. MCCONNELL. Madam President, ty, MT, and said this: nized. it is clear the budget the Democrats

VerDate Nov 24 2008 00:03 May 08, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.003 S07MYPT1 jbell on PROD1PC69 with SENATE May 7, 2009 CONGRESSIONAL RECORD — SENATE S5253 passed last week on a party-line vote The reason I explain this is because gusted by those who target innocent ci- spends too much, taxes too much, and we have seen a change in how those vilians as they spew their hatred, and I borrows too much. As a result, the who are incarcerated at Gitmo are now refuse to adopt what Danny’s father President has now proposed some mod- being defined and described both in the called ‘‘the mentality of surrender.’’ I est spending reductions totaling a frac- media and in the administration, and think it is not too late. It is not too tion—a fraction—of a percent of the as a consequence, by some Americans. late for a wake-up call. We can all trillions his budget would add to the I understand there is a poor perception refuse to surrender to the idea that ter- debt. of Guantanamo Bay, but to say there rorism is somehow a tactic. To refuse Well, that is a start, but with Demo- are no terrorists there, to say that to believe it is an acceptable tool of re- crats in Congress adding to the na- there are not even enemy combatants sistance. tional debt at a rate of more than $100 there is doing a disservice to us all by There is still time for Americans to billion every month already this year, trivializing the crimes committed by remember that there are men at Guan- and with a budget that triples the al- those who are incarcerated there. tanamo Bay who cannot be released ready unsustainable public debt over I ask my colleagues: When did we and most certainly should not be on the next decade, it is clear there is not start making terror politically correct? American soil. In fact, Americans must much more we can do to protect our And why? remember there are men at Gitmo who children and grandchildren from the I understand this administration has planned the September 11 attacks, the unprecedented trillions in additional great feelings about these issues, and USS Cole attack prior to that—this debt proposed by this administration. many Americans have great feelings was before we even connected the Madam President, I yield the floor. about these issues. Many Americans dots—and the attacks on American The ACTING PRESIDENT pro tem- disagree very strongly with the past Embassies in Africa, causing great loss pore. The Senator from Kansas. administration. I know this adminis- of human life. There are men at Gitmo Mr. ROBERTS. Madam President, I tration wants to draw a line of demar- who have perpetuated horrible crimes ask unanimous consent to speak as in cation and say: This is not our policy, against humanity and would like to do morning business—in fact, I think we whether it is the war in Iraq, whether so again because they don’t like who are in morning business. I ask unani- it is our operations in Afghanistan, we are or the way we live. mous consent to be recognized for 20 whether it is our foreign policy, our na- Terrorist detainees should be held, as minutes. tional security policy, or whether it is The ACTING PRESIDENT pro tem- they are now, at Gitmo, in compliance intelligence. These are all very legiti- pore. Without objection, it is so or- with international law. That should be dered. mate topics for debate and discussion, respected, of course. but in the process of this debate and Ask the Red Cross or our new Attor- f this discourse, we should not ignore re- ney General, Eric Holder. Guantanamo, GUANTANAMO BAY ality. despite what some might think, is a Mr. ROBERTS. Madam President, I This same question as to why we first-rate facility that safely keeps wish to thank our Republican leader would do this was asked by Daniel these men out of civilized societies, af- for so succinctly summing up the issue Pearl’s father, Judea Pearl, in an arti- fords them human treatment, and gives we face in regards to the terrorists— cle that ran in the Wall Street Journal them religious respect. Again, I know. and, yes, they are terrorists—who are this past February. I have the article I was there. at Guantanamo Bay and for what I here. It is called ‘‘Daniel Pearl and the Certainly, Khalid Sheikh Mohammed think is the almost unbelievable sug- Normalization of Evil.’’ Every Senator did not afford Daniel Pearl those cour- gestion that we move these folks to a and every American should read this tesies. No, Khalid Sheikh Mohammed homeland, USA, and my remarks will article and should take it to heart. and others like him were—and still continue in that regard. I thank the As I think most people know—and we are—on a jihad against every man, leader for raising the subject. should all remember—Daniel Pearl was woman, and child in our country. Yet I rise today to speak about Guanta- the American journalist captured and we should bring these terrorists to namo Bay, but I wish to point out that beheaded—beheaded on video—by the American soil? Not only is that just I am speaking about a Guantanamo ‘‘nonterrorist, nonenemy combatant’’ plain wrong, it is logistically a situa- Bay that some of my colleagues and Khalid Sheikh Mohammed in 2002. He tion that will not work. We can’t do it some citizens of our great country was beheaded by Khalid Sheikh Mo- without a tremendous infusion of funds might not recognize. hammed, who is actually sitting at and a lot of other problems. Obviously, the Guantanamo Bay I am Guantanamo Bay right now. In Dodge City, KS, at the coffee speaking of houses ‘‘terrorists.’’ I have Listen to what Professor Judea clatch that I attend, they call that been there, and there are terrorists at Pearl, who is a respected professor at flatout dumb. In fact, for those who Gitmo. I have seen them. As a matter UCLA, has to say about that act of ter- would like to bring these nonterrorists, of fact, I have seen interrogation proce- ror when he and Danny’s mother nonenemy combatants to hometown, dures with the terrorists. They are not looked at a picture of their son, Daniel: USA, let me paint a picture. ‘‘enemy combatants’’ fighting an Those around the world who mourned for Fort Leavenworth, KS, has been ‘‘overseas contingency operation,’’ but Danny— mentioned many times as a possible lo- terrorists whom we must wage a war His son— cation for the 100 or so terrorists whom on terror against because they contin- in 2002 genuinely hoped that Danny’s murder Defense Secretary Gates says can’t be ually plan to launch attacks against would be a turning point in the history of released but can’t be tried. Leaven- us. man’s inhumanity to man, and that the tar- worth: where we educate all future Senator MCCONNELL spoke of the 10 geting of innocents to transmit any political Army officers, where we host foreign percent who have been released and message would quickly become, like slavery military officers every year to build re- and human sacrifice, an embarrassing relic lationships and foster military co- who have shown back up on the battle- of a bygone era. field. There is a wonderful picture— But somehow,— operation. Leavenworth: the intellec- well, it isn’t a wonderful picture; it is And I continue to quote Professor tual center of the Army. Do my colleagues think Army offi- a very telling picture—of one of these Pearl— terrorists who was incarcerated at cers want to study at Fort Leaven- barbarism, often cloaked in the language of Gitmo and whom we released. He was resistance, has gained acceptance in the worth if terrorists are there? Do they treated and fitted with a prosthesis— most elite circles of our society. The words think they want to send their kids to with health care better than many of ‘‘war on terror’’ cannot be uttered today school on the base minutes away from my small communities get. without fear of offense. Civilized society, so the most dangerous men in the world? There is a picture of him back on the it seems, is so numbed by violence that it Do they think foreign countries, espe- battlefield waving his prosthesis in one has lost its gift to be disgusted by evil. cially friendly Muslim nations, will hand and with an AK–47 in the other. If Well, I remain disgusted by evil, and want to send their best and brightest that doesn’t tell the story, I don’t more than that, I am fatigued by those officers to a place that houses men who know what would. who seemingly ignore it. I am dis- we all agree are not appropriate for a

VerDate Nov 24 2008 00:03 May 08, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.004 S07MYPT1 jbell on PROD1PC69 with SENATE S5254 CONGRESSIONAL RECORD — SENATE May 7, 2009 civilized society? I don’t think so. Not Thank you, Madam President. I yield Both President Obama and Secretary a chance. the floor. Gates have indicated their strong sup- Even worse, I can’t believe we are Madam President, it has come to my port for this legislation because they asking the people of Leavenworth to attention that I don’t think we have a want to do everything in their power to hang out with the ‘‘welcome terror- quorum, so I suggest the absence of a protect our troops, advance national ists’’ banner or put out the welcome quorum. security goals, and keep America safe. mat to terrorists or to share their com- The ACTING PRESIDENT pro tem- Unfortunately, we will not get a re- munity not only with terrorists but pore. The clerk will call the roll. fund from the mistakes of the past, but with every protestor who will inevi- The legislative clerk proceeded to we can make better decisions today tably show up or with every terrorist call the roll. that will lay the foundation for more who will view a facility on the main- Mr. KAUFMAN. Madam President, I pragmatic decisionmaking in the fu- land as a target, as they do. And before ask unanimous consent that the order ture. someone says Fort Leavenworth is se- for the quorum call be rescinded. The military challenges we are fac- cure, let me tell you it is secure all The ACTING PRESIDENT pro tem- ing today are unlike conventional wars right; but for military prisoners who pore. Without objection, it is so or- of the past. Let me repeat. The mili- are compliant and for civilian pris- dered. tary challenges we face today are un- oners who are not on a jihad against Mr. KAUFMAN. Madam President, I like wars of the past and, therefore, re- America. ask unanimous consent to speak in quire a reconfiguration of defense Guantanamo Bay is a fortress, a hu- morning business. spending. I agree with the assessment mane, Red Cross-approved fortress, but The ACTING PRESIDENT pro tem- of leading defense experts that we must a fortress nonetheless. Moving such a pore. Without objection, it is so or- better prepare to win the wars we are facility to hometown, USA, will re- dered. in, as opposed to those we may wish to quire security beyond reality. I can’t f be in. even begin to imagine what it would Last month, I had the privilege of WEAPON SYSTEMS ACQUISITION look like at Leavenworth, but I do traveling with Senator JACK REED to REFORM ACT know it is unrealistic to think a place Afghanistan, Pakistan, and Iraq, where such as Leavenworth, which has a rail- Mr. KAUFMAN. Madam President, I it was abundantly clear that we must road running through it and a river am pleased to cosponsor the Weapon focus future spending on our growing running next to it and highways all Systems Acquisition Reform Act, counterinsurgency needs. In Iraq and Afghanistan, we are en- around it, would not be secure. No, it is which would overhaul our defense pro- gaged in a four-stage process of shaping not secure enough. In fact, the only curement system and improve mecha- the environment, clearing the insur- place that is would have to be a for- nisms for identifying and eliminating gents with military power, holding the tress in the middle of nowhere—or waste. I thank Senators LEVIN and area with effective security forces and Guantanamo Bay. MCCAIN for introducing this critical police, and building through a com- Let’s also not forget the cost to tax- piece of legislation and recognize them bination of governance and economic payers if such a thing would actually for their effort moving it through the Armed Services Committee. development. happen. We would not be able to mix The four stages, again, are shaping This bill is an essential step toward these prisoners with the general prison the environment, clearing the insur- eliminating wasteful inadequacies that population there, let alone the public. gents, holding the area, and building have permeated the weapons procure- We would have to build a hospital and through a combination of governance ment system. I am sure my colleagues medical facilities, exercise and eating and economic development. facilities, places for religious worship, share my deep concern about the Gov- In order to be successful in this com- and the list goes on and on and on. We ernment Accountability Office’s con- plex process, we must ensure that our have that at Gitmo. If anyone thinks clusion last year that ‘‘. . . DOD [ac- commanders have the necessary tools that is crazy, I recommend they travel quisition] programs continue to be sub- to effectively engage in counterinsur- to Gitmo and take a look. They al- optimal’’ resulting in ‘‘. . . lost buying gency operations, and this requires a ready have all of those facilities there. power and [lost] opportunities to re- fundamental rebalancing of our defense In fact, the medical facilities I saw are capitalize the force.’’ priorities. better than most in most of our small This is unconscionable and unaccept- As we shift resources from Iraq to Af- rural communities in this country. able for the world’s strongest military ghanistan, we hear over and over, we Why we keep coming back to this ri- power, especially as we continue to are facing potential shortages of some diculous argument, why we keep have troops in harm’s way. of the high-demand equipment and trivializing the crimes committed by Today, Senators LEVIN and MCCAIN ‘‘critical enablers,’’ such as UAV opera- those at Gitmo, and why we keep offer- will discuss some of the most egregious tors, engineers, air traffic controllers, ing up our American communities as a examples of a lack of oversight in the and road-clearing units. reasonable alternative is beyond me. acquisition process and cost discrep- The allocation of these scarce re- But I will say this: not in our back- ancies that surfaced over time. This is sources forces our military leadership yard, not in Kansas, not on this Sen- why this bill requires the Secretary of to make difficult decisions as it bal- ator’s watch, not on my watch. I don’t Defense to implement mechanisms ances competing needs in Afghanistan know how many times I have to say or that guarantee consideration of the and Iraq. These shortages underscore— shout this on the Senate floor before tradeoffs between major weapon sys- underscore—why we must eliminate this misbegotten idea is put to rest. tems cost, schedule, and performance waste and reshape our defense prior- But trust me—trust me—I will con- at each phase of the procurement proc- ities. tinue to do it until we come to our ess. It is in this regard that I wish to senses or until one of my colleagues This bill would give the Department highlight section 105 of this bill which who wants to close Gitmo offers a site of Defense the tools it needs to improve directs the Joint Requirements Over- in their State as a reasonable alter- the acquisition process to avoid ‘‘sub- sight Council to seek and consider native. optimal’’ results, reduce waste, and en- input from combatant commanders One Senator has a lot of tools in his sure that the cost of developing spe- prior to identifying joint military re- toolbox for keeping the Senate tied up cific weapon systems is commensurate quirements. in knots. If someone gets the bright with our defense needs. This provision is essential because it idea of moving these prisoners to Kan- According to Secretary Gates, this incorporates the views of our com- sas, we can all cancel our summer trav- will require ‘‘. . . a holistic assessment manders on the ground to ensure they el plans because we are going to be of capabilities, requirements, risks and have the tools they need to better pro- spending a lot of time here doing noth- needs’’ which will entail, among other tect our troops, defeat militants, and ing. Come to think of it, that might be things, ‘‘. . . a fundamental overhaul of succeed in our missions overseas. a better alternative as to where we are our approach to procurement, acquisi- As Secretary Gates wrote in ‘‘For- headed. tion and contracting.’’ eign Affairs’’ earlier this year, we must

VerDate Nov 24 2008 02:28 May 08, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.005 S07MYPT1 jbell on PROD1PC69 with SENATE May 7, 2009 CONGRESSIONAL RECORD — SENATE S5255 build innovative thinking and flexi- The Wisconsin community, including their tax dollars should not be used to bility into the procurement process, workers, economic development offi- save jobs overseas, but should instead and ‘‘the key is to make sure that the cials, technical colleges, workforce de- be used to save jobs in the United strategy and risk assessment drive the velopment groups, Governor Doyle, the States and in Wisconsin—and rightly procurement, rather than the other Federal congressional delegation, and so. The Federal delegation, State and way around.’’ others have mobilized to assist these local officials, and the Kenosha work- This is why we must institutionalize communities in the larger region in re- force are united in working together to these changes into the procurement sponding to this troubling news from try to persuade the administration and process which must be flexible enough both GM and Chrysler. Chrysler to reconsider this terrible de- to respond to developments on the I supported carving out some of the cision. ground and better equip our troops to Wall Street bailout funds to help U.S. I understand tough decisions need to engage in counterinsurgency. automakers because unlike the money be made as these companies restruc- I wish we had the procurement sys- heading to Wall Street firms, the ture themselves. But both Chrysler and tem set up under this bill years ago, money provided to the automakers ac- GM have received billions of American but it is never too late to institute tually had a chance of preserving es- needed change. I thank the authors, sential jobs in the United States. But taxpayer dollars since December and the companies as well as the adminis- Senator LEVIN and Senator MCCAIN, of that doesn’t mean we should give auto this important initiative and encour- companies a blank check, which is why tration need to take steps to help en- age my colleagues to join me in sup- I said that any Federal assistance pro- sure that those taxpayer dollars are porting this bill. vided to the automakers should come being utilized for the purpose they I yield the floor and suggest the ab- with requirements that the industry were intended—to save American jobs. sence of a quorum. reform itself, including producing more If Chrysler is going to close the Keno- The ACTING PRESIDENT pro tem- fuel efficient cars that Americans are sha plant as well as other domestic pore. The clerk will call the roll. now demanding. When Congress failed plants while keeping its overseas facili- The assistant bill clerk proceeded to to pass legislation to provide Federal ties open, then we need to think seri- call the roll. loans to the auto industry, I applauded ously about whether it is in the inter- Mr. FEINGOLD. Mr. President, I ask then-President Bush for stepping in est of the American taxpayers to pro- unanimous consent that the order for and using some of the Wall Street bail- vide continued financial assistance to the quorum call be rescinded. out money to help the auto industry the company. The PRESIDING OFFICER (Mr. while also requiring that the compa- There may still be some hope for the KAUFMAN). Without objection, it is so nies submit restructuring plans. Chrysler Engine Plant in Kenosha and ordered. Frankly, I am appalled that the auto- the GM Assembly Plant in Janesville, f makers that received taxpayer assist- and other American plants—if the ad- ance are not prioritizing the retention DOMESTIC AUTO INDUSTRY ministration steps up. The Janesville of American jobs, including jobs in community is waiting to hear whether Mr. FEINGOLD. Mr. President, it is Wisconsin. Over the past several or not the incentive package it pre- critically important to the country and months, I have heard concerns from sented to GM will be accepted and the to my State of Wisconsin that we do the workers at the Chrysler Kenosha Kenosha community is waiting to hear everything we can to preserve an Engine Plant that work that Chrysler whether Chrysler’s decision to close American auto manufacturing indus- had promised to assign to the Kenosha the Kenosha plant will be reconsidered. try. The domestic auto industry has plant might no longer actually be as- Over the years, both the Kenosha and been vital to the economic develop- signed to the Kenosha plant. At the Janesville workers have been comment of Wisconsin for much of the last same time, Kenosha’s workforce told mended for their productivity, their century, but that industry is under- me that the same work would likely creativity, and their willingness to ne- going a rapid restructuring right now, continue as scheduled at a plant in gotiate fairly with the management at and I am very concerned about how Mexico. each plant and both communities are this restructuring will affect commu- In response to these concerns, I led a great locations for retooled auto com- nities in Wisconsin. letter in early April, cosigned by Sen- panies to thrive in the future. We need an American auto industry, ator KOHL, Representative RYAN, and but it can’t be American in name only. Representative MOORE, to Secretary The first priority of any company re- American jobs must be protected. Un- Geithner and National Economic Coun- ceiving Federal taxpayer assistance fortunately, the auto restructuring cil Director Larry Summers. The letter should be to preserve jobs within the plans that have been put forward con- urged the administration to consider United States and I call upon the ad- tain proposals that ship jobs overseas. including a priority for saving auto ministration, Chrysler, and GM to re- That is not acceptable to me or to my manufacturing jobs in the United examine their restructuring plans to constituents. The taxpayer dollars that States as the administration worked make the preservation of U.S. jobs the are propping up the industry should be with the auto companies to craft re- top priority of these plans. I will con- used to preserve family-supporting jobs structuring plans. I received a response tinue to do all I can to support Wiscon- in Wisconsin and around the country. from Secretary Geithner that said it sin’s workers and local communities in My State of Wisconsin has been hard was the administration’s hope that any their efforts both to respond to these hit by the troubles in the auto industry Chrysler restructuring deal ‘‘will help decisions and to ensure these auto over the past year. There are two ensure that we retain as many Chrysler companies prioritize saving auto manu- major auto plants located in my jobs as possible in Wisconsin . . . .’’ facturing jobs in Wisconsin as the re- State—a General Motors plant in my Despite this assurance, the Kenosha structuring process moves forward in hometown of Janesville, and a Chrysler community found out through media the coming days and weeks. engine plant in Kenosha. In addition, last week that in fact no Chrysler jobs I yield the floor, and I suggest the ab- there are a dozen companies in Wis- would be retained at the Kenosha En- sence of a quorum. consin that support these two plants, gine Plant. Instead the Kenosha com- including supply companies and car munity was informed that the Kenosha The PRESIDING OFFICER. The dealers. plant would close by the end of 2010 clerk will call the roll. Both the Janesville and Kenosha while a Mexican plant slated to build The assistant legislative clerk pro- plants have received grim news from the same product that has been prom- ceeded to call the roll. GM and Chrysler over the past year, in- ised to the Kenosha facility would re- Mr. LEVIN. Mr. President, I ask cluding last year’s announcement that main open. production would cease at the GM This news, which was not heard di- unanimous consent that the order for Janesville plant and this week’s state- rectly from the company itself, out- the quorum call be rescinded. ment that the Kenosha engine plant raged the Kenosha community and The PRESIDING OFFICER. Without would close at the end of 2010. other Wisconsinites who believe that objection, it is so ordered.

VerDate Nov 24 2008 00:03 May 08, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.006 S07MYPT1 jbell on PROD1PC69 with SENATE S5256 CONGRESSIONAL RECORD — SENATE May 7, 2009 CONCLUSION OF MORNING able. The Senator from Washington has the capacity to assemble and assess reliable BUSINESS put her finger on a very significant cost information on the systems and assets to be acquired under major defense acquisi- The PRESIDING OFFICER. Morning issue, which is the industrial manufacturing base of the country. But it has tion programs. business is closed. (b) ELEMENTS.—The report required under been modified in a way that would not f subsection (a) shall include the following: make it difficult or impossible for us to (1) Mechanisms to identify any weaknesses WEAPON SYSTEMS ACQUISITION do what we need to do relative to end- in operations under major defense acquisi- REFORM ACT OF 2009—Continued ing the production of weapon systems tion programs that hinder the capacity to The PRESIDING OFFICER. Under which, for instance, are no longer use- assemble and assess reliable cost informa- the previous order, the Senate will re- ful or have so outlived or outdone the tion on the systems and assets to be acquired sume consideration of S. 454, which the expectations for the system and ex- under such programs in accordance with ap- ceeded the expected expense that they plicable accounting standards. clerk will report. (2) Mechanisms to address weaknesses in The assistant legislative clerk read are no longer practical in terms of operations under major defense acquisition as follows: their continued production. programs identified pursuant to the utiliza- A bill (S. 454) to improve the organization So she has raised an important issue. tion of the mechanisms set forth under para- and procedures of the Department of Defense It will be considered by the Secretary graph (1). for the acquisition of major weapon systems, of Defense when these decisions are (3) A description of the proposed imple- and for other purposes. made. But the thrust of our bill is to mentation of the mechanisms set forth pur- AMENDMENT NO. 1052, AS MODIFIED make it possible to end the production suant to paragraph (2) to address the weak- Mr. LEVIN. Mr. President, I now send of weapon systems if they are so costly nesses described in that paragraph, including— a modified Murray amendment to the that they no longer make sense or if (A) the actions to be taken to implement desk and ask that it be called up. they are not working effectively. That such mechanisms; The PRESIDING OFFICER. The is the thrust of this bill, the heart of (B) a schedule for carrying out such mech- clerk will report. the matter. Her contribution does not anisms; and The assistant legislative clerk read detract or diminish that important (C) metrics for assessing the progress made as follows: point of our bill. in carrying out such mechanisms. The Senator from Michigan [Mr. LEVIN], So we support that modified amend- (4) A description of the organization and for Mrs. MURRAY and Mr. CHAMBLISS, pro- ment and ask that the Senate adopt it. resources required to carry out mechanisms poses an amendment numbered 1052, as modi- The PRESIDING OFFICER. Is there set forth pursuant to paragraphs (1) and (2). (5) In the case of the financial management fied. further debate on the amendment? If Mr. LEVIN. Mr. President, I ask practices of each military department appli- not, the question is on agreeing to the cable to major defense acquisition pro- unanimous consent that the reading of amendment, as modified. grams— the amendment be dispensed with. The amendment (No. 1052), as modi- (A) a description of any weaknesses in such The PRESIDING OFFICER. Without fied, was agreed to. practices; and objection, it is so ordered. Mr. LEVIN. Mr. President, I move to (B) a description of the actions to be taken The amendment, as modified, is as reconsider the vote. to remedy such weaknesses. follows: Mr. MCCAIN. Mr. President, I move (c) CONSULTATION.— At the end of title II, add the following: to lay that motion on the table. (1) IN GENERAL.—In preparing the report required by subsection (a), the Chief Manage- SEC. 207. EXPANSION OF NATIONAL SECURITY The motion to lay on the table was OBJECTIVES OF THE NATIONAL ment Officer of the Department of Defense TECHNOLOGY AND INDUSTRIAL agreed to. shall seek and consider input from each of BASE. The PRESIDING OFFICER. The Sen- the following: (a) IN GENERAL.—Subsection (a) of section ator from Arizona. (A) The Chief Management Officer of the 2501 of title 10, United States Code, is amend- AMENDMENT NO. 1057 Department of the Army. ed by adding at the end the following new Mr. MCCAIN. Mr. President, I ask (B) The Chief Management Officer of the paragraph: unanimous consent to call up amend- Department of the Navy. ‘‘(6) Maintaining critical design skills to (C) The Chief Management Officer of the ensure that the armed forces are provided ment No. 1057, offered by the Senator Department of the Air Force. with systems capable of ensuring techno- from Oklahoma, Mr. COBURN. (2) FINANCIAL MANAGEMENT PRACTICES.—In logical superiority over potential adver- The PRESIDING OFFICER. The preparing for the report required by sub- saries.’’. clerk will report. section (a) the matters covered by subsection (b) NOTIFICATION OF CONGRESS UPON TERMI- The assistant legislative clerk read (b)(5) with respect to a particular military NATION OF MDAPS OF EFFECTS ON NATIONAL as follows: department, the Chief Management Officer SECURITY OBJECTIVES.—Such section is fur- of the Department of Defense shall consult The Senator from Arizona [Mr. MCCAIN], ther amended by adding at the end the fol- specifically with the Chief Management Offi- for Mr. COBURN, proposes an amendment lowing new subsection: cer of the military department concerned. ‘‘(c) NOTIFICATION OF CONGRESS UPON TER- numbered 1057. Mr. MCCAIN. I urge adoption of the MINATION OF MAJOR DEFENSE ACQUISITION Mr. MCCAIN. Mr. President, I ask PROGRAM OF EFFECTS ON OBJECTIVES.—(1) unanimous consent that the reading of amendment. Upon the termination of a major defense ac- the amendment be dispensed with. The PRESIDING OFFICER. Is there quisition program, the Secretary of Defense The PRESIDING OFFICER. Without further debate? If not, the question is shall notify Congress of the effects of such objection, it is so ordered. on agreeing to the amendment. termination on the national security objec- The amendment is as follows: The amendment (No. 1057) was agreed tives for the national technology and indus- to. trial base set forth in subsection (a), and the (Purpose: To require a plan for the elimi- Mr. MCCAIN. Mr. President, I move measures, if any, that have been taken or nation of weaknesses in operations that should be taken to mitigate those effects. hinder the capacity to assemble and assess to reconsider the vote. ‘‘(2) In this subsection, the term ‘major de- reliable cost information on assets ac- Mr. LEVIN. I move to lay that mo- fense acquisition program’ has the meaning quired under major defense acquisition tion on the table. given that term in section 2430 of this title.’’. programs) The motion to lay on the table was Mr. LEVIN. Mr. President, Senator At the end of title II, add the following: agreed to. MURRAY introduced an important SEC. 207. PLAN FOR ELIMINATION OF WEAK- Mr. MCCAIN. Mr. President, I believe amendment yesterday and spoke about NESSES IN OPERATIONS THAT there is a Senator coming over to HINDER CAPACITY TO ASSEMBLE it last night. It is intended to make AND ASSESS RELIABLE COST INFOR- speak, and I think that is the last certain that when the Secretary of De- MATION ON ACQUIRED ASSETS speaker on this bill that I know of. So fense looks at the question of cost and UNDER MAJOR DEFENSE ACQUISI- in the meantime, awaiting his arrival, whether weapon systems should be con- TION PROGRAMS. I yield the floor. (a) IN GENERAL.—Not later than 180 days The PRESIDING OFFICER. The Sen- tinued, that at least the Secretary after the date of the enactment of this Act, looks into the impact on the industrial the Chief Management Officer of the Depart- ator from Michigan. base. ment of Defense shall submit to Congress a Mr. LEVIN. Mr. President, I agree The amendment has been modified report setting forth a plan to identify and with Senator MCCAIN that we know of now in a way that makes this accept- address weaknesses in operations that hinder no more amendments that are going to

VerDate Nov 24 2008 02:28 May 08, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.009 S07MYPT1 jbell on PROD1PC69 with SENATE May 7, 2009 CONGRESSIONAL RECORD — SENATE S5257 be offered. But there are one or two than it helps us in the Pentagon. When fact, we will see great savings, better Senators who may want to speak on ei- we see the amount of time that is spent performance, and better procurement ther their amendments which have on most projects versus oversight, the for the American taxpayers. been adopted or on the bill itself, and American taxpayers are getting short- I yield the floor. we will know that within the next few changed. They are just getting short- The PRESIDING OFFICER. The Sen- minutes. changed. ator from Michigan. What we are exploring in both our I hope people will recognize that al- Mr. LEVIN. Let me thank the Sen- cloakrooms is whether we could pos- though sometimes earmarks turn out ator from Oklahoma for his amend- sibly have a vote on final passage in to be fantastic, the vast majority of ment. It was just adopted. It is a very about 10 or 15 minutes. We do not know times they do not, and we spend staff significant amendment, and what it re- if that is a possibility yet. If not, we time doing that rather than managing flects is the determination of the Sen- would vote on final passage sometime what is happening there today. ator from Oklahoma to get the Defense probably early this afternoon. But we Our No. 1 charge under the Constitu- Department to do something that in are trying now to identify what the tion is the defense of this country, and law they are required to do, which is to time would be for a vote on final pas- we do not just spend $500 billion on give us a financial statement which re- sage, and, hopefully, we will have more that or $600 billion. When we add up ev- ceives a clean audit opinion. to say on that in the next few mo- erything we spend, it comes—if we They haven’t done that for decades. ments. count nuclear weapons maintenance We have tried various ways to do it. I yield the floor, and I suggest the ab- and we count the research for nuclear The voice of the Senator from Okla- sence of a quorum. warheads, if we count everything that homa is a welcome addition to this ef- The PRESIDING OFFICER. The goes through, we are about at $1 tril- fort, and we appreciate his amendment clerk will call the roll. lion. When we add everything else, that and his willingness to work with us on The assistant legislative clerk pro- comes to that. And we are highly inef- the exact language thereof. ceeded to call the roll. ficient. NUNN-MCCURDY Mr. COBURN. Mr. President, I ask I am very appreciative with what is Ms. COLLINS. Mr. President, would unanimous consent that the order for happening within this bill. But I think the Senator yield for a question? the quorum call be rescinded. the American public ought to recognize Some have expressed concerns that The PRESIDING OFFICER. Without that the earmarking process in Con- changes proposed by this bill could objection, it is so ordered. gress has hurt the Defense Department cause Nunn-McCurdy breaches even Mr. COBURN. Mr. President, first of because it has taken away from us when a program is performing well and all, let me relay my appreciation to doing our regular job. when the Department has provided both the chairman and the ranking No. 2, Congress has hurt our procure- well-defined requirements. In par- member for this bill. It does a lot of ment and our ability to defend our- ticular these experts have pointed to things that needed to be done for a selves because we are not doing the the potential for unit cost breaches long time. I would also say it will not work we need to be doing, the over- that could be caused by policy deci- do anything unless the President puts sight on a monthly basis on major pro- sions to reduce the number of units in the right person who has the right grams. We cannot depend on IGs and that would be purchased by the pro- character; that is, mean as all get out, the GAO. We have to ask them: Are gram. These policy decisions could thorough, and comprehensive in what you on time? Are you meeting the originate in the executive branch or they are going to do and plans on stay- schedule we need to do this because we Congress and could be made regardless ing there for a long time. are putting one-third of our assets that of past program performance. Do you The other points I wanted to make, we expend every year into defense? It is believe this legislation will have that and I will be brief—really there are rich. And when we pay out $7, $8 billion effect, and, if so, was that your inten- two. I have listened to all of this de- for performance contracts that the per- tion? bate, not necessarily here but from my formance contractor did not make, did Mr. LEVIN. I thank the Senator for office. There is one thing that is miss- not meet the requirements, but we pay her inquiry. This legislation would not ing in the debate. We have had the it anyhow, we are the ones who allow change the existing Nunn-McCurdy problem with contractors, and there is that to happen. thresholds for unit cost breaches. I do a problem with the Pentagon. But not Finally, the last point I will make: not believe that programs that are per- once did I hear there is a problem with Until we address the revolving door of forming well have breached Nunn- us. working in the Pentagon and going to McCurdy thresholds in the past as a re- The real reason we have gotten into work for a contractor and how that im- sult of changes in the quantity of units trouble to the degree we have is be- pacts what people do in terms of pro- procured under a program, and I do not cause we have not done the oversight. curement and major decisions, we are consider it likely in the future. In the We have not done our job. So we are not going to solve this problem. Wheth- case of a program that is not per- seeing a great response now by the er it is an ethical constraint or a posi- forming well, a change in unit quan- leadership of the Armed Services Com- tive statement of principles, somehow tities may be sufficient to push a pro- mittee to do some of the right things. we have to address that issue because gram over the thresholds. This is a fac- But had we been doing our job, much of we cannot blame the people who are tor that the Department may consider what we see in terms of failed major looking for their next job to be less in deciding whether and how to con- procurement systems, lack of trans- than perfectly independent in this job tinue with the program. For programs parency, we could have had that trans- if, in fact, it is going to affect their fu- performing well, however, the likeli- parency had we been doing the over- ture. hood of a breach is extremely small. sight. So we have not addressed that in this Nonetheless, it is certainly not our in- I will give you an example. Senator bill, but that is still one of the things tention to penalize programs per- CARPER and I did the transparency on that has to be addressed because it is forming well, and I look forward to the C–5 retrofit, and we had a supposed problematic not only in terms of how continuing to work with the Senator as Nunn-McCurdy breach when, in fact, well we do but what we get for what we this bill proceeds through Congress to there was not a Nunn-McCurdy breach. actually pay out. address these concerns. The people wanted there to be a Nunn- Again, I thank the chairman and NIP-FUNDED ACQUISITION PROGRAMS McCurdy breach. The fact is, we could ranking member. I appreciate their Mrs. FEINSTEIN. Mr. President, S. in fact cut down costs, create trans- work. I appreciate them taking our 454, the Weapon Systems Acquisition parency, not just with the effects of amendment. My hope is that when we Reform Act of 2009, is important legis- what this bill is going to do, but if we combine what we have put forward lation to improve the organization and are much more aggressive. with a—I cannot use the word I want to procedures of the Department of De- The last point I will make is that use on the Senate floor—but someone fense for the acquisition of major there is no question that the ear- of significantly tough demeanor to weapons systems and other major de- marking process hampers us far more ramrod this through there, that, in fense systems. Chairman LEVIN and

VerDate Nov 24 2008 00:03 May 08, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.011 S07MYPT1 jbell on PROD1PC69 with SENATE S5258 CONGRESSIONAL RECORD — SENATE May 7, 2009 Ranking Member MCCAIN are to be con- lines of responsibility as provided for March 2008, by the Department of De- gratulated for reporting this bill from by the MOA. fense, DOD, the Government Services their committee with strong bipartisan The MOA of the DNI and Secretary of Administration, GSA, and the National support. Defense was later implemented in DOD Aeronautics and Space Administration, As my colleagues know, many of our Instruction No. 5000.2 on December 8, NASA, which requires the Federal Ac- most important, and costly, national 2008. quisitions Regulations, FAR, clearly intelligence programs are acquired by It should also be pointed out that in reflect the SBA’s interpretation of the intelligence community agencies that fact wholly and majority NIP-funded Small Business Act and the SBA’s are found within the Department of De- major system acquisitions executed in analysis of its own regulations and pro- fense. Like the Senate Armed Services accordance with intelligence commu- vide an equal playing field for small Committee, the Select Committee on nity acquisition policies are now usu- business firms who participate in the Intelligence, where the chairman and ally deemed to be ‘‘highly sensitive Federal contracting marketplace. The ranking member of the Armed Services classified programs’’ under title 10 SBA’s own counsel asserts that parity Committee sit as ex officio members, U.S.C. 2430 legislation must be adopted because has been concerned for many years Because S. 454 would cover all ‘‘major Federal agencies ‘‘ must be afforded about the need to improve the intel- defense acquisition programs’’ within some discretion in determining which ligence acquisition process and its the meaning of title 10 U.S.C. 2430, not small business program to utilize.’’ oversight in order to ensure we are just major weapons systems, I appre- Parties agree that small business making maximum best use of intel- ciate Chairman LEVIN agreeing to this should be treated uniformly. ligence resources. colloquy to clarify the impact of the Our amendment would provide Fed- The Congress looks to the Director of legislation on NIP-funded acquisition eral agencies with the necessary flexi- National Intelligence to manage and be programs executed within the Depart- bility to satisfy their Government-wide accountable for major systems acquisi- ment of Defense. statutory small business contracting Mr. Chairman, is it the case that S. tions funded by the National Intel- goals. It would provide these agencies 454 would not extend DOD’s jurisdic- ligence Program, NIP, even though with the ability to achieve their tion to any programs over which it these acquisitions are executed in goaling requirements equally through does not already have authority and other departments and agencies of the an award to a small business, a histori- that to the extent that NIP programs Federal Government. While many of us cally underutilized business zone, are outside the DOD acquisition sys- have had concerns about the implemen- HUBZone, small business concern, a tation of the Intelligence Reform and tem today, they would not be brought into the DOD acquisition system by service-disabled veteran-owned small Terrorism Prevention Act, IRPTA, of business, SDVOSB, firm, or a small 2004, the creation of the Office of the this bill? Mr. LEVIN. That is the case. This business participating in the 8(a) Busi- Director of National Intelligence, DNI, bill would neither extend nor contract ness Development Program. Of course and the establishment of the roles and DOD’s jurisdiction or authority over this list should also include the Wom- responsibilities of that office were im- the acquisition programs of DOD com- en’s Procurement Program once it fi- portant accomplishments that we on ponents that are a part of the intel- nally becomes fully implemented by the Intelligence Committee wish to see ligence community. the SBA. strengthened through robust imple- Mrs. FEINSTEIN. Mr. Chairman, do For years, it has been unclear to the mentation of the provisions of that act. you further agree that this bill is not acquisition community what, if any, is The Intelligence Reform and Ter- intended to change the DNI’s roles and the true order of preference when de- rorism Prevention Act gave the DNI responsibilities under the Intelligence termining which small business con- broad acquisition authorities over the Reform and Terrorism Protection Act tracting program is at the top of the NIP, but for NIP programs conducted of 2004 or to require revision of the agency’s priority list. This amendment within the DOD, the act required that March 2008 memorandum of agreement will make clear to purchasing agencies the DNI and the Secretary of Defense between the DNI and Secretary of De- that contracting officers may award share these authorities. Specifically, fense concerning NIP-funded acquisi- contracts to HUBZone, SDVOSB, 8(a) the act required: ‘‘For each intel- tion programs? firms with equal deference to each pro- ligence program within the National Mr. LEVIN. I agree with the chair- gram. Intelligence Program for the acquisi- man of the Intelligence Committee. S. This amendment represents the es- tion of a major system, the Director of 454 is not intended to amend IRTPA or sence of true parity—where each pro- National Intelligence shall . . . serve to modify the respective authorities of gram has an equal chance of being seas exclusive milestone decision author- the DNI and the Secretary of Defense lected for an award. And during these ity, except that with respect to the De- under that statute. S. 454 does not ad- difficult economic times, it is impera- partment of Defense programs the Di- dress the March 2008 memorandum of tive that small business contractors rector shall serve as milestone decision agreement between the DNI and the possess an equal opportunity to com- authority jointly with the Secretary of Secretary of Defense concerning NIP- pete for Federal contracts on the same Defense or the designee of the Sec- funded acquisition programs. It neither playing field with each other. retary.’’ ratifies that memorandum of agree- I urge my colleagues on both sides of Subsequently, Director of National ment nor requires any modification to the aisle to support this amendment. Intelligence Michael McConnell and the memorandum of agreement. Mr. CASEY. Mr. President, I rise to Secretary of Defense Robert Gates Mrs. FEINSTEIN. I thank the distin- express my strong support for the agreed in a memorandum of agree- guished chairman of the Armed Serv- Weapons System Acquisition Reform ment, MOA, signed in March 2008 that ices Committee and manager of this Act, introduced by the two leading this joint milestone decision authority bill. military experts in the U.S. Senate would be extended to majority NIP- Ms. SNOWE. Mr. President, as rank- today—Senators CARL LEVIN and JOHN funded acquisition programs as well. ing member of the Senate Committee MCCAIN. This rapid passage, after years They agreed that wholly and majority on Small Business and Entrepreneur- of delay and inaction, has occurred in NIP-funded acquisition programs would ship, I rise with my colleague Senator part because of the strong support be executed according to intelligence COLLINS, to file this vital amendment demonstrated by President Obama. The community acquisition policy. The to correct disparities among the Small President, in public remarks recently MOA states that its purpose is to pro- Business Administration’s, SBA, small on this issue, reaffirmed his strong vide for ‘‘a single acquisition process’’ business contracting programs and commitment to be a wise steward of for programs covered by it. I am sure thus create a more equitable method the American taxpayer’s dollars. That that we will all agree, as the DNI and for Federal agencies to fairly allocate commitment to fiscal prudence and the Secretary of Defense have done, Federal procurement dollars to small wise budgeting must apply equally to that it is vitally important that these business contractors across the nation. the Pentagon as it does any other Cabi- important intelligence acquisitions be This targeted amendment reflects a net Department. Those who argue that governed by a clear process with clear proposed rule promulgated last year, it is acceptable to tolerate some waste

VerDate Nov 24 2008 02:37 May 08, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.013 S07MYPT1 jbell on PROD1PC69 with SENATE May 7, 2009 CONGRESSIONAL RECORD — SENATE S5259 and inefficiency in our military budg- I was also proud to serve as a cospon- staffs. The work that has gone into this ets because we are talking about our sor on a series of important amend- bill has been extraordinary on the part national security have it wrong. It is ments offered by my colleague from of both staffs. I will get into that after precisely because our security is at Missouri, Senator MCCASKILL. I ap- passage of the bill and have perhaps stake that we must ensure, as Sec- plaud the Senator’s single-minded de- further thoughts. The role of Senator retary Gates has said, every dollar termination to root out waste, fraud MCCAIN has been absolutely invaluable wasted on cost overruns or inefficient and abuse in our procurement and con- and essential. We have worked together contracting is a dollar that cannot be tracting systems, and I am very very closely; as he puts it, in a non- spent on our men and women in service pleased to collaborate with her on partisan way. I thank him and his staff and making sure they have the right these important amendments, all of as well as my own. tools to succeed. which have been accepted by voice The PRESIDING OFFICER. The Sen- Defense acquisition reform is one of vote. Briefly, the amendments ensure ator from Alabama. those perennial Washington issues that that our war fighters in the field, as Mr. SESSIONS. Mr. President, I everyone talks about, but nobody ever represented by the Combatant Com- thank Senators LEVIN and MCCAIN for seems to get around to solving. Many manders, provide input to the weapons their work. We do need to address of my colleagues, in the debate over acquisition process; offer an oppor- wasteful spending. Both of these Sen- the past 2 days, have cited the GAO re- tunity for the key Pentagon civilian ators understand it. Senator MCCAIN port last year chronicling $296 billion official in charge of acquisition to sign has always been willing to challenge in cumulative cost overruns in the 96 off on all acquisition program decisions programs he thinks are not justified major acquisition programs currently made something that oddly does not for the warfighter. I wish to note a few things before we maintained by the Pentagon. But I yet occur on a regular basis; and vote on passage as well as urge support would like to quote from another re- strengthen safeguards to ensure com- for the legislation. First, the legiti- port: petitive prototyping for all major mate concerns voiced by the Depart- weapons systems before final purchase public confidence in the effectiveness of the ment of Defense about the implications defense acquisition system has been shaken decisions are made. of this bill have been listened to and by a spate of ‘‘horror stories’’—overpriced What matters, at the end of the day, have been reasonably accommodated. I spare parts, test deficiencies, and cost and is not just the dollars we save. All of us wish to highlight a few points identi- schedule overruns. Unwelcome at any time, have a fiduciary responsibility to safe- fied by a report last month by the Gov- such stories are particularly unsettling when guard the interests of our young men the Administration and Congress are seeking ernment Accountability Office, the and women who serve our nation. We ways to deal with record budget deficits. independent GAO, titled ‘‘Defense Ac- cannot continue paying excess dollars quisitions, Assessments of Selected This other report was not published on out of control weapons acquisition this year or last year. I am quoting Weapon Programs.’’ programs while we shortchange our Since 2003, the number of major de- from the legendary Packard Report, troops on time at home from extended published in 1986, which offered a fense acquisitions programs has grown deployments and the full range of bene- from 77 to 96. All 96 programs were as- scathing indictment of the defense ac- fits they and their families deserve. quisition process. Unfortunately, little sessed by GAO. They found investment That is at the heart of why the Levin- in these programs had grown from $1.2 seems to have changed in the inter- McCain acquisition reform legislation vening 23 years, and in some respects, trillion to $1.6 trillion. Research and must be enacted into law by Memorial development costs are now 42 percent our procurement system has only dete- Day, as called for by the President. riorated. higher than originally expected. The I suggest the absence of a quorum. cumulative cost growth was $296 bil- Year after year, we hear of cost over- The PRESIDING OFFICER. The runs and schedule delays that cost the lion. I find that to be a stunning num- clerk will call the roll. ber. I almost have to believe that American taxpayer billions of dollars. The assistant legislative clerk pro- Yet we never seem to muster the polit- somehow they calculated it in an ex- ceeded to call the roll. cessive way. Sometimes numbers can ical will to tackle the problem and Mr. LEVIN. I ask unanimous consent crack down on the systemic flaws that look misleading. But if it is a third of that the order for the quorum call be that, we have a major problem. They produce these chronic poor results. So rescinded. I am very pleased that this legislation concluded the cost growth on these The PRESIDING OFFICER. Without programs was almost $300 billion. The has moved from introduction to com- objection, it is so ordered. average delay in delivering the initial mittee markup to final Senate passage Mr. LEVIN. Mr. President, we are ap- capabilities has increased to 22 months. in a matter of months—after years of proaching the end of our debate. I be- So we have an excessive delay in pro- reports and blue ribbon commission of lieve the Senator from Alabama wishes ducing our capabilities. GAO found studies emphasizing the need for funda- to speak for up to 5 minutes. that only 28 percent of the programs mental reform of the process by which I ask unanimous consent that no fur- were expected to be delivered on time the Pentagon purchases the weapons ther amendments be in order, that fol- or ahead of schedule. systems used every day by our brave lowing the remarks of Senator SES- To combat cost growth, they found men and women. SIONS, the Senate proceed as provided that quantities; that is, the number of The Levin-McCain bill on the floor for under a previous order with respect the weapon systems and vehicles and today seeks to address key deficiencies to passage of S. 454. other things that were to be produced, in the early stages of the acquisition The PRESIDING OFFICER. Is there had to be reduced by 25 percent or more process for a weapons system, where objection? for 15 of the programs in the 2008 port- many of the problems first materialize. Mr. MCCAIN. Reserving the right to folio, and 10 of the largest acquisition The legislation would support the Pen- object—and I will not object—I thank programs, which account for half the tagon’s efforts to rebuild its procure- the chairman and all the staff for the overall acquisition dollars in the port- ment workforce, which has been dis- hard work they have done on this legis- folio, have seen quantities reduced by mantled over the past fifteen years and lation. Many hundreds of hours have almost one-third. contracted out. It would establish an been put in, as well as hours of hear- When the price per item goes up sig- independent office in the Pentagon to ings. I thank the chairman for his lead- nificantly, often the compensating ac- assess initial cost estimates provided ership and the kind of nonpartisanship tion is to reduce the numbers. But the for weapons systems, to ensure that these important issues require for the net reality is, that the taxpayer hasn’t rose-colored cost predictions are no good of the country. received as much as they expected out longer permitted to pass muster. Fi- I do not object. of the program. So clearly these statis- nally, the bill reinforces so-called The PRESIDING OFFICER. Without tics are disturbing and underscore the Nunn-McCurdy provisions to ensure objection, it is so ordered. need for this important legislation and that programs that go seriously off The Senator from Michigan. reform. track are terminated unless there is a Mr. LEVIN. Mr. President, I join in In summary, our warfighters are re- compelling reason not to do so. thanking Senator MCCAIN and our ceiving less capability at a higher cost

VerDate Nov 24 2008 00:03 May 08, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.039 S07MYPT1 jbell on PROD1PC69 with SENATE S5260 CONGRESSIONAL RECORD — SENATE May 7, 2009 than was originally agreed upon. I be- Voinovich Webb Wicker TITLE I—ACQUISITION ORGANIZATION Warner Whitehouse Wyden lieve this bill will improve the acquisi- SEC. 101. REPORTS ON SYSTEMS ENGINEERING tion process by ensuring the Depart- NOT VOTING—6 CAPABILITIES OF THE DEPARTMENT OF DEFENSE. ment and industry are more thoughtful Bond Kennedy Menendez (a) REPORTS BY SERVICE ACQUISITION EX- Johnson Lautenberg Rockefeller when estimating the production cost at ECUTIVES.—Not later than 180 days after the the beginning and the total life cycle The bill (S. 454), as amended, was date of the enactment of this Act, the serv- cost of these programs. While I am passed, as follows: ice acquisition executive of each military department shall submit to the Under Sec- mindful that acquisition reforms can S. 454 continue to be improved, I encourage retary of Defense for Acquisition, Tech- colleagues to vote in favor of this legis- Be it enacted by the Senate and House of Rep- nology, and Logistics a report setting forth resentatives of the United States of America in the following: lation. It is clearly a step in the right Congress assembled, direction. (1) A description of the extent to which SECTION 1. SHORT TITLE; TABLE OF CONTENTS. such military department has in place devel- I salute our chairman and our rank- (a) SHORT TITLE.—This Act may be cited as opment planning organizations and processes ing member, Senators LEVIN and the ‘‘Weapon Systems Acquisition Reform staffed by adequate numbers of personnel MCCAIN, for this accomplishment. Act of 2009’’. with appropriate training and expertise to I yield the floor. (b) TABLE OF CONTENTS.—The table of con- ensure that— The PRESIDING OFFICER. Under tents for this Act is as follows: (A) key requirements, acquisition, and budget decisions made for each major weap- the previous order, the substitute Sec. 1. Short title; table of contents. amendment, as amended, is agreed to. on system prior to Milestones A and B are Sec. 2. Definitions. supported by a rigorous systems analysis and The question is on the engrossment TITLE I—ACQUISITION ORGANIZATION systems engineering process; and third reading of the bill. Sec. 101. Reports on systems engineering ca- (B) the systems engineering strategy for The bill was ordered to be engrossed pabilities of the Department of each major weapon system includes a robust for a third reading and was read the Defense. program for improving reliability, avail- third time. Sec. 102. Director of Developmental Test and ability, maintainability, and sustainability Mr. LEVIN. I ask for the yeas and Evaluation. as an integral part of design and develop- nays. ment; and Sec. 103. Assessment of technological matu- (C) systems engineering requirements, in- The PRESIDING OFFICER. Is there a rity of critical technologies of cluding reliability, availability, maintain- sufficient second? major defense acquisition pro- ability, and sustainability requirements, are There appears to be. grams by the Director of De- identified during the Joint Capabilities Inte- The question is on the passage of the fense Research and Engineer- gration Development System process and in- ing. bill. corporated into contract requirements for Sec. 104. Director of Independent Cost As- each major weapon system. The clerk will call the roll. sessment. Mr. DURBIN. I announce that the (2) A description of the actions that such Sec. 105. Role of the commanders of the military department has taken, or plans to Senator from South Dakota (Mr. JOHN- combatant commands in identi- take, to— SON), the Senator from Massachusetts fying joint military require- (A) establish needed development planning (Mr. KENNEDY), the Senator from New ments. and systems engineering organizations and Jersey (Mr. LAUTENBERG), the Senator Sec. 106. Clarification of submittal of cer- processes; and from New Jersey (Mr. MENENDEZ), and tification of adequacy of budg- (B) attract, develop, retain, and reward the Senator from West Virginia (Mr. ets by the Director of the De- systems engineers with appropriate levels of partment of Defense Test Re- hands-on experience and technical expertise ROCKEFELLER) are necessarily absent. source Management Center. I further announce that, if present to meet the needs of such military depart- TITLE II—ACQUISITION POLICY ment. and voting, the Senator from West Vir- (b) REPORT BY UNDER SECRETARY OF DE- Sec. 201. Consideration of trade-offs among ginia (Mr. ROCKEFELLER) would vote FENSE FOR ACQUISITION, TECHNOLOGY, AND LO- cost, schedule, and performance ‘‘yea.’’ GISTICS.—Not later than 270 days after the in the acquisition of major date of the enactment of this Act, the Under Mr. KYL. The following Senator is weapon systems. Secretary of Defense for Acquisition, Tech- necessarily absent: the Senator from Sec. 202. Preliminary design review and crit- nology, and Logistics shall submit to the Missouri (Mr. BOND). ical design review for major de- Committee on Armed Services of the Senate The PRESIDING OFFICER (Mrs. fense acquisition programs. and the Committee on Armed Services of the HAGAN). Are there any other Senators Sec. 203. Ensuring competition throughout House of Representatives a report on the sys- in the Chamber desiring to vote? the life cycle of major defense tem engineering capabilities of the Depart- The result was announced—yeas 93, acquisition programs. ment of Defense. The report shall include, at nays 0, as follows: Sec. 204. Critical cost growth in major de- a minimum, the following: fense acquisition programs. [Rollcall Vote No. 186 Leg.] (1) An assessment by the Under Secretary Sec. 205. Organizational conflicts of interest of the reports submitted by the service ac- YEAS—93 in the acquisition of major quisition executives pursuant to subsection Akaka Dodd Lugar weapon systems. (a) and of the adequacy of the actions that Alexander Dorgan Martinez Sec. 206. Awards for Department of Defense each military department has taken, or Barrasso Durbin McCain personnel for excellence in the plans to take, to meet the systems engineer- Baucus Ensign McCaskill acquisition of products and ing and development planning needs of such Bayh Enzi McConnell services. Begich Feingold Merkley military department. Bennet Feinstein Mikulski Sec. 207. Earned Value Management. (2) An assessment of each of the rec- Bennett Gillibrand Murkowski Sec. 208. Expansion of national security ob- ommendations of the report on Pre-Mile- Bingaman Graham Murray jectives of the national tech- stone A and Early-Phase Systems Engineer- Boxer Grassley Nelson (NE) nology and industrial base. ing of the Air Force Studies Board of the Na- Brown Gregg Nelson (FL) Sec. 209. Plan for elimination of weaknesses tional Research Council, including the rec- Brownback Hagan Pryor Bunning Harkin Reed in operations that hinder ca- ommended checklist of systems engineering Burr Hatch Reid pacity to assemble and assess issues to be addressed prior to Milestones A Burris Hutchison Risch reliable cost information on ac- and B, and the extent to which such rec- Byrd Inhofe Roberts quired assets under major de- ommendations should be implemented Cantwell Inouye Sanders fense acquisition programs. throughout the Department of Defense. Cardin Isakson Schumer SEC. 2. DEFINITIONS. SEC. 102. DIRECTOR OF DEVELOPMENTAL TEST Carper Johanns Sessions AND EVALUATION. Casey Kaufman Shaheen In this Act: Chambliss Kerry Shelby (1) The term ‘‘congressional defense com- (a) ESTABLISHMENT OF POSITION.— Coburn Klobuchar Snowe mittees’’ has the meaning given that term in (1) IN GENERAL.—Chapter 4 of title 10, Cochran Kohl Specter section 101(a)(16) of title 10, United States United States Code, is amended by inserting Collins Kyl Stabenow Code. after section 139b the following new section: Conrad Landrieu Tester ‘‘§ 139c. Director of Developmental Test and Corker Leahy Thune (2) The term ‘‘major defense acquisition Cornyn Levin Udall (CO) program’’ has the meaning given that term Evaluation Crapo Lieberman Udall (NM) in section 2430 of title 10, United States ‘‘(a) There is a Director of Developmental DeMint Lincoln Vitter Code. Test and Evaluation, who shall be appointed

VerDate Nov 24 2008 00:03 May 08, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.015 S07MYPT1 jbell on PROD1PC69 with SENATE May 7, 2009 CONGRESSIONAL RECORD — SENATE S5261

by the Secretary of Defense from among in- tion Master Plan for a major defense acquisi- (1) IN GENERAL.—Section 139a of title 10, dividuals with an expertise in acquisition tion program in the preceding year. United States Code, is amended by adding at and testing. ‘‘(B) An assessment of the organization and the end the following new subsection: ‘‘(b)(1) The Director of Developmental Test capabilities of the Department of Defense for ‘‘(c)(1) The Director of Defense Research and Evaluation shall be the principal advisor test and evaluation. and Engineering shall, in consultation with to the Secretary of Defense and the Under ‘‘(2) The Secretary of Defense may include the Director of Developmental Test and Secretary of Defense for Acquisition, Tech- in any report submitted to Congress under Evaluation, periodically review and assess nology, and Logistics on developmental test this subsection such comments on such re- the technological maturity and integration and evaluation in the Department of De- port as the Secretary considers appro- risk of critical technologies of the major defense. priate.’’. fense acquisition programs of the Depart- ‘‘(2) The individual serving as the Director (2) CLERICAL AMENDMENT.—The table of ment of Defense and report on the findings of of Developmental Test and Evaluation may sections at the beginning of chapter 4 of such such reviews and assessments to the Under also serve concurrently as the Director of title is amended by inserting after the item Secretary of Defense for Acquisition, Tech- the Department of Defense Test Resource relating to section 139b the following new nology, and Logistics. Management Center under section 196 of this item: ‘‘(2) The Director shall submit to the Sec- title. retary of Defense and to Congress each year ‘‘(3) The Director shall be subject to the ‘‘139c. Director of Developmental Test and a report on the technological maturity and supervision of the Under Secretary of De- Evaluation.’’. integration risk of critical technologies of fense for Acquisition, Technology, and Logis- (3) CONFORMING AMENDMENTS.— the major defense acquisition programs of tics and shall report to the Under Secretary. (A) Section 196(f) of title 10, United States the Department of Defense.’’. ‘‘(4)(A) The Under Secretary shall provide Code, is amended by striking ‘‘the Under guidance to the Director to ensure that the (2) FIRST ANNUAL REPORT.—The first annual Secretary of Defense for Acquisition, Tech- report under subsection (c)(2) of section 139a developmental test and evaluation activities nology, and Logistics’’ and all that follows of the Department of Defense are fully inte- of title 10, United States Code (as added by and inserting ‘‘the Under Secretary of De- paragraph (1)), shall be submitted to Con- grated into and consistent with the systems fense for Acquisition, Technology, and Logis- engineering and development processes of gress not later than March 1, 2011, and shall tics and the Director of Developmental Test address the results of reviews and assess- the Department. and Evaluation.’’. ‘‘(B) The guidance under this paragraph ments conducted by the Director of Defense (B) Section 139(b) of such title is amend- Research and Engineering pursuant to sub- shall ensure, at a minimum, that— ed— ‘‘(i) developmental test and evaluation re- section (c)(1) of such section (as so added) (i) by redesignating paragraphs (4) through during the preceding calendar year. quirements are fully integrated into the Sys- (6) as paragraphs (5) through (7), respec- tems Engineering Master Plan for each (b) REPORT ON RESOURCES FOR IMPLEMENTA- tively; and TION.—Not later than 120 days after the date major defense acquisition program; and (ii) by inserting after paragraph (3) the fol- ‘‘(ii) systems engineering and development of the enactment of this Act, the Director of lowing new paragraph (4): Defense Research and Engineering shall sub- planning requirements are fully considered ‘‘(4) review and approve the test and eval- in the Test and Evaluation Master Plan for mit to the congressional defense committees uation master plan for each major defense a report describing any additional resources, each major defense acquisition program. acquisition program of the Department of ‘‘(c) The Director of Developmental Test including specialized workforce, that may be Defense;’’. and Evaluation shall— required by the Director, and by other ‘‘(1) develop policies and guidance for the (b) REPORTS ON DEVELOPMENTAL TESTING science and technology elements of the De- developmental test and evaluation activities ORGANIZATIONS AND PERSONNEL.— partment of Defense, to carry out the fol- of the Department of Defense (including in- (1) REPORTS BY SERVICE ACQUISITION EXECU- lowing: tegration and developmental testing of soft- TIVES.—Not later than 180 days after the date (1) The requirements under the amendment ware); of the enactment of this Act, the service ac- made by subsection (a). ‘‘(2) monitor and review the developmental quisition executive of each military depart- (2) The technological maturity assess- test and evaluation activities of the major ment shall submit to the Director of Devel- ments required by section 2366b(a) of title 10, defense acquisition programs and major opmental Test and Evaluation a report on United States Code, as amended by section automated information systems programs of the extent to which the test organizations of 202 of this Act. the Department of Defense; such military department have in place, or (3) The requirements of Department of De- ‘‘(3) review and approve the test and eval- have effective plans to develop, adequate fense Instruction 5000, as revised. uation master plan for each major defense numbers of personnel with appropriate ex- (c) TECHNOLOGICAL MATURITY STANDARDS.— acquisition program of the Department of pertise for each purpose as follows: For purposes of the review and assessment Defense; (A) To ensure that testing requirements conducted by the Director of Defense Re- ‘‘(4) supervise the activities of the Director are appropriately addressed in the trans- search and Engineering in accordance with of the Department of Defense Test Resource lation of operational requirements into con- subsection (c) of section 139a of title 10, Management Center under section 196 of this tract specifications, in the source selection United States Code (as added by subsection title, or carry out such activities if serving process, and in the preparation of requests (a)), a critical technology is considered to be concurrently as the Director of Develop- for proposals on all major defense acquisi- mature— mental Test and Evaluation and the Director tion programs. (1) in the case of a major defense acquisi- of the Department of Defense Test Resource (B) To participate in the planning of devel- tion program that is being considered for Management Center under subsection (b)(2); opmental test and evaluation activities, in- Milestone B approval, if the technology has ‘‘(5) review the organizations and capabili- cluding the preparation and approval of a been demonstrated in a relevant environ- ties of the military departments with respect test and evaluation master plan for each ment; and to developmental test and evaluation and major defense acquisition program. (2) in the case of a major defense acquisi- identify needed changes or improvements to (C) To participate in and oversee the con- tion program that is being considered for such organizations and capabilities; and duct of developmental testing, the analysis Milestone C approval, if the technology has ‘‘(6) perform such other activities relating of data, and the preparation of evaluations been demonstrated in a realistic environ- to the developmental test and evaluation ac- and reports based on such testing. ment. IRST ANNUAL REPORT BY DIRECTOR OF tivities of the Department of Defense as the (2) F SEC. 104. DIRECTOR OF INDEPENDENT COST AS- Under Secretary of Defense for Acquisition, DEVELOPMENTAL TEST AND EVALUATION.—The SESSMENT. first annual report submitted to Congress by Technology, and Logistics may prescribe. (a) DIRECTOR OF INDEPENDENT COST ASSESS- the Director of Developmental Test and ‘‘(d) The Director of Developmental Test MENT.— Evaluation under section 139c(e) of title 10, and Evaluation shall have access to all (1) IN GENERAL.—Chapter 4 of title 10, records and data of the Department of De- United States Code (as added by subsection United States Code, as amended by section fense (including the records and data of each (a)), shall be submitted not later than one 102 of this Act, is further amended by insert- military department) that the Director con- year after the date of the enactment of this ing after section 139c the following new sec- siders necessary in order to carry out the Di- Act, and shall include an assessment by the tion: rector’s duties under this section. Director of the reports submitted by the ‘‘(e)(1) The Director of Developmental Test service acquisition executives to the Direc- ‘‘§ 139d. Director of Independent Cost Assess- and Evaluation shall submit to Congress tor under paragraph (1). ment each year a report on the developmental test SEC. 103. ASSESSMENT OF TECHNOLOGICAL MA- ‘‘(a) There is a Director of Independent and evaluation activities of the major de- TURITY OF CRITICAL TECH- Cost Assessment in the Department of De- fense acquisition programs and major auto- NOLOGIES OF MAJOR DEFENSE AC- fense, appointed by the President, by and mated information system programs of the QUISITION PROGRAMS BY THE DI- with the advice and consent of the Senate. of the Department of Defense. Each report RECTOR OF DEFENSE RESEARCH The Director shall be appointed without re- shall include, at a minimum, the following: AND ENGINEERING. gard to political affiliation and solely on the ‘‘(A) A discussion of any waivers to testing (a) ASSESSMENT BY DIRECTOR OF DEFENSE basis of fitness to perform the duties of the activities included in the Test and Evalua- RESEARCH AND ENGINEERING.— Director.

VerDate Nov 24 2008 02:28 May 08, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.028 S07MYPT1 jbell on PROD1PC69 with SENATE S5262 CONGRESSIONAL RECORD — SENATE May 7, 2009 ‘‘(b) The Director is the principal advisor that they are fair and reliable, and develop port costs on major defense acquisition pro- to the Secretary of Defense, the Under Sec- or require the development of independent grams and submit to the Secretary of De- retary of Defense for Acquisition, Tech- cost estimates or cost analyses for such pro- fense a report on the finding and rec- nology, and Logistics, and the Under Sec- gram, as the Director determines to be ap- ommendations of the Director as a result of retary of Defense (Comptroller) on cost esti- propriate. the review, including an assessment by the mation and cost analyses for the acquisition ‘‘(3) The Director shall have access to any Director of the feasibility and advisability of programs of the Department of Defense and records and data in the Department of De- establishing baselines for operating and sup- the principal cost estimation official within fense (including the records and data of each port costs under section 2435 of title 10, the senior management of the Department of military department) that the Director con- United States Code. Defense. The Director shall— siders necessary to review in order to carry (2) TRANSMITTAL TO CONGRESS.—Not later ‘‘(1) prescribe, by authority of the Sec- out the Director’s duties under this section. than 30 days after receiving the report re- retary of Defense, policies and procedures for ‘‘(e)(1) The Director shall prepare an an- quired by paragraph (1), the Secretary shall the conduct of cost estimation and cost anal- nual report summarizing the cost estimation transmit the report to the congressional de- ysis for the acquisition programs of the De- and cost analysis activities of the Depart- fense committees, together with any com- partment of Defense; ment of Defense during the previous year ments on the report the Secretary considers ‘‘(2) provide guidance to and consult with and assessing the progress of the Department appropriate. the Secretary of Defense, the Under Sec- in improving the accuracy of its costs esti- (c) TRANSFER OF PERSONNEL AND FUNCTIONS retary of Defense for Acquisition, Tech- mates and analyses. The report shall include OF COST ANALYSIS IMPROVEMENT GROUP.— nology, and Logistics, the Under Secretary an assessment of— The personnel and functions of the Cost of Defense (Comptroller), and the Secretaries ‘‘(A) the extent to which each of the mili- Analysis Improvement Group of the Depart- of the military departments with respect to tary departments have complied with poli- ment of Defense are hereby transferred to cost estimation in the Department of De- cies, procedures, and guidance issued by the the Director of Independent Cost Assessment fense in general and with respect to specific Director with regard to the preparation of under section 139d of title 10, United States cost estimates and cost analyses to be con- cost estimates; and Code (as so added), and shall report directly ducted in connection with a major defense ‘‘(B) the overall quality of cost estimates to the Director. (d) CONFORMING AMENDMENTS.— acquisition program under chapter 144 of this prepared by each of the military depart- (1) Section 181(d) of title 10, United States title or a major automated information sys- ments. Code, is amended by inserting ‘‘the Director tem program under chapter 144A of this title; ‘‘(2) Each report under this subsection of Independent Cost Assessment,’’ before ‘‘(3) establish guidance on confidence levels shall be submitted concurrently to the Sec- ‘‘and the Director’’. for cost estimates on major defense acquisi- retary of Defense, the Under Secretary of De- (2) Section 2306b(i)(1)(B) of such title is tion programs, require that all such esti- fense for Acquisition, Technology, and Logis- amended by striking ‘‘Cost Analysis Im- mates include confidence levels compliant tics, the Under Secretary of Defense (Comp- provement Group of the Department of De- with such guidance, and require the disclo- troller), and Congress not later than 10 days fense’’ and inserting ‘‘Director of Inde- sure of all such confidence levels (including after the transmission of the budget for the pendent Cost Assessment’’. through Selected Acquisition Reports sub- next fiscal year under section 1105 of title 31. (3) Section 2366a(a)(4) of such title is mitted pursuant to section 2432 of this title); The Director shall ensure that a report sub- amended by striking ‘‘has been submitted’’ ‘‘(4) monitor and review all cost estimates mitted under this subsection does not in- and inserting ‘‘has been approved by the Di- and cost analyses conducted in connection clude any information, such as proprietary rector of Independent Cost Assessment’’. with major defense acquisition programs and or source selection sensitive information, (4) Section 2366b(a)(1)(C) of such title is major automated information system pro- that could undermine the integrity of the ac- amended by striking ‘‘have been developed grams; and quisition process. Each report submitted to to execute’’ and inserting ‘‘have been ap- ‘‘(5) conduct independent cost estimates Congress under this subsection shall be post- proved by the Director of Independent Cost and cost analyses for major defense acquisi- ed on an Internet website of the Department Assessment to provide for the execution of’’. tion programs and major automated infor- of Defense that is available to the public. (5) Section 2433(e)(2)(B)(iii) of such title is mation system programs for which the ‘‘(3) The Secretary may comment on any amended by striking ‘‘are reasonable’’ and Under Secretary of Defense for Acquisition, report of the Director to Congress under this inserting ‘‘have been determined by the Di- Technology, and Logistics is the Milestone subsection. rector of Independent Cost Assessment to be Decision Authority— ‘‘(f) The President shall include in the reasonable’’. ‘‘(A) in advance of— budget transmitted to Congress pursuant to (6) Subparagraph (A) of section 2434(b)(1) of ‘‘(i) any certification under section 2366a or section 1105 of title 31 for each fiscal year a such title is amended to read as follows: 2366b of this title; separate statement of estimated expendi- ‘‘(A) be prepared or approved by the Direc- ‘‘(ii) any certification under section tures and proposed appropriations for that tor of Independent Cost Assessment; and’’. 2433(e)(2) of this title; and fiscal year for the Director of Independent (7) Section 2445c(f)(3) of such title is ‘‘(iii) any report under section 2445c(f) of Cost Assessment in carrying out the duties amended by striking ‘‘are reasonable’’ and this title; and and responsibilities of the Director under inserting ‘‘have been determined by the Di- ‘‘(B) whenever necessary to ensure that an this section. rector of Independent Cost Assessment to be estimate or analysis under paragraph (4) is ‘‘(g) The Secretary of Defense shall ensure reasonable’’. unbiased, fair, and reliable. that the Director has sufficient professional (e) COMPTROLLER GENERAL OF THE UNITED ‘‘(c)(1) The Director may communicate staff of military and civilian personnel to en- STATES REVIEW OF OPERATING AND SUPPORT views on matters within the responsibility of able the Director to carry out the duties and COSTS OF MAJOR WEAPON SYSTEMS.— the Director directly to the Secretary of De- responsibilities of the Director under this (1) IN GENERAL.—Not later than one year fense and the Deputy Secretary of Defense section.’’. after the date of the enactment of this Act, without obtaining the approval or concur- (2) CLERICAL AMENDMENT.—The table of the Comptroller General of the United States rence of any other official within the Depart- sections at the beginning of chapter 4 of such shall submit to the congressional defense ment of Defense. title, as so amended, is further amended by committees a report on growth in operating ‘‘(2) The Director shall consult closely inserting after the item relating to section and support costs for major weapon systems. with, but the Director and the Director’s 139c the following new item: (2) ELEMENTS.—In preparing the report re- staff shall be independent of, the Under Sec- ‘‘139d. Director of Independent Cost Assess- retary of Defense for Acquisition, Tech- quired by paragraph (1), the Comptroller ment.’’. nology, and Logistics, the Under Secretary General shall, at a minimum— of Defense (Comptroller), and all other offi- (3) EXECUTIVE SCHEDULE LEVEL IV.—Section (A) identify the original estimates for op- cers and entities of the Department of De- 5315 of title 5, United States Code, is amend- erating and support costs for major weapon fense responsible for acquisition and budg- ed by inserting after the item relating to the systems selected by the Comptroller General eting. Director of Operational Test and Evaluation, for purposes of the report; ‘‘(d)(1) The Secretary of a military depart- Department of Defense the following new (B) assess the actual operating and support ment shall report promptly to the Director item: costs for such major weapon systems; the results of all cost estimates and cost ‘‘Director of Independent Cost Assessment, (C) analyze the rate of growth for oper- analyses conducted by the military depart- Defense of Defense.’’. ating and support costs for such major weap- ment and all studies conducted by the mili- (b) REPORT ON MONITORING OF OPERATING on systems; tary department in connection with cost es- AND SUPPORT COSTS FOR MDAPS.— (D) for such major weapon systems that timates and cost analyses for major defense (1) REPORT TO SECRETARY OF DEFENSE.—Not have experienced the highest rate of growth acquisition programs of the military depart- later than one year after the date of the en- in operating and support costs, assess the ment. actment of this Act, the Director of Inde- factors contributing to such growth; ‘‘(2) The Director may make comments on pendent Cost Assessment under section 139d (E) assess measures taken by the Depart- cost estimates and cost analyses conducted of title 10 United States Code (as added by ment of Defense to reduce operating and sup- by a military department for a major defense subsection (a)), shall review existing systems port costs for major weapon systems; and acquisition program, request changes in such and methods of the Department of Defense (F) make such recommendations as the cost estimates and cost analyses to ensure for tracking and assessing operating and sup- Comptroller General considers appropriate.

VerDate Nov 24 2008 00:03 May 08, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.028 S07MYPT1 jbell on PROD1PC69 with SENATE May 7, 2009 CONGRESSIONAL RECORD — SENATE S5263

(3) MAJOR WEAPON SYSTEM DEFINED.—In (1) IN GENERAL.—The Secretary of Defense address any shortcoming identified by the this subsection, the term ‘‘major weapon shall develop and implement mechanisms to Under Secretary in the course of the review system’’ has the meaning given that term in ensure that trade-offs between cost, sched- under paragraph (2). 2379(d) of title 10, United States Code. ule, and performance are considered as part (4) NOTICE ON CONTINUING DISAGREEMENT ON SEC. 105. ROLE OF THE COMMANDERS OF THE of the process for developing requirements REQUIREMENT.—If the Under Secretary for COMBATANT COMMANDS IN IDENTI- for major weapon systems. Acquisition, Technology, and Logistics and FYING JOINT MILITARY REQUIRE- (2) ELEMENTS.—The mechanisms required the Joint Requirements Oversight Council MENTS. under this subsection shall ensure, at a min- are unable to reach agreement on a joint (a) IN GENERAL.—Section 181 of title 10, imum, that— military requirement that has been returned United States Code, as amended by section (A) Department of Defense officials respon- to the Council by the Under Secretary under 104(d)(1) of this Act, is further amended— sible for acquisition, budget, and cost esti- paragraph (4), the Under Secretary shall (1) by redesignating subsections (e), (f), and mating functions are provided an appro- transmit notice of lack of agreement on the (g) as subsections (f), (g), and (h), respec- priate opportunity to develop estimates and requirement to the Secretary of Defense. tively; and raise cost and schedule matters before per- (5) RESOLUTION OF CONTINUING DISAGREE- (2) by adding after subsection (d) the fol- formance requirements are established for MENT.—Upon receiving notice under para- lowing new subsection (e): major weapon systems; and graph (4) of a lack of agreement on a joint ‘‘(e) INPUT FROM COMBATANT COMMANDERS (B) consideration is given to fielding major military requirement, the Secretary of De- ON JOINT MILITARY REQUIREMENTS.—The weapon systems through incremental or spi- fense shall make a final determination on Council shall seek and consider input from ral acquisition, while deferring technologies whether or not to validate the requirement. the commanders of the combatant com- that are not yet mature, and capabilities (d) ANALYSIS OF ALTERNATIVES.— mands in carrying out its mission under that are likely to significantly increase (1) REQUIREMENT AT MATERIAL SOLUTION paragraphs (1) and (2) of subsection (b) and in costs or delay production, until later incre- ANALYSIS PHASE.—The Under Secretary of conducting periodic reviews in accordance ments or spirals. Defense for Acquisition, Technology, and Lo- with the requirements of subsection (f). Such (3) MAJOR WEAPONS SYSTEM DEFINED.—In gistics shall ensure that Department of De- input may include, but is not limited to, an this subsection, the term ‘‘major weapon fense guidance on major defense acquisition assessment of the following: system’’ has the meaning given that term in programs requires the Milestone Decision ‘‘(1) Any current or projected missions or section 2379(d) of title 10, United States Authority to conduct an analysis of alter- threats in the theater of operations of the Code. natives (AOA) during the Material Solution commander of a combatant command that (b) DUTIES OF JOINT REQUIREMENTS OVER- Analysis Phase of each major defense acqui- would justify a new joint military require- SIGHT COUNCIL.—Section 181(b)(1) of title 10, sition program. United States Code, is amended— ment. (2) ELEMENTS.—Each analysis of alter- ‘‘(2) The necessity and sufficiency of a pro- (1) in subparagraph (A), by striking ‘‘and’’ natives under paragraph (1) shall, at a min- posed joint military requirement in terms of at the end; imum— current and projected missions or threats. (2) in subparagraph (B), by striking the pe- (A) solicit and consider alternative ap- riod at the end and inserting ‘‘; and’’; and ‘‘(3) The relative priority of a proposed proaches proposed by the military depart- (3) by adding at the end the following new joint military requirement in comparison ments and Defense Agencies to meet joint subparagraph: with other joint military requirements. military requirements; and ‘‘(C) in ensuring the consideration of trade- ‘‘(4) The ability of partner nations in the (B) give full consideration to possible offs among cost, schedule and performance theater of operations of the commander of a trade-offs between cost, schedule, and per- for joint military requirements in consulta- combatant command to assist in meeting the formance for each of the alternatives so con- tion with the advisors specified in subsection joint military requirement or to partner in sidered. (d);’’. using technologies developed to meet the (e) DUTIES OF MILESTONE DECISION AUTHOR- (c) REVIEW OF JOINT MILITARY REQUIRE- joint military requirement.’’. ITY.—Section 2366b(a)(1)(B) of title 10, United MENTS.— (b) COMPTROLLER GENERAL OF THE UNITED States Code, is amended by inserting ‘‘appro- (1) JROC SUBMITTAL OF RECOMMENDED RE- STATES REVIEW OF IMPLEMENTATION.—Not priate trade-offs between cost, schedule, and QUIREMENTS TO UNDER SECRETARY FOR ATL.— later than two years after the date of the en- performance have been made to ensure that’’ Upon recommending a new joint military re- actment of this Act, the Comptroller General before ‘‘the program is affordable’’. of the United States shall submit to the quirement, the Joint Requirements Over- sight Council shall transmit the rec- SEC. 202. PRELIMINARY DESIGN REVIEW AND Committees on Armed Services of the Senate CRITICAL DESIGN REVIEW FOR and the House of Representatives a report on ommendation to the Under Secretary of De- MAJOR DEFENSE ACQUISITION PRO- the implementation of the requirements of fense for Acquisition, Technology, and Logis- GRAMS. subsection (e) of section 181 of title 10, tics for review and concurrence or non-con- (a) PRELIMINARY DESIGN REVIEW.—Section United States Code (as amended by sub- currence in the recommendation. 2366b(a) of title 10, United States Code, as section (a)), for the Joint Requirements (2) REVIEW OF RECOMMENDED REQUIRE- amended by section 201(d) of this Act, is fur- Oversight Council to solicit and consider MENTS.—The Under Secretary for Acquisi- ther amended— input from the commanders of the combat- tion, Technology, and Logistics shall review (1) in paragraph (1), by striking ‘‘and’’ at ant commands. The report shall include, at a each recommendation transmitted under the end; minimum, an assessment of the extent to paragraph (1) to determine whether or not (2) by redesignating paragraph (2) as para- which the Council has effectively sought, the Joint Requirements Oversight Council graph (3); and the commanders of the combatant com- has, in making such recommendation— (3) by inserting after paragraph (1) the fol- mands have provided, meaningful input on (A) taken appropriate action to solicit and lowing new paragraph (2): proposed joint military requirements. consider input from the commanders of the ‘‘(2) has received a preliminary design re- combatant commands in accordance with the SEC. 106. CLARIFICATION OF SUBMITTAL OF CER- view (PDR) and conducted a formal post-pre- TIFICATION OF ADEQUACY OF requirements of section 181(e) of title 10, liminary design review assessment, and cer- BUDGETS BY THE DIRECTOR OF THE United States Code (as amended by section tifies on the basis of such assessment that DEPARTMENT OF DEFENSE TEST RE- 105); the program demonstrates a high likelihood SOURCE MANAGEMENT CENTER. (B) given appropriate consideration to of accomplishing its intended mission; and’’; Section 196(e)(2) of title 10, United States trade-offs among cost, schedule, and per- and Code, is amended— formance in accordance with the require- (4) in paragraph (3), as redesignated by (1) by redesignating subparagraph (B) as ments of section 181(b)(1)(C) of title 10, paragraph (2) of this section— subparagraph (C); and United States Code (as amended by sub- (A) in subparagraph (D), by striking the (2) by inserting after subparagraph (A) the section (b)); and semicolon and inserting ‘‘, as determined by following new subparagraph (B): (C) given appropriate consideration to the Milestone Decision Authority on the ‘‘(B) If the Director of the Center is not issues of joint portfolio management, includ- basis of an independent review and assess- serving concurrently as the Director of De- ing alternative material and non-material ment by the Director of Defense Research velopmental Test and Evaluation under sub- solutions, as provided in Chairman of the and Engineering; and’’; section (b)(2) of section 139c of this title, the Joint Chiefs of Staff Instruction 3170.01G. (B) by striking subparagraph (E); and certification of the Director of the Center (3) NON-CONCURRENCE OF UNDER SECRETARY (C) by redesignating subparagraph (F) as under subparagraph (A) shall, notwith- FOR ATL.—If the Under Secretary for Acquisi- subparagraph (E). standing subsection (c)(4) of such section, be tion, Technology, and Logistics determines (b) CRITICAL DESIGN REVIEW.—The Under submitted directly and independently to the that the Joint Requirements Oversight Secretary of Defense for Acquisition, Tech- Secretary of Defense.’’. Council has failed to take appropriate action nology, and Logistics shall ensure that De- TITLE II—ACQUISITION POLICY in accordance with subparagraphs (A), (B), partment of Defense guidance on major de- SEC. 201. CONSIDERATION OF TRADE-OFFS and (C) of paragraph (2) regarding a joint fense acquisition programs requires a crit- AMONG COST, SCHEDULE, AND PER- military requirement, the Under Secretary ical design review and a formal post-critical FORMANCE IN THE ACQUISITION OF shall return the recommendation to the design review assessment for each major de- MAJOR WEAPON SYSTEMS. Council with specific recommendations as to fense acquisition program to ensure that (a) CONSIDERATION OF TRADE-OFFS.— matters to be considered by the Council to such program has attained an appropriate

VerDate Nov 24 2008 00:03 May 08, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.028 S07MYPT1 jbell on PROD1PC69 with SENATE S5264 CONGRESSIONAL RECORD — SENATE May 7, 2009 level of design maturity before such program which the waiver is based, and the reasons gram and withdraw any associated certifi- is approved for System Capability and Manu- for the determination are submitted in writ- cation under section 2366a or 2366b of this facturing Process Development. ing to the congressional defense committees title; and SEC. 203. ENSURING COMPETITION THROUGH- not later than 30 days after the waiver is au- ‘‘(iii) require a new Milestone approval (or OUT THE LIFE CYCLE OF MAJOR DE- thorized. Key Decision Point approval in the case of a FENSE ACQUISITION PROGRAMS. (4) That prototypes may be required under space program) for such program before en- (a) ENSURING COMPETITION.—The Secretary paragraph (1) or (2) for the system to be ac- tering into a new contract, exercising an op- of Defense shall ensure that the acquisition quired or, if prototyping of the system is not tion under an existing contract, or otherwise plan for each major defense acquisition pro- feasible, for critical subsystems of the sys- extending the scope of an existing contract gram includes measures to ensure competi- tem. under such program; tion, or the option of competition, at both (d) COMPTROLLER GENERAL OF THE UNITED ‘‘(D) if the program is terminated, submit the prime contract level and the subcontract STATES REVIEW OF CERTAIN WAIVERS.— to Congress a written report setting forth— level of such program throughout the life (1) NOTICE TO COMPTROLLER GENERAL.— ‘‘(i) an explanation of the reasons for ter- cycle of such program as a means to Whenever a milestone decision authority au- minating the program; incentivize contractor performance. thorizes a waiver of the requirement for pro- ‘‘(ii) the alternatives considered to address (b) MEASURES TO ENSURE COMPETITION.— totypes under paragraph (1) or (2) of sub- any problems in the program; and The measures to ensure competition, or the section (c) on the basis of excessive cost, the ‘‘(iii) the course the Department plans to option of competition, utilized for purposes milestone decision authority shall submit a pursue to meet any continuing joint military of subsection (a) may include, but are not notice on the waiver, together with the ra- requirements otherwise intended to be met limited to, measures to achieve the fol- tional for the waiver, to the Comptroller lowing, in appropriate cases where such by the program; and’’. General of the United States at the same (b) TOTAL EXPENDITURE FOR PROCUREMENT measures are cost-effective: time a report on the waiver is submitted to RESULTING IN TREATMENT AS MDAP.—Sec- (1) Competitive prototyping. the congressional defense committees under tion 2430(a)(2) of such title is amended by in- (2) Dual-sourcing. paragraph (3) of that subsection. serting ‘‘, including all planned increments (3) Funding of a second source for inter- (2) COMPTROLLER GENERAL REVIEW.—Not or spirals,’’ after ‘‘an eventual total expendi- changeable, next-generation prototype sys- later than 60 days after receipt of a notice on ture for procurement’’. tems or subsystems. a waiver under paragraph (1), the Comp- SEC. 205. ORGANIZATIONAL CONFLICTS OF IN- (4) Utilization of modular, open architec- troller General shall— TEREST IN THE ACQUISITION OF tures to enable competition for upgrades. (A) review the rationale for the waiver; and MAJOR WEAPON SYSTEMS. (5) Periodic competitions for subsystem (B) submit to the congressional defense (a) REVISED REGULATIONS REQUIRED.—Not upgrades. committees a written assessment of the ra- later than 180 days after the date of the en- (6) Licensing of additional suppliers. tionale for the waiver. actment of this Act, the Under Secretary of (7) Requirements for Government oversight (e) APPLICABILITY.—This section shall Defense for Acquisition, Technology, and Lo- or approval of make or buy decisions to en- apply to any acquisition plan for a major de- gistics shall revise the Defense Supplement sure competition at the subsystem level. fense acquisition program that is developed to the Federal Acquisition Regulation to ad- (8) Periodic system or program reviews to or revised on or after the date that is 60 days dress organizational conflicts of interest by address long-term competitive effects of pro- after the date of the enactment of this Act. contractors in the acquisition of major weap- gram decisions. SEC. 204. CRITICAL COST GROWTH IN MAJOR DE- on systems. (9) Consideration of competition at the FENSE ACQUISITION PROGRAMS. (b) ELEMENTS.—The revised regulations re- subcontract level and in make or buy deci- (a) AUTHORIZED ACTIONS IN EVENT OF CRIT- quired by subsection (a) shall, at a min- sions as a factor in proposal evaluations. ICAL COST GROWTH.—Section 2433(e)(2) of imum— (c) COMPETITIVE PROTOTYPING.—The Sec- title 10, United States Code, is amended— (1) ensure that the Department of Defense retary of Defense shall modify the acquisi- (1) by redesignating subparagraph (C) as receives advice on systems architecture and tion regulations of the Department of De- subparagraph (E); systems engineering matters with respect to fense to ensure with respect to competitive (2) by striking subparagraph (B); and major weapon systems from federally funded prototyping for major defense acquisition (3) by inserting after subparagraph (A) the research and development centers or other programs the following: following new subparagraphs (B), (C), and sources independent of the prime contractor; (1) That the acquisition strategy for each (D): (2) require that a contract for the perform- major defense acquisition program provides ‘‘(B) terminate such acquisition program ance of systems engineering and technical for two or more competing teams to produce and submit the report required by subpara- assistance (SETA) functions with regard to a prototypes before Milestone B approval (or graph (D), unless the Secretary determines major weapon system contains a provision Key Decision Point B approval in the case of that the continuation of such program is es- prohibiting the contractor or any affiliate of a space program) unless the milestone deci- sential to the national security of the United the contractor from having a direct financial sion authority for such program waives the States and submits a written certification in interest in the development or construction requirement on the basis of a determination accordance with subparagraph (C)(i) accom- of the weapon system or any component that— panied by a report setting forth the assess- thereof; (A) but for such waiver, the Department ment carried out pursuant to subparagraph (3) provide for an exception to the require- would be unable to meet critical national se- (A) and the basis for each determination ment in paragraph (2) for an affiliate that is curity objectives; or made in accordance with clauses (I) through separated from the contractor by structural (B) the cost of producing competitive pro- (IV) of subparagraph (C)(i), together with mechanisms, approved by the Secretary of totypes exceeds the potential life-cycle bene- supporting documentation; Defense, that are similar to those required fits of such competition, including the bene- ‘‘(C) if the program is not terminated— for special security agreements under rules fits of improved performance and increased ‘‘(i) submit to Congress, before the end of governing foreign ownership, control, or in- technological and design maturity that may the 60-day period beginning on the day the fluence over United States companies that be achieved through prototyping. Selected Acquisition Report containing the have access to classified information, includ- (2) That if the milestone decision authority information described in subsection (g) is re- ing, at a minimum— waives the requirement for prototypes pro- quired to be submitted under section 2432(f) (A) establishment of the affiliate as a sepa- duced by two or more teams for a major de- of this title, a written certification stating rate business entity, geographically sepa- fense acquisition program under paragraph that— rated from related entities, with its own em- (1), the acquisition strategy for the program ‘‘(I) such acquisition program is essential ployees and management and restrictions on provides for the production of at least one to national security; transfers for personnel; prototype before Milestone B approval (or ‘‘(II) there are no alternatives to such ac- (B) a governing board for the affiliate that Key Decision Point B approval in the case of quisition program which will provide equal has organizational separation from related a space program) unless the milestone deci- or greater capability to meet a joint mili- entities and governance procedures that re- sion authority waives such requirement on tary requirement (as that term is defined in quire the board to act solely in the interest the basis of a determination that— section 181(h)(1) of this title) at less cost; of the affiliate, without regard to the inter- (A) but for such waiver, the Department ‘‘(III) the new estimates of the program ac- ests of related entities, except in specified would be unable to meet critical national se- quisition unit cost or procurement unit cost circumstances; curity objectives; or were arrived at in accordance with the re- (C) complete informational separation, in- (B) the cost of producing a prototype ex- quirements of section 139d of this title and cluding the execution of non-disclosure ceeds the potential life-cycle benefits of such are reasonable; and agreements; prototyping, including the benefits of im- ‘‘(IV) the management structure for the (D) initial and recurring training on orga- proved performance and increased techno- acquisition program is adequate to manage nizational conflicts of interest and protec- logical and design maturity that may be and control program acquisition unit cost or tions against organizational conflicts of in- achieved through prototyping. procurement unit cost; terest; and (3) That whenever a milestone decision au- ‘‘(ii) rescind the most recent Milestone ap- (E) annual compliance audits in which De- thority authorizes a waiver under paragraph proval (or Key Decision Point approval in partment of Defense personnel are author- (1) or (2), the waiver, the determination upon the case of a space program) for such pro- ized to participate;

VerDate Nov 24 2008 00:03 May 08, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.028 S07MYPT1 jbell on PROD1PC69 with SENATE May 7, 2009 CONGRESSIONAL RECORD — SENATE S5265 (4) prohibit the use of the exception in section 2379(d) of title 10, United States with systems capable of ensuring techno- paragraph (3) for any category of systems en- Code. logical superiority over potential adver- gineering and technical assistance functions SEC. 206. AWARDS FOR DEPARTMENT OF DE- saries.’’. (including, but not limited to, advice on FENSE PERSONNEL FOR EXCEL- (b) NOTIFICATION OF CONGRESS UPON TERMI- source selection matters) for which the po- LENCE IN THE ACQUISITION OF NATION OF MDAPS OF EFFECTS ON NATIONAL PRODUCTS AND SERVICES. tential for an organizational conflict of in- SECURITY OBJECTIVES.—Such section is fur- (a) IN GENERAL.—Not later than 180 days terest or the appearance of an organizational ther amended by adding at the end the fol- after the date of the enactment of this Act, conflict of interest makes mitigation in ac- lowing new subsection: the Secretary of Defense shall commence cordance with that paragraph an inappro- ‘‘(c) NOTIFICATION OF CONGRESS UPON TER- priate approach; carrying out a program to recognize excellent performance by individuals and teams of MINATION OF MAJOR DEFENSE ACQUISITION (5) authorize waiver of the requirement in members of the Armed Forces and civilian PROGRAM OF EFFECTS ON OBJECTIVES.—(1) paragraph (2) in cases in which the agency personnel of the Department of Defense in Upon the termination of a major defense ac- head determines in writing that— the acquisition of products and services for quisition program, the Secretary of Defense (A) the financial interest of the contractor the Department of Defense. shall notify Congress of the effects of such or its affiliate in the development or con- (b) ELEMENTS.—The program required by termination on the national security objec- struction of the weapon system is not sub- subsection (a) shall include the following: tives for the national technology and indus- stantial and does not include a prime con- (1) Procedures for the nomination by the trial base set forth in subsection (a), and the tract, a first-tier subcontract, or a joint ven- personnel of the military departments and measures, if any, that have been taken or ture or similar relationship with a prime the Defense Agencies of individuals and should be taken to mitigate those effects. contractor or first-tier subcontractor; or teams of members of the Armed Forces and ‘‘(2) In this subsection, the term ‘major de- (B) the contractor— civilian personnel of the Department of De- fense acquisition program’ has the meaning (i) has unique systems engineering capa- fense for eligibility for recognition under the given that term in section 2430 of this title.’’. bilities that are not available from other program. sources; SEC. 209. PLAN FOR ELIMINATION OF WEAK- (2) Procedures for the evaluation of nomi- NESSES IN OPERATIONS THAT (ii) has taken appropriate actions to miti- nations for recognition under the program HINDER CAPACITY TO ASSEMBLE gate any organizational conflict of interest; by one or more panels of individuals from AND ASSESS RELIABLE COST INFOR- and the government, academia, and the private MATION ON ACQUIRED ASSETS (iii) has made a binding commitment to sector who have such expertise, and are ap- UNDER MAJOR DEFENSE ACQUISI- comply with the requirement in paragraph pointed in such manner, as the Secretary TION PROGRAMS. (2) by not later than January 1, 2011; and shall establish for purposes of the program. (a) IN GENERAL.—Not later than 180 days (6) provide for fair and objective ‘‘make- (c) AWARD OF CASH BONUSES.—As part of after the date of the enactment of this Act, buy’’ decisions by the prime contractor on a the program required by subsection (a), the the Chief Management Officer of the Depart- major weapon system by— Secretary may award to any individual rec- ment of Defense shall submit to Congress a (A) requiring prime contractors to give full ognized pursuant to the program a cash report setting forth a plan to identify and and fair consideration to qualified sources bonus authorized by any other provision of address weaknesses in operations that hinder other than the prime contractor for the de- law to the extent that the performance of the capacity to assemble and assess reliable velopment or construction of major sub- such individual so recognized warrants the cost information on the systems and assets systems and components of the weapon sys- award of such bonus under such provision of to be acquired under major defense acquisi- tem; law. tion programs. (B) providing for government oversight of SEC. 207. EARNED VALUE MANAGEMENT. (b) ELEMENTS.—The report required under the process by which prime contractors con- (a) ENHANCED TRACKING OF CONTRACTOR subsection (a) shall include the following: sider such sources and determine whether to PERFORMANCE.—Not later than 180 days after (1) Mechanisms to identify any weaknesses conduct such development or construction the date of the enactment of this Act, the in operations under major defense acquisi- in-house or through a subcontract; Under Secretary of Defense for Acquisition, tion programs that hinder the capacity to (C) authorizing program managers to dis- Technology, and Logistics shall review the assemble and assess reliable cost informa- approve the determination by a prime con- existing guidance and, as necessary, pre- tion on the systems and assets to be acquired tractor to conduct development or construc- scribe additional guidance governing the im- under such programs in accordance with ap- tion in-house rather than through a sub- plementation of the Earned Value Manage- plicable accounting standards. contract in cases in which— ment (EVM) requirements and reporting for (2) Mechanisms to address weaknesses in (i) the prime contractor fails to give full contracts to ensure that the Department of operations under major defense acquisition and fair consideration to qualified sources Defense— programs identified pursuant to the utiliza- other than the prime contractor; or (1) applies uniform EVM standards to reli- tion of the mechanisms set forth under para- (ii) implementation of the determination ably and consistently measure contract or graph (1). by the prime contractor is likely to under- project performance; (3) A description of the proposed imple- mine future competition or the defense in- (2) applies such standards to establish ap- mentation of the mechanisms set forth pur- dustrial base; and propriate baselines at the award of a con- suant to paragraph (2) to address the weak- (D) providing for the consideration of tract or commencement of a program, which- nesses described in that paragraph, includ- prime contractors ‘‘make-buy’’ decisions in ever is earlier; ing— past performance evaluations. (3) ensures that personnel responsible for (A) the actions to be taken to implement (c) ORGANIZATIONAL CONFLICT OF INTEREST administering and overseeing EVM systems such mechanisms; REVIEW BOARD.— have the training and qualifications needed (B) a schedule for carrying out such mech- (1) ESTABLISHMENT REQUIRED.—Not later to perform this function; and anisms; and than 90 days after the date of the enactment (4) has appropriate mechanisms in place to (C) metrics for assessing the progress made of this Act, the Secretary of Defense shall es- ensure that contractors establish and use ap- in carrying out such mechanisms. tablish within the Department of Defense a proved EVM systems. (4) A description of the organization and board to be known as the ‘‘Organizational (b) ENFORCEMENT MECHANISMS.—For the resources required to carry out mechanisms purposes of subsection (a)(4), mechanisms to Conflict of Interest Review Board’’. set forth pursuant to paragraphs (1) and (2). ensure that contractors establish and use ap- (2) DUTIES.—The Board shall have the fol- (5) In the case of the financial management proved EVM systems shall include— lowing duties: practices of each military department appli- (1) consideration of the quality of the con- (A) To advise the Under Secretary of De- cable to major defense acquisition pro- tractors’ EVM systems and the timeliness of fense for Acquisition, Technology, and Logis- grams— the contractors’ EVM reporting in any past tics on policies relating to organizational (A) a description of any weaknesses in such performance evaluation for a contract that conflicts of interest in the acquisition of practices; and includes an EVM requirement; and major weapon systems. (B) a description of the actions to be taken (2) increased government oversight of the (B) To advise program managers on steps to remedy such weaknesses. cost, schedule, scope, and performance of to comply with the requirements of the re- contractors that do not have approved EVM (c) CONSULTATION.— vised regulations required by this section systems in place. (1) IN GENERAL.—In preparing the report re- and to address organizational conflicts of in- quired by subsection (a), the Chief Manage- terest in the acquisition of major weapon SEC. 208. EXPANSION OF NATIONAL SECURITY OBJECTIVES OF THE NATIONAL ment Officer of the Department of Defense systems. TECHNOLOGY AND INDUSTRIAL shall seek and consider input from each of (C) To advise appropriate officials of the BASE. the following: Department on organizational conflicts of (a) IN GENERAL.—Subsection (a) of section (A) The Chief Management Officer of the interest arising in proposed mergers of de- 2501 of title 10, United States Code, is amend- Department of the Army. fense contractors. ed by adding at the end the following new (B) The Chief Management Officer of the (d) MAJOR WEAPON SYSTEM DEFINED.—In paragraph: Department of the Navy. this section, the term ‘‘major weapon sys- ‘‘(6) Maintaining critical design skills to (C) The Chief Management Officer of the tem’’ has the meaning given that term in ensure that the armed forces are provided Department of the Air Force.

VerDate Nov 24 2008 00:03 May 08, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.028 S07MYPT1 jbell on PROD1PC69 with SENATE S5266 CONGRESSIONAL RECORD — SENATE May 7, 2009 (2) FINANCIAL MANAGEMENT PRACTICES.—In $300 billion program designed to allow Congress’s failure to make tough preparing for the report required by sub- up to 400,000 borrowers to refinance choices and restructure troubled pro- section (a) the matters covered by subsection into an FHA-backed loan. The FHA grams is therefore having a direct im- (b)(5) with respect to a particular military mortgage program has exploded with pact on our ability to deliver sufficient department, the Chief Management Officer of the Department of Defense shall consult the decline of the subprime industry as quantities to our fighting forces. specifically with the Chief Management Offi- borrowers have flocked to the Govern- Secretary Gates has also stated that cer of the military department concerned. ment program. FHA loans are attrac- ‘‘we must ensure that requirements are Mr. LEVIN. Madam President, I tive due to the high loan limits—up to reasonable and technology is ade- move to reconsider the vote, and I $729,250 in high cost areas—and only a quately mature to allow the depart- move to lay that motion on the table. 3.5-percent downpayment requirement. ment to successfully execute the pro- The motion to lay on the table was According to Inside Mortgage Finance, grams.’’ This bill encourages such re- agreed to. the FHA’s market e jumped to nearly a forms, but unfortunately does not re- Mr. LEVIN. Madam President, very third of all mortgages in the fourth quire them. For example, it requires briefly, we have done extremely well quarter of 2008 from about 2 percent in additional reporting on the Depart- with this overwhelming vote for the early 2006. ment’s reliance on immature, risky passage of S. 454, the Weapon Systems At the same time, FHA mortgage de- technologies but does not prohibit the Acquisition Reform Act. We have done faults have increased sharply and are Department from purchasing such it on a bipartisan basis, which is the diminishing the FHA’s reserve fund. equipment. GAO reported this year way it should be done when it comes to Roughly 7.5 percent of FHA loans were that of 40 programs that it has re- matters of national defense and a seriously delinquent at the end of Feb- viewed, the Department will decide to whole host of other issues. I am deeply ruary, up from 6.2 percent a year ear- move to the production of nearly a grateful to my friend, our ranking lier. The FHA’s reserve fund fell to fourth of them without requiring real- member, Senator MCCAIN. about 3 percent of its mortgage port- istic testing of their critical tech- Of course, a large share of this mo- folio in fiscal year 2008, down from 6.4 nologies. ment belongs to our hard-working and percent in the previous year. By law, No company would buy a plane before very talented staff, led on our side by the reserve fund must remain above 2 they have flown it. I don’t know why it Rick DeBobes and on the Republican percent. Recently, HUD Secretary should be any different for the U.S. side by Joe Bowab. Our special collec- Shaun Donovan told a Senate Appro- Armed Forces. Indeed, given that our tive thanks must also be given to Peter priations subcommittee that he did not brave men and women in uniform are Levine and Creighton Green on the ma- know whether the FHA would be able relying on these weapons systems, jority staff and to Richard Fontaine, to continue to pay its obligations. stricter standards should be enforced. Chris Paul, and Pablo Corrillo on the Many believe that Congress will have Unfortunately, these are not new minority staff. We thank them all for to inject additional funding into the issues. I first objected to inadequate their hard work. It will bear fruit, we FHA. testing of weapons systems in 1998 hope within the next month, when we The HOPE for Homeowners Program when the Navy sought to rush the F–18 work something out with the House. will sunset in 2011. I expect the Obama through its tests, notwithstanding the Then, over the coming years, we will administration to do everything in its fact that preliminary tests had discov- not only save taxpayers’ dollars, but power to guarantee the solvency of the ered serious problems in the aircraft. I we will provide the right equipment to FHA mortgage program and will be am disappointed that a decade has our troops who deserve the best we can watching how the Secretary of HUD passed and we are still seeing the same get. We will make sure we don’t waste implements HOPE the for Homeowners problems over and over again. these defense dollars, because when we Program. I suggested that we should require do that, we not only are hurting the In the end, I believe the broader higher level review of alternative ac- taxpayer but we are depriving our economy would benefit from an in- quisition strategies before purchasing troops of funds they need for needed crease in the FDIC’s borrowing author- systems that have not been tested in a weapon systems. ity. We cannot recover from this eco- realistic environment but was informed Mr. KYL. Madam President, the bill nomic downturn until banks have the that this would be too strict of a re- we passed contains provisions that I capital to lend freely to all borrowers. quirement. While I am pleased that the support and others that I oppose. I Therefore, I voted for S. 896 despite committee at least accepted an amend- want to indicate why I voted aye. In some reservations that I have with ment I cosponsored that will ensure the end, I think it is critical for Con- other provisions in the bill. that annual reports to the Congress gress to increase the FDIC’s borrowing Mr. FEINGOLD. Madam President, I identify programs moving into produc- authority to reduce a costly special as- voted in favor of the Weapon Systems tion without undergoing adequate test- sessment that the FDIC intends to im- Acquisition Reform Act of 2009 but I ing, this is just a start. pose on distressed banks, and therefore am disappointed that it does not in- Secretary Gates demonstrated his I supported the bill. clude key reforms of our defense pro- commitment to fixing these problems Over the last 2 years the FDIC has curement system. While President when he recommended the cancellation had to take over 41 different failed de- Obama and leaders in Congress deserve of several programs that were over pository institutions and in the process credit for beginning to address the budget, were behind schedule, relied on has depleted its insurance fund. At its longstanding problem of wasteful and immature technologies and were de- current level, the FDIC is required by abusive defense contracting, we need to signed to combat a military-peer that law to increase its insurance premiums go further. does not exist. GAO had been reporting on banks to recapitalize the fund. How- Secretary Gates has stated that we that these systems were in trouble for ever, increasing banks’ costs now ‘‘must consistently demonstrate the several years. If these systems had would only worsen the current reces- commitment and leadership to stop been restructured when it first became sion. programs that significantly exceed obvious that they were unnecessary Congress can reduce the size of this their budget or which spend limited tax and unrealistic, it would have saved assessment by 50 percent if it increases dollars to buy more capability than the the government tens of billions of dol- the FDIC’s borrowing authority from nation needs.’’ Unfortunately, this bill lars and sped up our efforts to replace $30 billion to $100 billion. Doing so will falls short in this regard. It permits our aging weapons systems. help banks hold onto capital that they programs to continue even if they have It is my hope that Congress will can use to absorb future losses and experienced cost growth of over 25 per- eventually forgo the parochial inter- make it through these difficult eco- cent. GAO has found that 42 percent of ests that have prevented it from mak- nomic conditions. our programs have experienced cost ing the tough choices that need to be Unfortunately, this bill would in- growth and that, due in part to such made and stop repeating the same mis- crease the FDIC’s borrowing authority cost overruns, we have scaled back the takes of the past. I will continue to at the same time that it would expand number of weapons we are buying in 10 work with my colleagues until we have the HOPE for Homeowners Program—a major programs by 30 percent. achieved this goal.

VerDate Nov 24 2008 02:28 May 08, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.028 S07MYPT1 jbell on PROD1PC69 with SENATE May 7, 2009 CONGRESSIONAL RECORD — SENATE S5267 I yield the floor, and I note the ab- EXECUTIVE SESSION This past December, under Chief sence of a quorum. Kerlikowske’s leadership, the Seattle The PRESIDING OFFICER. The Police Department, in cooperation clerk will call the roll. NOMINATION OF R. GIL with county, State, and Federal law The bill clerk proceeded to call the KERLIKOWSKE TO BE DIRECTOR enforcement agencies, he was able to roll. OF NATIONAL DRUG CONTROL bust a drug ring that stretched from Mrs. LINCOLN. Madam President, I POLICY Mexico to Idaho to Seattle. ask unanimous consent that the order The PRESIDING OFFICER. Under Chief Kerlikowske worked coopera- for the quorum call be rescinded. the previous order, the Senate will pro- tively to create a regional response to The PRESIDING OFFICER. Without ceed to executive session to consider gang violence in Seattle and in King objection, it is so ordered. the following nomination, which the County. He built a coalition with the Mrs. LINCOLN. Madam President, I clerk will report. King County Sheriff’s Office and other ask unanimous consent to speak as in The assistant legislative clerk read King County police chiefs, with the morning business. the nomination of R. Gil Kerlikowske Washington Department of Correc- The PRESIDING OFFICER. Without of Washington to be Director of Na- tions, the ATF, and other community objection, it is so ordered. tional Drug Control Policy. leaders to tackle persistent gang vio- (The remarks of Senator LINCOLN The PRESIDING OFFICER. The time lence in our neighborhoods. These pertaining to the introduction of S. 997 until 2 p.m. is equally divided. multiagency, Federal-local partner- The Senator from Washington is rec- are printed in today’s RECORD under ships require cooperation and com- ‘‘Statements on Introduced Bills and ognized. promise, and they require a leader with Joint Resolutions.’’) Mrs. MURRAY. Mr. President, our Chief Kerlikowske’s experience to Nation’s next drug czar is going to face Mrs. LINCOLN. I suggest the absence bring them all together. Local police a number of key challenges. The Office of a quorum. chiefs and sheriffs have told me they of Drug Control Policy is going to play The PRESIDING OFFICER. The are sorry to see him go, but the Nation a leading role in addressing the drug- clerk will call the roll. is gaining a true innovator in Gil related violence in Mexico and along The bill clerk proceeded to call the Kerlikowske. I know he is going to con- the southwest border—an area where, if roll. tinue to work on these relationships we don’t take the right steps to tackle Mr. REID. Madam President, I ask with State and local law enforcement problems today, we will most certainly unanimous consent that the order for across the country, and this approach see the spread of violence and drugs the quorum call be rescinded. will make all of our communities safer. into towns and residences thousands of The PRESIDING OFFICER. Without Chief Kerlikowske also understands miles from the Mexican border. objection, it is so ordered. that the drug war will not only be won We also know from history that as on the streets but in our classrooms the economy falls, crime rises, and and in our homes. For the past 9 years, f that crime is growing at the same time he has been the national board chair- law enforcement agencies across the man for the group Fight Crime: Invest UNANIMOUS CONSENT AGREE- country face painful cutbacks and in Kids. Under the guidance of Chief MENT—EXECUTIVE CALENDAR greater strains on their personnel and Kerlikowske, this group has focused Mr. REID. Madam President, as in resources. It is, therefore, incumbent their efforts on the importance of pre- executive session, I ask unanimous upon the next drug czar to ensure that vention by fighting for early childhood consent that at 1:45 p.m. today, the law enforcement at all levels is work- intervention funding, afterschool pro- Senate proceed to executive session to ing smarter, forging new relationships, grams, and efforts to prevent child consider Calendar No. 64, the nomina- and leveraging the resources they have. abuse. Chief Kerlikowske knows the tion of R. Gil Kerlikowske to be Direc- We will also have to address the rise in best way to end the use of drugs and tor of National Drug Control Policy, prescription drug abuse, the continued spread of crime is to prevent it, and he with the time until 2 p.m. equally di- scourge of methamphetamine use, and will bring that commonsense approach vided and controlled between the lead- the violence that affects so many of to ONDCP. ers or their designees; that at 2 p.m., our communities due to drug traf- Chief Kerlikowske has served the the Senate proceed to vote on con- ficking. people of our State well, and he will firmation of the nomination; that upon Seattle Police Chief Gil Kerlikowske serve the people of the Nation well confirmation, the motion to reconsider is the right man to address these big also. I am so proud to support his con- be laid upon the table; that no further challenges. Chief Kerlikowske brings a firmation. In a few short minutes, the motions be in order; that the President fresh new perspective to the job as the Senate will be voting on this confirma- be immediately notified of the Senate’s Nation’s drug czar. He is a cop’s cop, tion, and I am very proud to stand here action; and that the Senate then re- and his perspective was shaped patrol- today to tell my colleagues they will sume legislative session. ling the streets in Florida, New York, be glad they voted with us to confirm The PRESIDING OFFICER. Without and Washington State. Along the way, this nomination. objection, it is so ordered. he has helped thousands of people Mr. President, I yield the floor. touched by violence and drugs. He and Mr. COBURN. Mr. President, I would f the law enforcement officials that he like to take a minute to briefly discuss has led have been on the front lines of my opposition to the nomination of Gil our Nation’s war against illicit nar- Kerlikowske to be Director of National RECESS cotics and in keeping our communities Drug Control Policy. Chief Mr. REID. Madam President, I now safe. And I know that he will bring this Kerlikowske has had a long career in ask unanimous consent that the Sen- hands-on perspective to his job as our law enforcement, and he enjoys the ate stand in recess until 1:45 p.m. Nation’s drug czar. support of many of his colleagues. today. We have the leaders of Afghani- Chief Kerlikowske also understands However, the concerns I have about stan and Pakistan here today. They are the importance of partnerships be- certain aspects of his record prevent important meetings. We have a number tween ONDCP and our State and local me from being able to support his nom- of things, and it would be better if we law enforcement communities, because ination to be Director of ONDCP. are not in session. I appreciate every- he has been on the local level. As the The principal purpose of ONDCP is to one allowing this consent to go for- head of the Major Cities Chiefs Organi- establish policies, priorities, and objec- ward. zation, which represents the 63 largest tives for the nation’s drug control pro- There being no objection, the Senate, police departments in the United gram. The office has arguably never at 12:46 p.m., recessed until 1:45 p.m. States, he sees the common problems been more important, as the United and reassembled when called to order facing cities across the country. I have States seeks to deal with the violent by the Presiding Officer (Mr. UDALL of seen this firsthand in his work as Se- drug cartels whose influence has begun New Mexico). attle police chief. to cross into our borders. Yet Chief

VerDate Nov 24 2008 00:47 May 08, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.020 S07MYPT1 jbell on PROD1PC69 with SENATE S5268 CONGRESSIONAL RECORD — SENATE May 7, 2009 Kerlikowske has no experience with The formal announcement of Seattle it comes to addressing our Nation’s il- international drug interdiction, which Chief Gil Kerlikowske as the new Di- licit drug problem. You cannot solely is among my chief concerns with this rector of the Office of National Drug arrest your way out of this issue. I nomination. Control Policy was heralded by none have always believed that everybody Although I suppose my concerns other than Vice President BIDEN. In makes mistakes and is entitled to for- about Chief Kerlikowske’s lack of expe- 1982, Vice President BIDEN saw the need giveness. I believe in putting some em- rience with international drug enforce- for a Cabinet-level position to coordi- phasis on rehabilitation in conjunction ment could be overcome by a strong nate the efforts of various agencies. He with appropriate punishment. The Di- record of domestic enforcement, I am is credited with coining the term rector of the National Office of Drug afraid that Chief Kerlikowske lacks ‘‘Drug Czar.’’ Then Senator BIDEN was Control Policy is supposed to have the such a record. Instead, he has gained a always a champion for elevating this ear of the President on how the ap- reputation for being soft on marijuana position to Cabinet-level status. Dur- proaches of rehabilitation and the enforcement, once stating that pur- ing our time on the Senate Judiciary criminal justice system will meet to suing possession offenses was ‘‘not a Committee we often collaborated on curtail this crime. I commend his priority.’’ Despite local attitudes on keeping the Office of National Drug choice of Gil Kerlikowske to head the this issue, as the top law enforcement Control Policy relevant in the coun- ONDCP. However, I question the Presi- officer in Seattle, Chief Kerlikowske try’s efforts to curb illicit drug use and dent’s decision to downgrade this im- has an obligation to make all crime a increase education. Unfortunately, portant position at a time when our priority. Chief Kerlikowske will be assuming a Nation needs key leadership to form Chief Kerlikowske’s lax record on position that was downgraded by the our strategy to combat our Nation’s marijuana enforcement has even led administration. The Obama adminis- addiction to illicit drugs. many pro-marijuana groups to endorse tration has elected to downgrade the It is my sincere hope that this ill-ad- his nomination. In this country, mari- Director of the Office of National Drug vised decision by President Obama to juana remains a Schedule I drug and is Control Policy from a Cabinet-level po- downgrade the position of the Director known as the ‘‘gateway drug,’’ because sition to a presidential appointment in of the National Office of Drug Control it can lead to the abuse of more dan- the Executive Office. This is a major Policy, which Mr. Kerlikowske will gerous substances. For this reason, the departure from the precedent which hold, will not come back to haunt next ONDCP Director must be a strong was set in 1993 under President Clinton. Americans for years to come with in- opponent of marijuana and all illegal As the Mexican drug cartel violence creased illicit drug use by our children, drugs, as well as act as an aggressive has been placed front and center by the increased illicit drug manufacturing, enforcer of the laws regulating these media and this body, Cabinet-level ex- increased trafficking, and increased harmful narcotics. I am concerned that ecutives deploy their personnel and drug-related crimes of violence. That Mr. Kerlikowske does not have such a weigh in on the illicit drug trade and would be a truly tragic mistake for all record or reputation. violence that has consumed the south- Americans. The ramifications of a vi- I have other concerns about Chief west border. Mexico is the leading sup- brant illicit drug market in the U.S. Kerlikowske’s record that I will not de- plier of methamphetamine. Recent will take lives, ruin families, destroy tail here. Those concerns include: his analysis suggests that meth manufac- potential and leave us a much weaker decision to withhold police from a riot turers are adding chocolate flavoring nation. that broke out in 2001, in which a 20- so that their product will be more ap- I support Mr. Kerlikowske in his new year-old college student was murdered; pealing to a younger customer base. post and I wish him the best. I offer his direction for police not to check The Office of National Drug Control him my support as he undertakes this immigration status or take action on Policy has an annual operating budget large assignment. Also, I encourage our any such violations; and his record on of over $14 billion. Current estimates President to return the Director’s of- gun control. With respect to the Sec- indicate that the cartel’s profits exceed fice back to a Cabinet level position ond Amendment, at a time when facts what we spend on deterrence by more where it belongs. about the influence of American guns than a 2 to 1 ratio. Mr. GRASSLEY. Mr. President, the in Mexican drug cartel violence are By downgrading this position, Presi- next Director of the Office of National being distorted—often with the intent dent Obama is not sending a vociferous Drug Control Policy, ONDCP, has a to restrict the constitutional rights of message about the future of the na- tough job ahead of him. American citizens—it is crucial that tional drug control strategy. A key ele- The new drug czar will have to work we have leaders who are ready to de- ment of the Office of National Drug hard to stem the rise in prescription fend those rights. I am concerned that Control Policy is its control over the and over-the-counter medicine abuse Chief Kerlikowske will not be such a High Intensity Drug Trafficking Area and the drug cartel violence crossing defender. designation. Stabilization of the south- our southern borders, as well as the In short, Chief Kerlikowske’s lack of west border with Mexico needs all the issues we have been combating for experience with international interdic- resources of the U.S. Government to many years: traditional drug abuse. tion and his record of lax enforcement include the Federal and local task The U.S. has a major drug problem. of domestic laws respecting drugs—par- forces operated and funded by the While we are leveraging law enforce- ticularly marijuana—and other crimes HIDTA initiatives. The principal pur- ment resources for interdiction and leaves me concerned that he is the pose of the Office of National Drug drug crime reduction, we also face an wrong person to lead ONDCP at this Control Policy, ONDCP, is to establish active movement to legalize dangerous crucial time. Therefore, I will oppose policies, priorities, and objectives for drugs. I have long been an opponent of his nomination. the Nation’s drug control program. The the legalizing cause, as I hear all the Mr. HATCH. Mr. President, in March, goals of the program are to reduce il- time how dangerous drugs are to our Gil Kerlikowske was tapped by the licit drug use, manufacturing, traf- youth and families. President to be the Director of the Of- ficking, and drug-related crimes of vio- The new ONDCP Director must em- fice of National Drug Control Policy. lence. The ONDCP also develops initia- phasize and invigorate the law enforce- Chief Kerlikowske is certainly quali- tives and campaigns that educate ment community’s efforts to stop ille- fied for this position. He is a 36-year youths on the ill effects of drug abuse gal drug use. He must be a strong lead- veteran of law enforcement. He has and drug-related health consequences. er for all agencies and organizations been the chief of police of four police To achieve these goals, the Drug Czar that are stakeholders in the fight departments, and most recently chief is charged with producing the National against illegal drugs. He must bring a of the Seattle Police Department. If Drug Control Strategy. This delegation respect to the office of ONDCP that has confirmed, Chief Kerlikowske would be of authority was established through been lacking for some time. It is vital charged with the mission to develop previous Executive orders and legisla- that the new Director is able to coordi- and implement the Nation’s drug con- tive authority as crafted by Congress. nate domestic and international drug trol strategy. My hope is that he would In some respects, I believe the Presi- strategy, including ensuring that the be confirmed today. dent and I are on the same page when Merida Initiative is a success. The next

VerDate Nov 24 2008 00:47 May 08, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.008 S07MYPT1 jbell on PROD1PC69 with SENATE May 7, 2009 CONGRESSIONAL RECORD — SENATE S5269 Director must also be able to bring to- The assistant legislative clerk pro- local enforcement, prevention, treat- gether and work with coalitions at the ceeded to call the roll. ment, and recovery professionals—play local level to combat meth, coordinate Mr. LEAHY. Mr. President, I ask a critical role in this strategy.’’ policy on the laws directed to eradicate unanimous consent that the order for As a former prosecutor, I have al- meth and marijuana production, and be the quorum call be rescinded. ways advocated vigorous enforcement engaged in efforts to stop opium pro- The PRESIDING OFFICER. Without and punishment of those who commit duction in Afghanistan and Colombia. objection, it is so ordered. serious crimes. Along with others who His drug strategy must produce results Mr. LEAHY. Mr. President, today, at serve in law enforcement, I also know at the national and international level last, the Senate considers President that punishment alone will not solve to address drug manufacturing, inter- Obama’s nomination of Chief R. Gil the problems of drugs and violence in diction, prevention, and abuse. Kerlikowske to be Director of National our rural communities. I am pleased I have some concerns about Chief Drug Control Policy. This highly quali- that Mr. Kerlikowske supports com- Kerlikowske’s nomination, given his fied nominee has drawn widespread bating drug use and crime with all the record. support, and I had hoped the Senate tools at our disposal, including enforce- For instance, in 2003, Seattle voters would confirm him before our last re- ment, prevention, and treatment. passed Initiative 75, which made mari- cess. I look forward to his being con- I congratulate Chief Kerlikowske and juana possession the lowest priority for firmed today with strong bipartisan his family on his confirmation today, the Seattle Police Department. During support. and I look forward to working with the debate, Chief Kerlikowske opposed Chief Kerlikowske has almost 40 him in the years ahead. the measure only because he disagreed years of experience in law enforcement, Mr. President, what is the parliamen- with voters determining what laws a including in his current role as chief of tary situation? police force should enforce. In answers police for the Seattle Police Depart- The PRESIDING OFFICER. The Sen- to my written questions, he merely ment. In his long career in public serv- ate is scheduled to vote at 2 p.m. on noted marijuana was already low on ice, Chief Kerlikowske has dem- the nomination of Mr. Kerlikowske. the force’s list. Chief Kerlikowske’s lax onstrated a comprehensive under- Mr. LEAHY. Have the yeas and nays record on marijuana enforcement con- standing of narcotics issues. He cur- been ordered? cerns me because marijuana is still rently serves as the elected president The PRESIDING OFFICER. They often the precursor to more dangerous of the Major Cities Chiefs Association, have not. drugs, and it only endangers those who and he began his career as an Out- Mr. LEAHY. I ask for the yeas and use it. The next ONDCP Director must standing Military Police Officer Honor nays. be a strong opponent of marijuana and Graduate in the U.S. Military Police in The PRESIDING OFFICER. Is there a all illegal drugs, as well as act as an 1970. He served as the police commis- sufficient second? sioner of Buffalo, NY, and as the police aggressive enforcer of the laws regu- There appears to be a sufficient sec- chief in two Florida cities, Fort Pierce lating these harmful narcotics. ond. and Port St. Lucie. He worked in the Additionally, Chief Kerlikowske ap- The yeas and nays were ordered. Justice Department during the Clinton parently has no experience on inter- Mr. LEAHY. Mr. President, I yield administration, where he served as the national supply interdiction. We need the floor. Deputy Director of the Office of Com- someone who understands inter- The PRESIDING OFFICER. Who national drug problems and can help munity Oriented Police Services. I thank the Senators from Wash- yields time? formulate a successful long-term strat- Without objection, all time is yielded ington State, Senator MURRAY and egy to address them. Chief back. Senator CANTWELL, for their strong en- Kerlikowske’s lack of this experience, The question is, Will the Senate ad- along with his lax record on marijuana dorsement of this outstanding nominee at our April 1 hearing and for their vise and consent to the nomination of crimes, raise questions for me on his R. Gil Kerlikowske to be Director of ability to act as an effective Director continued efforts in support of his confirmation. National Drug Control Policy? The of ONDCP. However, several organiza- yeas and nay have been ordered. tions, such as the Major Cities Chief Chief Kerlikowske’s nomination has The clerk will call the roll. Association, the National Association received numerous letters of support, The assistant legislative clerk called of State Alcohol and Drug Abuse Direc- including strong endorsements from the roll. tors, and the Community Anti-Drug Republican and Democratic public offi- Mr. DURBIN. I announce that the Coalitions of America, have expressed cials, State and local law enforcement Senator from South Dakota (Mr. JOHN- support for this nominee. While I will officials, the National Center for Vic- SON), the Senator from Massachusetts not hold up his nomination, I put Chief tims of Crime, the United States Con- (Mr. KENNEDY), the Senator from New Kerlikowske on notice that I expect ference of Mayors, the Community Jersey (Mr. LAUTENBERG), the Senator him to provide strong leadership in Anti-Drug Coalition of America, the from New Jersey (Mr. MENENDEZ), and producing and coordinating drug con- Washington Association of Sheriffs and the Senator from West Virginia (Mr. trol strategy and to aggressively work Police, and the National Council on ROCKEFELLER) are necessarily absent. to enforce our drug laws. Crime and Delinquency. General Barry I suggest the absence of a quorum. R. McCaffrey, who led the Office of Na- Mr. KYL. The following Senators are The PRESIDING OFFICER. The tional Drug Control Policy during the necessarily absent: the Senator from clerk will call the roll. Clinton administration, writes that Missouri (Mr. BOND) and the Senator The assistant legislative clerk pro- Chief Kerlikowske ‘‘is known and high- from Louisiana (Mr. VITTER). ceeded to call the roll. ly respected internationally for his The PRESIDING OFFICER. Are there Mrs. MURRAY. Mr. President, I ask knowledge of crime and drugs.’’ any other Senators in the Chamber de- unanimous consent that the order for Mary Lou Leary, the executive direc- siring to vote? the quorum call be rescinded. tor of the National Center for Victims The result was announced—yeas 91, The PRESIDING OFFICER. Without of Crime, describes Chief Kerlikowske nays 1, as follows: objection, it is so ordered. as a ‘‘strong manager,’’ who is ‘‘com- [Rollcall Vote No. 187 Ex.] Mrs. MURRAY. Mr. President, I ask mitted to crime prevention’’ and who YEAS—91 unanimous consent that the time dur- ‘‘understands the connection between Akaka Brownback Collins ing the quorum be charged equally to illegal drugs and crime.’’ Arthur T. Alexander Bunning Conrad both sides. Dean, the chairman and CEO of the Barrasso Burr Corker Baucus Burris Cornyn The PRESIDING OFFICER. Without Community Anti-Drug Coalition of Bayh Byrd Crapo objection, it is so ordered. America, wrote that Chief Kerlikowske Begich Cantwell DeMint Mrs. MURRAY. Mr. President, I sug- understands that drug policy ‘‘must be Bennet Cardin Dodd gest the absence of a quorum. comprehensive and coordinated’’ and Bennett Carper Dorgan Bingaman Casey Durbin The PRESIDING OFFICER. The ‘‘recognizes that the perspectives of Boxer Chambliss Ensign clerk will call the roll. those closest to the ground—state and Brown Cochran Enzi

VerDate Nov 24 2008 00:47 May 08, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.040 S07MYPT1 jbell on PROD1PC69 with SENATE S5270 CONGRESSIONAL RECORD — SENATE May 7, 2009 Feingold Leahy Sanders MORNING BUSINESS worked many years for the Illinois Feinstein Levin Schumer Central Railroad. Gillibrand Lieberman Sessions Mr. REID. I now ask unanimous con- Graham Lincoln Shaheen sent that the Senate proceed to a pe- I am proud to be a part of the legacy Grassley Lugar Shelby riod of morning business with Senators that he and many others helped to cre- Gregg Martinez Snowe permitted to speak therein for up to 10 ate in Illinois and across the country, a Hagan McCain Specter legacy that continues to shape us even Harkin McCaskill Stabenow minutes each. Hatch McConnell today. Tester This will be the last vote of the week. Hutchison Merkley But now the aging infrastructure Thune We will not have another vote until Inhofe Mikulski that gave definition to this country is Inouye Murkowski Udall (CO) Tuesday. Isakson Murray Udall (NM) The PRESIDING OFFICER. Without badly in need of repair. The time has Johanns Nelson (NE) Voinovich come once again to invest in rail trav- Warner objection, it is so ordered. Kaufman Nelson (FL) The Senator from Illinois is recog- el. Kerry Pryor Webb Throughout my career, I have sup- Klobuchar Reed Whitehouse nized. ported high-speed rail technology, Kohl Reid Wicker f Kyl Risch Wyden which will curb pollution and ease Landrieu Roberts NATIONAL TRAIN DAY crowding on our roads and in the skies. NAYS—1 Mr. BURRIS. Mr. President, many of Now, under President Obama’s lead- Coburn my colleagues and citizens across the ership, we have the chance to make this dream a reality. NOT VOTING—7 country recognize this Saturday as Na- tional Train Day, a celebration of 140 By making a substantial investment Bond Lautenberg Vitter years of coast-to-coast rail travel in in clean, safe high-speed rail, we can Johnson Menendez renew the deep connections that bind Kennedy Rockefeller the Unite States. I rise to commemorate the proud his- our cities and states to one another The nomination was confirmed. and to our shared national identity. The PRESIDING OFFICER. Under tory of America’s railways, but also to mark this as a time for more than cele- We can create jobs, revitalize our the previous order, the motion to re- economy, protect our environment, and consider is considered made and tabled. bration. We must see this occasion as an op- continue the proud tradition of our na- The President shall be notified of the tional railways. Senate’s action. portunity to look ahead, to reinvest in our nation’s infrastructure and begin a I ask my colleagues to join with me f fresh chapter of high-speed rail service. in reaffirming this commitment to modern rail service. I am glad that so LEGISLATIVE SESSION In May of 1869, the Central Pacific and Union Pacific Railroads were many recognize the importance of rail- The PRESIDING OFFICER. The Sen- joined in the remote Utah desert, con- roads in shaping the past we share. But ate will now resume legislative session. necting the east and west coasts of the this year, on National Train Day, we The majority leader is recognized. United States and completing the very should celebrate our past by looking to f first transcontinental railroad in our the future. I yield the floor and suggest the ab- UNANIMOUS CONSENT Nation’s history. For almost a century and a half sence of a quorum. AGREEMENT—H.R. 627 The PRESIDING OFFICER (Mr. since, trains have transformed the way UDALL of Colorado). The clerk will call Mr. REID. Mr. President, I ask unan- goods are transported and intercity imous consent that at 3 p.m. Monday, the roll. passengers reach their destinations. The assistant legislative clerk pro- May 11, the Senate proceed to Calendar From the moment of their birth, No. 55, H.R. 627; and that once the bill ceeded to call the roll. America’s railroads have represented Mr. WYDEN. Mr. President, I ask is reported, Senator DODD or his des- our efforts to meet the challenges and unanimous consent that the order for ignee be recognized to offer the Dodd- opportunities of living in a Nation that Shelby substitute; further that the clo- the quorum call be rescinded. spans a continent. The PRESIDING OFFICER. Without ture motion on the motion to proceed The rails that connected Atlantic to objection, it is so ordered. be withdrawn. Pacific became the backbone upon Mr. WYDEN. Mr. President, I ask The PRESIDING OFFICER. Without which we built American commerce unanimous consent to speak in morn- objection, it is so ordered. and ingenuity. In many ways they de- ing business for up to 15 minutes. Mr. REID. Mr. President, Senators fined the fabric of our culture, laying The PRESIDING OFFICER. Without Dodd and Shelby have done very good the foundation that allowed our civili- objection, it is so ordered. work on this bill. This is a bill that zation to push the American frontier f passed the House with some 377 votes. ever westward. It is a very important piece of legisla- Every year, Amtrak transports 28 HEALTH CARE tion. It is bipartisan in nature. I had a million Americans between 500 commu- Mr. WYDEN. Mr. President, the Sen- press event this morning—actually it nities in 46 States. ate Finance Committee, on which I was 12:30—with Senator DURBIN, Sen- Intercity passenger rail is 18 percent serve, is about to take up the toughest ator SCHUMER, and Senator MURRAY. more energy efficient than air travel issue in the debate about health care There I made the best case I could to and 25 percent more efficient than reform; that is, the question of how to talk about how much we have been automobiles, making the modern loco- pay for it. able to get done with the help of the motive one of the most refined and en- To be credible, that means showing Republicans. We have done some good vironmentally friendly technologies in that you are not going to sit around work, and more indication of that is American history. and wait for years and years to start what we have been able to do with this I have seen this firsthand. My early cutting costs but, in fact, you are piece of legislation. It is important life was shaped in part by the great going to start generating savings, in that we get this done, that we finish it. American railway. I was raised in the $2.5 trillion our country spends on We are not going to go to tobacco Centralia, IL, a small town that was health care, quickly. And you must do until we come back. We are going to very much centered around the rail- it in a bipartisan fashion that is ac- finish the work we have to do on the road. ceptable to our people. supplemental appropriations bill. We We lived along a major line origi- So, today, I offer the four pillars of hope to get some nominations done. nating in Chicago, a national transpor- immediate health care cost contain- But we have had some real good work. tation hub that ships goods, passengers ment. Each one of these pillars is an I am very happy with the way we have and economic opportunity to every idea that is supported by influential worked together. We have a lot more community it touches as the trains set Democratic Senators and influential work together we need to do, but this out across the American heartland. Republican Senators in the Senate. is certainly a step in the right direc- Like many in our town, my father, The first pillar of immediate health tion. grandfather and four great uncles care cost containment requires that

VerDate Nov 24 2008 02:28 May 08, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.010 S07MYPT1 jbell on PROD1PC69 with SENATE May 7, 2009 CONGRESSIONAL RECORD — SENATE S5271 there be tax relief for the middle class ity, that is about as pure a kind of to be wealthier and healthier with the but no more tax subsidies for designer competition as you could have in our health care reform legislation that smiles. It sounds incredible, but today country, and it would revolutionize the would be passed in the Congress. On hard-working middle-class folks who health insurance business in our coun- this issue, the fundamental question is are uninsured or underinsured—every try. going to be about increasing the day—watch their taxes go to subsidize Each one of these four pillars of im- choices that individuals have for their designer smiles for the most affluent mediate health care cost containment coverage. that would be worthy of Hollywood. is supported by influential Democrats I have not spoken about this on the The first pillar of health care cost and Republicans in the Senate. If these floor of the Senate in the past, but I containment starts saving billions of four principles were adopted, the Sen- was flabbergasted to learn that those dollars immediately by taking away ate could go to the country and show who are lucky enough to have em- unneeded tax breaks and beefing up our people that on the health issue ployer-based coverage in this country— health care tax relief for middle-class they care about the most—which is of that group, 85 percent of them get no workers and their families. containing costs—the Senate has a choice at all. They get one package, The second pillar of immediate plan for cost containment that will and that is it. So you have 85 percent of health care cost containment means kick in quickly, in the next few years— the people in this country who are taking an axe to health care adminis- not something for which you have to lucky enough to have health care cov- trative costs. Americans are drowning wait 10, 15, 20 years from now. And cer- erage who do not get what their elected in health care rules and administrative tainly there are a lot of changes in the officials from Colorado and Oregon and hassles. Now you can junk the health health care system that ought to be everywhere get. care bureaucracy by doing everything made now because they will save We get a full menu of health care just once: signing up for the health money in 10 or 15 years. choices. Of course, that is a big factor care you want; paying for it through But the four pillars of immediate in holding down health care costs for the withholding system you use with health care cost containment I out- all because then you have some com- every paycheck; keeping what you lined this afternoon—tax relief for the petition. And if one company does not have, if you leave your job, or your job middle class and no more tax breaks do well in 2009, everybody is off in 2010 leaves you; and easily finding out for designer smiles; taking an axe to and choosing somebody else. about the costs and quality of health health care administrative costs; ev- So it is going to be very important to care services that are near you, and erybody in the system, and everyone show those with coverage—people who doing it on line. personally responsible; and a revolu- want to be healthier and wealthier The third principle of immediate tion in the health insurance business— after health care reform is passed— health care cost containment is every- those are ideas that are now sponsored that one of the ways to get some addi- body is in, and everyone has to be per- by Democrats and Republicans in the tional money in your pocket is to have sonally responsible. You cannot lower Senate and will soon save health care more choices. Because when you have health care costs in this country with- costs. They will reduce health care only one choice, of course, there are out good, quality, affordable coverage costs, and do it quickly, so that the not the kind of competitive juices at for all. If you do not cover everyone, Senate can be credible with the coun- work in your health care system that there is too much cost shifting and not try on this issue of health care reform. even Members of Congress have. enough prevention. There are other important principles So what I have been interested in is Personal responsibility is just as im- saying that if you want to stay with portant. Americans cannot fix health to this question of getting health care your employer’s package—absolutely— care unless everyone secures basic cov- on track. Chairman BAUCUS, in my Democrats and Republicans in the Sen- erage, with extra help for folks who view, has done yeoman work in terms ate are committed to doing that. But if would have difficulty affording that. of his sessions to look at the various you, for example, want to choose one of More than 11 million people with in- issues—delivery and coverage. I have made the case, with consider- the private alternatives that would be comes of well over $60,000 do not buy able passion, on the coverage question established in health reform legisla- basic health insurance, and that is part of the reason hospital emergency that I think Americans want on the tion, and would be certified by your rooms are so busy in America. Cutting coverage issue—coverage that is at State as protecting consumers, you health care costs means getting every- least as good as Members of Congress ought to be able to make that choice. body in the system, and it means ev- have—and the Congressional Budget And if in making that choice you save eryone would be personally responsible. Office has said it is possible to pay for money relative to what it might cost Finally, the fourth principle of im- that, again, with the kinds of prin- for your employer’s package, you get mediate health care cost containment ciples of cost containment I have out- to get those savings and—without of- is a revolution in health insurance. lined. Other colleagues, I am sure, will fense to Colorado—you can use the Today, health insurance is about cher- have other views with respect to what money to go fishing in Oregon because rypicking. The private insurance com- the basic benefit package ought to be we have created a marketplace. panies scour your health history, and about. So I wanted to come today and lay they want you if you are healthy and I also think it is going to be very im- out the four immediate principles of wealthy. Sick people, on the other portant to send a straightforward mes- health care cost containment. I think hand, are sent to Government pro- sage to those who have coverage that there will be other central questions, grams more fragile than they are. there are considerable benefits for such as the issue of coverage and the Holding down costs soon means them in reform as well. We have talked question of how to make sure the Sen- changing this, prohibiting the insur- on this floor before—Democrats and ate keeps faith with the 160 million ance companies from discriminating Republicans—about making sure every- people—it is about 160 million people, against those with illnesses and requir- body can keep the coverage they have. on any given day, who have employer- ing a system that features real com- That is something Senators hear about based coverage and wish to keep what petition—real competition where the at every meeting they have when they they have—who would like to be insurance industry does not compete to discuss health care, and I think there healthier and wealthier, and, finally, if see who is the best at leaving out those are going to be 100 Senators voting in they want to leave their job or their who have health problems but competi- favor of the principle that all our peo- job leaves them, their coverage ought tion that is based on benefit and qual- ple ought to be able to keep the cov- to be portable and they can take it ity and price. That is not Government- erage they have. with them. run health care. That is old-fashioned But there are two other words I think Finally, let me note that I think competition—the kind of bedrock prin- those people with coverage are looking Chairman BAUCUS and Senator GRASS- ciples of competition our country unfor. I say to the Presiding Officer, you LEY, the leaders on the Finance Com- derstands. and I have had some discussion on this mittee, are doing an exceptionally When insurance companies compete issue before. Those folks with coverage good and an exceptionally fair job in on the basis of price, benefit, and qual- want to hear about how they are going terms of tackling this issue. The fact

VerDate Nov 24 2008 00:47 May 08, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.041 S07MYPT1 jbell on PROD1PC69 with SENATE S5272 CONGRESSIONAL RECORD — SENATE May 7, 2009 is, health care reform, particularly fi- The assistant legislative clerk pro- and the National Guard. Of course, the nancing it, is not a subject for the ceeded to call the roll. Florida National Guard is the best in fainthearted. There is a reason this Mr. NELSON of Florida. Mr. Presi- the business because they know how to issue has been tough to tackle since dent, I ask unanimous consent that the take care of business when it comes to the days of Harry Truman of 60 years order for the quorum call be rescinded. emergency response to hurricanes. ago. But under the leadership of Chair- The PRESIDING OFFICER. Without Under Craig’s leadership, Florida has man BAUCUS and Senator GRASSLEY objection, it is so ordered. become the first State to receive full and the Finance Committee—and I f accreditation for its emergency man- think I can speak for Senators on both agement program. Craig not only has CRAIG FUGATE NOMINATION sides of the aisle that we are very ap- creativity but a sense of humor. He preciative of what Chairman KENNEDY Mr. NELSON of Florida. Mr. Presi- judges things after a hurricane by the and Senator ENZI are doing in the dent, a couple of weeks ago, Senator ‘‘Waffle House’’ test. He says if the HELP Committee. The four of them are MARTINEZ and I had the privilege of in- Waffle House is open after the hurri- our committee leaders, our chairs and troducing Craig Fugate, President cane, that means there is power and our ranking minority members. I be- Obama’s nominee for the head of water in there. If the Waffle House is lieve that this time, after 60 years of FEMA, before the Senate Homeland closed, things are pretty bad, and a lot working on this issue, it can get done. Security and Governmental Affairs of things have been shut down. If the The fact is, for health reformers, the Committee. The committee promptly Waffle House is open and they have a history of trying to fix health care is reported him right out. It is because he limited menu, then it generally means almost the story of unrequited love. If is so uniquely qualified. the power has been out for quite a you look back on this issue, almost Craig has served as the director of while because everything in their freez- every 15 years reformers say: This is emergency management in our State er has melted and has spoiled. the time. I finally found the one. I am since 2001, and he has overseen the re- I think Craig’s exemplary service going to be able to have my dreams response to 11 Presidentially declared speaks for itself. alized. disasters in our State. He is one of the Mr. President, I ask unanimous con- Of course, it has been exactly 15 most respected leaders in emergency sent that a number of documents be years since the last effort in 1994, dur- management in the country, and he is printed in the RECORD, including a let- ing the Clinton years. Harry and Lou- the one—if you want a pro’s pro—with ter from Governor Crist, and a letter ise pretty much soured that romance the experience and the expertise FEMA from a host of organizations, all the in 1993 and 1994. But I do think, largely needs at this time. Why? Look at how way from the Public Works Associa- because of the good work being done by he came up: a former firefighter, a tion, the American Red Cross—I will Chairman BAUCUS and Senator GRASS- paramedic, a fire rescue lieutenant, an not list them all, but it goes through LEY and Chairman KENNEDY and Sen- emergency manager. All of that was at the National Wildlife Federation and ator ENZI, this year is different. A lot the local government level, Alachua the Reinsurance Association of Amer- of colleagues on both sides of the aisle County, which is Gainesville, FL. ica. Another one is by the Council of have moved toward an approach that I He spent 15 years working in local State Governments. Everybody is sing- believe will allow us to come together. emergency management before he went ing Craig Fugate’s praises. There is a recognition that Demo- up to the Emergency Operations Center There being no objection, the mate- crats have been right on the propo- at the State level. Since he has become rial was ordered to be printed in the sition that if you fix this, you have to the director of emergency manage- RECORD, as follows: ment, he has handled the responses to cover everybody. If you don’t get all APRIL 17, 2009. Americans high-quality, affordable the landfall of five major hurricanes in Hon. BILL NELSON, coverage, you have that cost-shifting I Florida, and that was within a 2-year U.S. Senate, Washington, DC. spoke about and inadequate attention time period. Hon. MEL MARTINEZ, to prevention. I think there is a rec- I will never forget when Hurricane U.S. Senate, Washington, DC. ognition that colleagues on the other Charley came barreling up the south- DEAR SENATORS NELSON AND MARTINEZ: I side of the aisle in the Republican west Florida coast headed straight for would like to extend my most sincere appre- Party are making valid points as well. Tampa Bay. Suddenly, at the last ciation to you for introducing Florida Divi- minute, it took a right-hand turn and sion of Emergency Management Director There ought to be private choices. It is Craig Fugate at his United States Senate important not to freeze innovation. We it went right up Charlotte Bay. Ground confirmation hearing on Wednesday, April ought to stay clear of price controls. zero was Punta Gorda, FL. 22. Craig’s nomination to be the Director of So there is an opportunity now, with By the way, people had evacuated the Federal Emergency Management Agency the Senate being led by two very fine Tampa and then come down to the ho- instills a great sense of pride in all Florid- chairs and ranking minority members, tels, especially the Holiday Inn Punta ians. Although his confirmation would mean to get this done. Gorda, and here they are right in the that we are losing a great asset to our state, I will close with an observation from middle of the storm. Craig’s renowned expertise in disaster preparedness, response, recovery, and mitiga- a number of economists. Our country That storm was so intense that it blew the roof off of the Charlotte Coun- tion activities will, without a doubt, benefit clearly is concerned about the cost of our entire nation. these bailouts and financial obligations ty Emergency Operation Center. They As you well know, Craig has consistently in the banking and housing sector. had to evacuate the CCEOC in the mid- proven to be among the most respected lead- Most of those folks believe that the as- dle of the storm. I got there later that ers in emergency management through his tounding sums being spent on financial day, after the storm hit that morning, outstanding work and vast experience. As bailouts—they are going to look like a and I will never forget seeing Craig in the Director of the Florida Division of Emer- rounding error if health care is not the mobile emergency operation center gency Management, Craig has dealt with every type of natural disaster ranging from fixed. So the stakes are very high. Fix- that the State of Florida brought in as he was taking over and directing oper- wildfires to hurricanes, and he has managed ing the economy means fixing health them all effectively through his total com- care. ations in the midst of that chaos. Our mitment to ensuring the safety of Florida’s With the principles I have outlined Florida emergency management re- citizens. here today, the four immediate prin- sponse to disasters—with a sense of ur- For Craig, success is not about personal ciples of health care and cost contain- gency and efficiency—has emerged as a glory. Instead, it is about building a great ment, I think the Senate can get off on role model for disaster preparation and team that takes action to prepare for, and the most important and most difficult disaster response. That, in large part, respond to, disasters and their impacts. I issue of health care—containing costs— has been as a result of the leadership of know we share the belief that Craig would Craig Fugate. utilize this same leadership philosophy as and do it in a bipartisan way. FEMA director. Mr. President, I yield the floor, and I It is also very interesting, when you In advance, thank you for helping to shep- note the absence of a quorum. respond to these kinds of national dis- herd the nomination of Craig Fugate The PRESIDING OFFICER. The asters, that you have cooperation be- through the United States Senate. It is ex- clerk will call the roll. tween the civilian emergency response citing to see the hard work and expertise of

VerDate Nov 24 2008 00:47 May 08, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.042 S07MYPT1 jbell on PROD1PC69 with SENATE May 7, 2009 CONGRESSIONAL RECORD — SENATE S5273 a great Floridian like Craig recognized at Fugate of Florida as the Administrator of dog agency. CPSC oversees the safety the national level. I am confident he will the Federal Emergency Management Agency of over 15,000 consumer products, but continue to make all of Florida proud of his (FEMA). It is critical that FEMA leadership for far too long it was hindered by a leadership. be put in place swiftly and not delayed. lack of funding, a lack of staff, out- Please do not hesitate to contact me if Currently, our nation is addressing the H1 there is anything else I can do to help expe- N1 flu, preparing for the upcoming hurricane dated authorities and failed leadership. dite the process of confirming Florida’s season, and continuing the response and re- We all remember what happened after Craig Fugate to this important post. He is covery for multiple other disasters involving that. Faulty cribs that trapped and the right person at the right time. flooding, severe storms, tornadoes and killed infants; toys coated in lead paint Sincerely, wildfires. Mr. Fugate has been a leader in the that endangered toddlers and children; CHARLIE CRIST, emergency management community and in magnetic toys that, when swallowed, Florida Governor. NEMA for years and he is widely respected caused serious injuries and even a by his peers across the nation. NEMA re- child’s death. MAY 5, 2009. spectfully encourages the Committee to con- Most Americans were shocked when Hon. HARRY REID, firm Mr. Craig Fugate as FEMA Adminis- Majority Leader, U.S. Senate, trator as swiftly as possible. they read the stories. They assumed Washington, DC. Thank you for your support of emergency that if they put it on a shelf in a store Hon. MITCH MCCONNELL, management. If you or your staff has any in America, somebody took a look at Minority Leader, U.S. Senate, questions, please contact Kristin Robinson it. That is not always the case. Sadly, Washington, DC. in NEMA’s Washington, D.C. Office at (202) this agency, which had a special re- DEAR MAJORITY LEADER REID AND MINOR- 624–5459 or [email protected]. sponsibility for dangerous products, ITY LEADER MCCONNELL: Sincerely, The undersigned organizations are mem- had fallen into a state of disrepair, not NANCY DRAGANI, just in terms of adequate staffing and bers of the Stafford Act Coalition and are NEMA President and Director of writing to ask for swift confirmation of Wil- the Ohio Emergency Management Agency. resources but, unfortunately, in the liam Craig Fugate as the Administrator of previous administration, not adequate the Federal Emergency Management Agency Mr. NELSON of Florida. Mr. Presi- commitment. There was a belief this (FEMA). The undersigned organizations and dent, it is my hope the hold that is on had to continue to be a small and vir- associations represent state and local offi- Craig for an issue unrelated to Craig— tually unheard of agency at a time cials, the nation’s realtors, surveyors, con- related to the question of FEMA put- when exports into the United States servation interests, and others with a stake ting a flood zone declaration on some in flood management and response, disaster were flooding the market. If there were areas of New Orleans—it is my hope ever a time when we needed a con- mitigation and emergency response and re- that we can resolve that and get on. covery. The Stafford Act Coalition supports sumer watchdog, it was over the last 10 hazard mitigation programs and maintaining After all, this is now 1 week into the years, as more and more of these im- the intent of the Robert T. Stafford Disaster month of May. Remember, hurricane ports from foreign countries came onto Relief and Emergency Assistance Act. season officially starts June 1. our shores. It is critical that FEMA leadership be put We need to have Craig Fugate in We learned the hard way. We learned in place swiftly and not delayed. Currently, place so that FEMA is ready to go at with pet food from China that had been our nation is addressing the H1N1 flu and the this particular time, when there is an- spiked with melamine for economic response and recovery for multiple other dis- other challenge facing the gulf coast asters involving flooding, severe storms, tor- reasons and ended up killing a lot of nadoes and wildfires. We encourage the Sen- and the Atlantic coast, and potentially dogs and cats that people dearly loved. ate to confirm Mr. Craig Fugate as FEMA the Pacific coast. I hope the Senate is We learned it with the toys with lead Administrator as swiftly as possible. going to act quickly on his confirma- paint and the toys that were dan- Thank you for your support of emergency tion. gerous. We learned this agency was not management issues. If you or your staff has Mr. President, I yield the floor and up to the task. any questions, please contact Kristin Robin- suggest the absence of a quorum. I can remember meeting with some of son in NEMA’s Washington, D.C. Office at The PRESIDING OFFICER. The (202) 624–5459 or [email protected]. the people who worked there. Some of Sincerely, clerk will call the roll. them were good, hard-working people. Peter King, American Public Works As- The assistant legislative clerk pro- But when I met with the man whose sociation; Larry Decker, American Red ceeded to call the roll. name was Bob, who was the toy tester, Cross; Larry Larson, Association of Mr. DURBIN. Madam President, I ask I found that his laboratory for testing State Flood Plain Managers; Chris unanimous consent the order for the toys exported to the United States Whatley, Council of State Govern- quorum call be rescinded. looked about as bad as my workbench ments; Martha Braddock, International The PRESIDING OFFICER (Mrs. Association of Emergency Managers; in my basement at home. Unfortu- SHAHEEN). Without objection, it is so Dalen Harris, National Association of nately, he didn’t have any kind of tech- Counties; Amy Linehan, National Asso- ordered. nical equipment. What Bob had done ciation of Development Agencies; Mr. DURBIN. I ask consent to speak was draw a couple marks on the wall, Susan Gilson, National Association of as in morning business. one was at about 4 feet, another at 6 Flood and Stormwater Management The PRESIDING OFFICER. Without feet, and Bob would take the toy and Agencies; Kristin Robinson, National objection, it is so ordered. drop it from 4 feet to see if it fell apart Emergency Management Association; into little pieces that the kids might Laura Schepis, National Rural Electric f Cooperative Association; David Conrad, swallow. If it made that test, Bob took NOMINATION OF INEZ TENENBAUM it up to 6 feet and dropped it again. National Wildlife Federation; Franklin AND ROBERT ADLER Nutter, Reinsurance Association of That was the Federal toy testing pro- America. Mr. DURBIN. Madam President, yes- gram for the United States of America. terday President Obama announced he We learned the hard way, when a lot NATIONAL EMERGENCY MANAGEMENT would nominate Inez Tenenbaum as the of dangerous toys were sold and a lot of ASSOCIATION, new Chair of the Consumer Product them went untested. That had to Washington, DC, April 29, 2009. Safety Commission, and Robert Adler change. With the leadership of one of Hon. HARRY REID, as the new CPSC Commissioner. The my colleagues from Arkansas, Senator Majority Leader, U.S. Senate, Washington, DC. President also announced he would re- MARK PRYOR, we embarked on a reau- Hon. MITCH MCCONNELL, store this Commission from a three- to thorization of this agency and gave it Minority Leader, U.S. Senate, a five-commissioner body and provide new authorities and new powers. Sadly, Washington, DC. $107 million for the agency in its fiscal some of the holdovers—one Commis- DEAR MAJORITY LEADER REID AND MINOR- year 2010 budget, a 71-percent increase sioner from a previous administra- ITY LEADER MCCONNELL: As the President of in that budget over President Bush’s tion—complained, said she didn’t un- the National Emergency Management Asso- request for fiscal year 2007. derstand why we needed to do this, ciation (NEMA), I am writing on behalf of the emergency management directors from I share President Obama’s commit- that we were going too far in giving the states, the U.S. territories, and the Dis- ment to consumer safety and his goal more power to this agency. It tells you trict of Columbia. We ask for the Senate’s of restoring the CPSC to prominence as a lot about the mindset of the agency immediate action to confirm William Craig our Nation’s premier consumer watch- in the old days.

VerDate Nov 24 2008 02:28 May 08, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.012 S07MYPT1 jbell on PROD1PC69 with SENATE S5274 CONGRESSIONAL RECORD — SENATE May 7, 2009 Then we matched that with appro- stan and President Karzai of Afghani- Agency for International Development priations funds from an appropriations stan. They are now working together— personnel, with particular emphases on subcommittee that I chair to make and that was not always the case—to diplomacy, agriculture, good govern- sure they had enough money to hire stop the spread of the Taliban and al- ance, and job creation. testers and buy equipment and to make Qaida. They are starting to do things It is unfortunate that more than 7 certain they could take a look at prod- which I think should have been done a years after the war in Afghanistan ucts before they arrived in the ware- long time ago. For example, I was sur- began we are only now providing suffi- houses of America and on the store prised to learn when I visited Afghani- cient civilian resources and experts to shelves to make certain they were safe stan a little over a year ago that we help win the peace in Afghanistan. before they came in. had fewer than 10 agricultural experts The Bush administration neglected It went along very slowly, when it in that country. We know that coun- to focus on post-war needs in both Iraq should have gone quickly because the try, which was once a prolific exporter and Afghanistan. Once our brave mili- right leadership was not at the agency. of agricultural products, has now de- tary men and women accomplished When President Obama was sworn in, scended to a point where the major ex- their early military goals, few if any one of my first calls was to urge him to port is poppy and heroin, which, of plans existed for significant invest- fill the slots at the Consumer Product course, fuels the underground economy ments in strengthening critical eco- Safety Commission with true consumer and fuels the Taliban in their efforts to nomic, governance, and rule of law in- advocates. Our passage of the Con- bring terrorism to Afghanistan and stitutions. sumer Product Safety Improvement Pakistan. Well, to learn that we have The results have been sadly obvious. Act—which President Bush had signed fewer than 10 agricultural experts Our military has had to stay longer into law—by an overwhelming vote of working on the ground in Afghanistan than anticipated while we play catch 89 to 3 in the Senate was an indication to try to change this was dis- up on these basic building blocks that this was a bipartisan issue, as it should appointing. This administration, the are needed for any true long-term sta- have been. That law virtually elimi- new Obama administration, has made a bility. nated lead from toys and children’s commitment to raise that number to This failure to invest in and deploy products, made sure the products met over 50 in a hurry, as they should, so our civilian experts has placed an un- national standards, authorized a dou- that we will be able to counsel those in fair burden on our military and their bling of the Consumer Product Safety agriculture in Afghanistan about lucra- families. Commission budget, and strengthened tive, profitable crops that will not be Our military leaders have recognized the Commission’s ability to protect feeding terrorism. That is one of the the critical nature of the civilian de- Americans. things that needs to be done, not just velopment and diplomatic component Yesterday, President Obama’s an- the military side but the economic side of American engagement abroad. nouncement of these two vacancies as well. Secretary of Defense Gates has said being filled builds on that effort to We understand—and Secretary Clin- it clearly: make sure the Commission has the ton has said such—that if we are going What is clear to me is that there is a need right leadership in place to implement to be successful in Afghanistan and for a dramatic increase in spending on the ci- a law in a comprehensive, yet common- Pakistan, we have to bring this effort vilian instruments of national security—diplomacy, strategic communications, foreign sense, manner. down to ground level, not just to sup- press the violence but to make certain assistance, civic action, and economic recon- Inez Tenenbaum is someone I know. struction and development. She is a long-time advocate for chil- we build a civil economy and a civil He continued; dren and families. She was the former government that can sustain demo- superintendent of education in South cratic and free growth in those two One of the most important lessons of the countries. I was glad to be part of that wars in Iraq and Afghanistan is that mili- Carolina. She oversaw an agency larger tary success is not sufficient to win: eco- than the Consumer Product Safety effort today. I believe there is a lot nomic development, institution-building and Commission in both budget and staff, more to do. I join with Senators KIT the rule of law, promoting internal reconcili- and under her tenure student achieve- BOND of Missouri, PATTY MURRAY of ation, good governance, providing basic serv- ment in that State improved the fast- Washington, and CHRIS DODD of Con- ices to the people, training and equipping in- est in the Nation. necticut, as well as SHELDON digenous military and police forces, stra- Robert Adler, consumer advocate and WHITEHOUSE of Rhode Island, in intro- tegic communications, and more—these, expert on the Consumer Product Safety ducing a bill that is called the Increas- along with security, are essential ingredients for long-term success. Commission, was a professor at the ing America’s Global Development Ca- University of North Carolina, where he pacity Act, to improve our Nation’s ca- Secretary Clinton has similarly said: worked extensively on consumer pro- pacity to undertake global develop- In order for us to pursue an ambitious for- tection and product liability. He has ment activities. eign policy to both solve and manage problems, to address our interests and advance also served as an attorney and advisor The bill would triple the number of USAID Foreign Service officers by 2012. our values, we have to reform both State and to previous CPSC Commissioners. I USAID. And to do so, we have to create a De- strongly support President Obama’s If we implement this legislation, in 3 partment and an agency that are funded the nominees. I am glad he is going to years USAID will have 3,000 talented, right way, where the people doing this work bring about a new day at this agency. committed Americans serving in the have the tools and authorities that they It is long overdue. Millions of Ameri- world’s most difficult locations, help- need. This is particularly important in dan- cans, millions of families and kids are ing to improve the lives of others, and gerous regions like Iraq and Afghanistan. counting on this agency to make sure showing the world what America is all Our Nation’s ability to help others that when products make the shelves about. I would much rather beef up the improve their lives is a critical compo- in America, they are safe for American USAID than run the risk of sending nent of American foreign policy. Devel- consumers. more American soldiers to face the opment initiatives help stem HIV/AIDS f dangers of war in those foreign coun- and other global pandemics; provide tries. I think we can help win over the food, clean water, and sanitation to the AMERICA’S GLOBAL hearts and minds of people around the world’s poor; strengthen democratic DEVELOPMENT CAPACITY ACT world if we have the right American processes and institutions; and foster Mr. DURBIN. Earlier this year, ambassador in a civilian capacity using economic growth. President Obama announced a new pol- diplomacy and development as major These efforts demonstrate our leader- icy for Afghanistan and Pakistan be- tools. ship and concern, foster goodwill and ginning to really focus important re- The President’s strategy wisely em- an appreciation of American values, sources and attention on those coun- phasizes training the Afghan army and and provide alternatives to the despair tries—resources that were, tragically, building up the police; a renewed effort that can lead others to turn against us. diverted during the war in Iraq. to deal with the Taliban’s safe havens That is why a recent story in the I was honored today to be invited for in Pakistan; and a long overdue civil- New York Times about Afghanistan is a lunch with President Zardari of Paki- ian surge in State Department and U.S. so tragic. The article’s title ‘‘G.I.’s

VerDate Nov 24 2008 00:55 May 08, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.045 S07MYPT1 jbell on PROD1PC69 with SENATE May 7, 2009 CONGRESSIONAL RECORD — SENATE S5275 Filling Civilian Gap to Rebuild Afghan- standing in the atomic age and has Southeast by 2030. Georgia alone is istan’’ says it all. been a watchword for America’s nu- slated to add 4 million new residents We now have a President who has clear might has also begun to harness during that time frame. If we are to formed a sound policy for Afghanistan, spent forces for peaceful purposes—to meet the growing energy needs of Geor- but we simply do not have the civilian bring light and heat into American gia and of our Nation in keeping with international development experts nec- homes. America’s national security interests, essary to fill the civilian needs in Af- The Savannah River Site has helped the ingenuity of employees at the Sa- ghanistan. lead the way in disposing of nuclear vannah River Site and other such fa- This is tragic. material. For more than 6 years, the cilities is key to such efforts. I applaud Think about after the attacks of Sep- facility has blended weapons-grade, their great work. I look forward to tember 11 how many Americans wanted highly enriched uranium to make low- many more years of expansion of the to serve their country, whether in the enriched uranium that is being con- technology that is being developed to military, in Americorps programs, or verted into commercial reactor fuel. It dispose of our nuclear waste as well as in the Foreign Service. recently expanded its mission to in- recycle our nuclear waste and to reuse We should have taken advantage of clude converting excess weapons-grade that waste. that groundswell of American idealism plutonium from decommissioned nu- f and determination to bring some of our clear weapons and will become a con- (At the request of Mr. REID, the fol- brightest minds into the State Depart- solidation point for all weapons-grade lowing statement was ordered to be ment and U.S. Agency for Inter- plutonium in the United States. This printed in the RECORD.) national Development where they will result in more fuel for commercial could use their talents and desire for power reactors. VOTE EXPLANATION public service to make a difference in Materials that once tipped our arse- ∑ Mr. MENENDEZ. Madam President, the lives of others around the world nal of nuclear warheads are now being due to an official event in New Jersey, and to help bring stability to faraway used to provide the light by which I was necessarily absent for rollcall places. Georgians eat dinner, do their home- votes 186 and 187. Had I been present, The need is stark. Take USAID work, and the power with which they on rollcall No. 186, passage of S. 454, alone. In the 1960s when President Ken- heat their homes in winter and cool the Weapon Systems Acquisition Re- nedy launched the agency, it had more them in our hot summers. In fact, one- form Act of 2009, I would have voted than 5,000 Foreign Service officers. fifth of Georgia’s total generating ca- yea; rollcall No. 187, the confirmation Today, with obvious needs around the pacity comes from nuclear power—sec- of R. Gil Kerlikowske to be Director of world from Afghanistan to Iraq to ond only to coal. National Drug Control Policy, I would Congo, it has just over 1,000. The two nuclear plants in Georgia have voted yea.∑ Its budget in real dollars has shrunk provide some of the lowest cost elec- f by almost one quarter. tricity in our State. The power they RETIREMENT OF LIEUTENANT That is right. At a time when people generate is safe, reliable, and, most sig- GENERAL CLYDE A. VAUGHN on both sides of the aisle, as well as in nificant in the midst of this national the military and civilian leadership of debate on climate change—emissions Mr. LEAHY. Madam President, this our government, agree on the great free and environmentally responsible. week, LTG Clyde Vaughn, Director of need for such civilian engagement, our Despite those clear advantages, in the Army National Guard, retires after lead international development agency America at large, nuclear power pro- almost 35 years of excellent service to has seen its key staff cut by 80 percent duces some 20 percent of the Nation’s the Army National Guard and the U.S. and its funding by more than 25 per- energy. Compare that to France, where Army. He has been an absolutely su- cent. nuclear power sources provide nearly 80 perb Army Guard Director. We have this all backwards. percent of that country’s power. Under General Vaughn’s watch, the This increase in development profes- Intriguingly, in terms of national se- Guard has undertaken one of the most sionals would be a first step towards curity, the Savannah River Site is successful recruiting programs in his- rebalancing the three pillars of our for- playing a key role in America’s nuclear tory. The Army Guard has become eign policy and national security—de- nonproliferation efforts. The nuclear more capable, ready, and better velopment, defense, and diplomacy, power generated from reducing our nu- equipped than at any point over the and would go a long way in helping clear weapons stockpile at the Savan- past several decades. Under his watch, face some of our country’s biggest nah River Site is coming full circle: In the Army Guard has helped make the global challenges. its conversion from weapons to com- country stronger. General Vaughn I urge support for this bill. mercial nuclear fuel, it is helping re- leaves big shoes to fill. The PRESIDING OFFICER. The Sen- duce America’s dependance on foreign The Army National Guard is a criti- ator from Georgia is recognized. energy sources, often from countries cally important part of the Army and f that do not like us and do not have our the entire Armed Forces. Citizen-sol- best interests at heart. diers from the Army National Guard NUCLEAR ENERGY Additionally, the work conducted at have comprised a high percentage of Mr. CHAMBLISS. Madam President, the Savannah River Site helps main- the forces on the ground in Iraq and Af- I rise this afternoon to discuss the ben- tain America’s technical and scientific ghanistan. The members of the Army efits of nuclear power to our Nation. nuclear base, preserving the expertise Guard also are our military first re- Last week, I was fortunate enough to to expand commercial nuclear energy sponders for emergencies at home, visit the Savannah River Site, along as well as the expertise to modernize ready to quickly support our elected with three of our colleagues, Senator our existing nuclear weapons arsenal. leaders and other civilian authorities ISAKSON and our two South Carolina I was impressed by the talent and ex- in such emergencies as flooding and colleagues, Senator GRAHAM and Sen- pertise of Savannah River Site employ- hurricanes. General Vaughn has ator DEMINT, to watch the Department ees I met who are some of the leading brought an acute understanding of the of Energy employees at the Savannah nuclear experts in the world. However, Army National Guard, built from his River Site carry out their mission. they are an endangered breed and will experiences in the Missouri National This site has been safely operating continue to be unless America commits Guard and from successful joint assign- since the 1950s refining materials for to expanded nuclear energy and re- ments in Washington and further nuclear weapons. In more than fifty search and development. afield. years, there has not been a single nu- We know America’s energy consump- During his time as Army Guard Di- clear incident at the Savannah River tion will increase. We know the in- rector, the National Guard has racked Site, proving that it is possible to safe- creased demand will drive the need for up some extraordinary accomplish- ly operate and maintain our nuclear fa- more base-load capacity. Demog- ments. Soldiers—the proud citizen-sol- cilities. But in the past decade, the raphers predict that 40 percent of the diers from all the States and Terri- place that has helped bolster America’s total U.S. population will live in the tories—and families have remained

VerDate Nov 24 2008 00:55 May 08, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.030 S07MYPT1 jbell on PROD1PC69 with SENATE S5276 CONGRESSIONAL RECORD — SENATE May 7, 2009 foremost in General Vaughn’s mind. In But what I will remember most about prices have dropped in recent weeks, recent years, the Army Guard has re- Demetrios is his commitment to the the concerns expressed remain very rel- versed a downward trend in filling its people that our economic policies af- evant. To respect the efforts of those ranks and boosted enlistments tremen- fect. In Montana, Demetrios made a who took the opportunity to share dously. We have a more educated and a point to know the ranchers in Molt, their thoughts, I am submitting every healthier force with more full-time the seed potato farmers in Manhattan, e-mail sent to me through an address personnel. In his last months on the and the wheat farmers in Three Forks. set up specifically for this purpose to job, General Vaughn has laid out a sen- Demetrios’s intelligence and experi- the CONGRESSIONAL RECORD. This is not sible plan to build readiness within the ence helped guide me and the Senate an issue that will be easily resolved, Army Guard, ending the harmful prac- through the letter of our trade laws. but it is one that deserves immediate tice of counting untrained and tran- But his good character and heart re- and serious attention, and Idahoans de- sient soldiers against the end-strength minded us what those trade laws are serve to be heard. Their stories not of various units. really about America’s workers, farm- only detail their struggles to meet ev- Working closely with Congress, Gen- ers, ranchers, and families. eryday expenses, but also have sugges- eral Vaughn has also ensured that the I congratulate Demetrios on his nom- tions and recommendations as to what Guard has more modern equipment. ination, thank him for his good work, Congress can do now to tackle this The Army Guard has much better gear and wish him the best of luck as Dep- problem and find solutions that last be- today than it did 4 years ago. uty U.S. Trade Representative. yond today. I ask unanimous consent Lieutenant General Vaughn is a lead- Mr. GRASSLEY. Madam President, I to have today’s letters printed in the er who forthrightly lays out his views, wish to speak a few words about RECORD. whether to Congress or his counter- Demetrios Marantis, who was con- There being no objection, the mate- parts in the active Army. It is this firmed last night by the Senate to be a rial was ordered to be printed in the deep honesty and intelligence that has Deputy U.S. Trade Representative. RECORD, as follows: made him an inspiration to his subordi- Demetrios is well known to all of us I am sending you this email in regards to nates and a close adviser to his superi- on the Finance Committee. For 4 our gas prices. I feel that the taxes that ors. Lieutenant General Clyde Vaughn years, he has very ably served Chair- Idaho has on the gas should be dropped in our state. knows and loves the Army National man BAUCUS—most recently as the Guard, having lived and breathed with So many people are already unemployed. Democratic chief international trade People are suffering enough trying to keep this force of citizen-soldiers for more counsel. So he has played a central role the jobs that they have. Many people travel than three decades. The country owes in all of the committee’s efforts on from Caldwell and Nampa to jobs in Boise. General Vaughn, as well as his wife trade policy during this time. They are only making $9, maybe $10, an Carol and kids Chad and Kristi, our Not only is Demetrios a very sharp hour. That is just two gallons of gas. Because thanks and hearty congratulations on trade lawyer and policy adviser, he is of this, we will only be adding to our unem- a job, very well done. ployment line. This only takes away the also a skilled negotiator. That will money coming into our state from the taxes f serve him well in his new position. I from their paychecks. NOMINATION OF DEMETRIOS am grateful for the genuine spirit of bi- My daughter is trying to find work herself. JAMES MARANTIS partisanship that Demetrios brought to Do you have any idea the hardship of this? She cannot find a job because she cannot put Mr. BAUCUS. Madam President, the Finance Committee, and I am sorry to see him depart. His energy and good the $8 for two gallons of gas into her car to today I would like to recognize one of find a job. If you removed the gas tax, she the finest members of my staff to ever nature will certainly be missed. would have at least a fighting chance! work for me, the State of Montana, and At the same time, I am comforted by My son lives in Boise and works in Nampa. the U.S. Senate. Demetrios James the fact that our Nation will continue He had to leave his car on the freeway be- Marantis has served in the Senate to benefit from Demetrios’ commit- cause he ran out of gas and had just put in ment to public service. He assumes a the last of his money he had in his pocket. since 2005, and on Wednesday, the Sen- What about our elderly and all the others ate approved his nomination to be Dep- very important portfolio at the Office of the United States Trade Representa- on fixed income? We have to get a hold of uty U.S. Trade Representative. this situation now. Thank you for your time When Demetrios first joined my staff tive, as a trade Ambassador to Asia and consideration in this important matter. more than 4 years ago, he came with a and Africa, and also with responsibility GERALD and TONIE, Nampa. chorus of support and an impressive set for the trade and development port- of skills and experience. This week, he folio, as well as for labor and the envi- Thank you, Senator, for asking for input. Yes, we need to protect our planet from ex- leaves the Senate for his next chal- ronment. I therefore look forward to engaging cess wrongful pollution; yes we need to have lenge with an even larger group of sup- alternatives to the current fossil fuel di- porters and another impressive list of Demetrios in efforts to open up new lemma. Yes, drilling here and drilling now accomplishments. market opportunities for U.S. export- needs to happen, although it will not give re- Demetrios was at the center of the ers in the Asian region. I also look for- lief for many years to come and at what loss largest expansion and reform of trade ward to working with him on a reform to business and individual Americans, prior adjustment assistance since its cre- of our unilateral trade preference pro- to our becoming more energy independent? ation four decades ago. He was critical grams. We must address these key It is time to steal a page from the Demo- trade priorities in the 111th Congress, crats play book of 2000 and dump oil from to our granting permanent normal our strategic reserves, referenced http://schu- trade relations to Vietnam, and instru- so I expect that we’ll continue to see mer.senate.gov/SchumerWebsite/pressroom/ mental in keeping U.S.-China economic Demetrios on a regular basis for some press_releases/2004/PR02640.Gas051904.html, in ties on track in challenging times. time to come. the market place to lower prices at the Demetrios helped me and the Senate In closing, I commend Demetrios for pump. extend trade preference programs to his outstanding service to the Finance This will have many-fold positive effect. It the world’s poorest nations, and Committee, and I wish Ambassador can boost the economy by helping business Marantis every success in his new posi- to maintain pricing at lower levels. It will worked to lay the groundwork for the cause a price lowering on the world market important pending trade agreements tion. needed by many other nations, i.e., French that I hope that the Senate will con- f truckers causing gridlock by blocking road- sider in the coming months. ways. We replenish our reserves at a lower He did all of this with an unwavering IDAHOANS SPEAK OUT ON HIGH cost oil than today, and it ought have an ad- commitment to this country, and an ENERGY PRICES verse effect on those speculators that are unassailable reputation for fairness Mr. CRAPO. Madam President, in driving the price of oil through the ceiling. and openness to supporters and oppo- mid-June, I asked Idahoans to share How many of the speculators buying futures nents alike. And as many of my col- with me how high energy prices are af- contracts for oil are foreign investors want- fecting their lives, and they responded ing to drive up the price of their oil? These leagues and their staff will always re- positive reactions can only have positive im- member, Demetrios never failed to by the hundreds. The stories, num- pact. bring a little bit of fun and a good bering well over 1,200, are heart- For the future, alternative fuel sources sense of humor to even the hardest job. breaking and touching. While energy other than our food, wheat, rice, corn ought

VerDate Nov 24 2008 02:28 May 08, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.033 S07MYPT1 jbell on PROD1PC69 with SENATE May 7, 2009 CONGRESSIONAL RECORD — SENATE S5277 to be developed, i.e., hydrogen which is in ergy-independent. To get to the point, I want there is a huge shortage of nurses, but I am use presently in the East under controlled to be free of terrorist oil. I want our own forced off from being able to work because, situations, work towards federal funding for country to provide for our energy needs. ‘‘census is down’’ at the major hospital I a research facility to developed an economi- Open up the coastlines to drilling; allow work at in Boise. My thinking on this, cal solution/use for the shale that surrounds drilling in Alaska, Montana and other states. though there is no study I am aware of to Idaho in Wyoming, Utah and Colorado. Part- Allow the mining and processing of oil shale. support it, is that people have become very ner with them. Build the research facility in Develop a national energy strategy with all afraid of the economic situation. ‘‘Elective Idaho. parties involved. This does not take ten surgery’’ (even though necessary) is being JAMES, Nampa. years. Remember World War II; the home- held off, even declined. Why? People have a front converted to the war effort—one exam- hard time with insurance coverage now even Your video interview on KTVB [seemed to ple, victory ships, I want that attitude in my as before the crunch. I believe they would be lacking in understanding. Why would you Congress, my nation. Please express my con- rather chance their well being over an addi- want to give sob stories to Congress?] The cerns. (I retire in two days) Get ’er done! tional concern of a medical bill, because problem is the way you are approaching the Thank you, sir. they cannot afford to go to work that may matter. [The current] approach is to focus on ALAN, Emmett. possibly have coverage for them, or more an issue that has been allowed to spiral out than likely, probably do not. So, health be- of control, so it is now labeled as a signifi- Very simple, Mike—we want alternative comes a secondary choice to them. This, in cant emotional event that affects a large energy choices—sun, nuclear, wind, hydro, turn, affects me. I get laid off and I cannot contingency of or state. You want input that do not further rape the earth. Can you pay the bills . . . from constituents on a possible solution to lead the way on this issue? If not, get out of I am more fortunate, in that I do have op- this crisis. the way and we will elect someone who will! tions. Not necessarily pleasant ones, i.e., You are way too late, Mr. Crapo. You RON, Wilder. leave Idaho, but options all the same. Right should have approached this problem at the now I am looking at supplemental work. root cause, when it first started years ago. A short while ago I responded to your in- Basically what I am saying, the ‘‘gas Nothing was ever done to formulate a plan. quiry regarding the impact that the energy issue’’ is obviously more than just filling the Just what are your thoughts? Is this a crisis has had on me and my family. After tank. It is food, it is housing, it is employ- lame issue strategically planned based on sending the message, it occurred to me that ment availability, it is health, and it is the emotions of the people, centered on a I had omitted what may be the largest finan- choices or lack of. Please, I plead that you principal of difusionary tactics to point the cial and psychological impact of all. Forty approach those who can make a difference. crisis issue from your office to the bleeding years ago, my wife and I bought a small Recognize, America should always be first, heart consumers? Just what are we going to cabin near a lake in the mountains just in their decision, not outside interests. do? south of Salmon. My family and I have en- I am born and bred American. I am proud In order to solve a problem, you need to joyed many pleasant hours every summer up of what we are and what we can be, but I can lose the ‘‘ostrich mentality’’; that is, bury there. At the time we bought it, our big con- see greed has taken over common sense. your head in the sand until the danger passes cern was how much time will it take to trav- Please do what you can do to stop the under- by. As long as you do not see anything going el up there from Malad. Now the time ele- mining of our strength. Let us be self-suffi- on around you, then you assume all will be ment is the least of our concerns. Now the cient first and with good conscience let us well once it passes; however, while your head question is how much is it going to cost us use our ability to drill, invent, and create a is in the sand, your [backend] is hanging out to make the trip. So far, this year, the an- new direction that will allow new jobs and in the air [in danger.] swer has been: Too much! We have not been strength. This problem should have been breached able to work out a way to get there to even Advice I give patients: You cannot help months ago when gasoline prices were at open it up for the season. We are seriously those you care for unless you have taken $2.50 a gallon, and needed to focus on how to considering the possibility of selling it be- care of yourself and maintain your own hold them at this price. cause transportation costs make it prohibi- strength. Be conscious to care for yourself so What you have condoned is the allowance tive to make the trip often enough to make you can help those you love. I say the same of gasoline to skyrocket out of control, and it worthwhile keeping it! Having to sell it to my country: Care for yourself. somehow scheme a plan that involves Ida- would be a blow to our entire family—as well BONNIEDEE, Boise. hoans to offer a solution. as what would be an economic loss! React when the crisis surfaces because I really do not think Americans should be Living in a rural area of southeastern that it the way everyone does it. Any offi- treated this way just because some political Idaho we have been hit particularly hard. cial, manager, analyst, physics engineer activists want to punish this country for Gas in our community is always higher than knows that you start by dissecting and ana- being too successful. Please do not let them surrounding areas. I drive 120 miles lyzing the root problem that drove the event. do it. The remedy is so obvious and attain- roundtrip to work and 30 miles roundtrip to Two great books to read on this management able! Truly this is an economic crisis, not the grocery store. Many of my neighbors are technique are Crucial Conversations and only for this nation, but for the world! trying to farm but the cost of putting fuel in Crucial Conversation. Try them; they are WESLEY, Malad City. the tractor is so high that to plow and plant great. a field it almost is not worth the effort any- As for the bleeding heart letters, I do not Being a resident of Idaho, I feel compelled more. We realize that, as a nation, we need buy them one bit. After all, what do we have to write to you regarding my perspective on to be prudent in oil drilling practices but to at our disposal to influence members of Con- energy cost and its effect on the economy. It ignore the Alaskan oil fields and the offshore gress? may be felt, being single and a nurse in the Much could have been done by the Amer- State of Idaho, by many that my situation is potential of our coastal regions is sheer ican people if we, the consumers, could be in secure and comfortable. I must stress, it is folly. If we fail to claim and drill what is on the ground floor of these fire-side chats not. Gas/fuel prices (including electricity) is rightfully ours, the Chinese and the Cubans and actively work on the problem. a huge concern to me and affects me in ways will find a way to do it right under our very We need to be a preventative society, not a most may not recognize. I find, as others, noses. I ask you, what other country in the panic-reactive, flavor of the month club. filling at the tank is overwhelming at times, world is crazy enough to sit on such a re- GEORGE, Boise. but what I find interesting is how it has af- source and just let it go to waste? Regardless fected so much more than just getting gas of whom drills for the oil we will still have I saw in the news this morning that you for a vehicle. It does make it more difficult the same potential environmental issues but are asking for comments about the current to obtain the fuel for the vehicle that brings we could easily not be the ones in control. I gas prices. I believe, like many others, that one to work, but the effect goes so much be- would like to see what would happen to the we need to end our dependency on foreign yond that. price of gas if congress woke up to the situa- oil. If the government would end the morato- I find my grocery bill has increased from tion and opened our significant undeveloped riums against off shore drilling, allow the 10–30% on items I used to feel comfortable in oil fields to responsible drilling. Congress states who are begging to drill to do so. purchasing previously. I find I am no longer cannot continue to make the oil companies Allow new refineries be built, I know the looking at brands like I have before, and I the ‘‘scapegoat’’ in this situation. Congress prices would begin to go down, just from the find I am going without some items I would and the President, past and current, need to threat of competition alone. If our govern- have thought to be necessary before. accept responsibility for their major part in ment would get out of the way, let the good We are a spoiled nation, there is no doubt; the entire mess. old American ingenuity and capitalism take however, whenever I stop buying things and CLARE, Preston. control, things would turn around in no time chipping away from those items I have en- at all. joyed I think of those individuals who work A couple of week ago you were a guest Thank you for the opportunity to voice my for those companies that my meager dollar speaker on our local radio program and opinion. use to support no longer can, and in turn, asked us voters to write you about what KIM, Moose. causes an effect on their ability to continue trouble and hard times have fallen upon us their lifestyle endeavors. regular working stiffs. Well, I started this I am very concern that my country’s Con- I find an unusual event here in Idaho with letter five times, but did not finish because gress has paralyzed our ability to become en- regard to my career. I am an RN. I am told of the way I was brought up, i.e., ‘‘Do not be

VerDate Nov 24 2008 00:55 May 08, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.018 S07MYPT1 jbell on PROD1PC69 with SENATE S5278 CONGRESSIONAL RECORD — SENATE May 7, 2009 a whiner, be a winner and a doer! Well, you necessary to but back on those trips. What is her dedication and strong work ethic, asked, so here is my story. so frustrating to us is knowing that we have Fong was given a beat along Clement I am a certificated flight instructor and plenty of oil in our own country, if our gov- Street with a veteran police officer, had a very promising flight school in the ernment would just allow production to in- where she quickly learned the ropes. Magic Valley (the only flight school in the crease. I also favor developing alternate en- valley) at the Jerome County Airport. Then ergy. I especially think that nuclear energy Two years later, in 1979, Fong trans- 9/11. I learned two very good lessons after can be developed safely and should be looked ferred to the Police Academy, where that: [there is little understanding of the at very seriously. she became the first female instructor, real world among the bureaucrats who oper- LINDA and ALAN, Nampa. an honor not usually given to young of- ate many agencies, and that too often the ficers. price for problems is paid by those who had It is very obvious that Russia is on an ag- Fong has served the San Francisco nothing to do with the problem.] gressive quest to control the global oil. The Police Department in various capac- While billions [were dumped] into the air- U.S. should have already been on top of this, ities over her 32 years of service, work- line industry, [my business] went under. Just but where are the leaders of the two Houses? because I was grounded and held accountable ing her way through the ranks of in- They’re on vacation (except for a few fight- spector, sergeant, lieutenant, captain, for the actions of 9/11, my bills were not ers) instead of attending to very important ‘‘grounded’’ and I ended up losing my air- and critical issues. It is extremely important commander, deputy chief, assistant planes, my business and every cent I had! Oh, to deal with the energy issues as soon as pos- chief, acting chief, and finally, chief. well, no complaints, I was not in a rubble sible. We have oil available in the Bakken San Francisco Mayor Gavin Newsom pile in D.C., or New York, New York, or dead Formation, Alaska and other areas, which appointed Fong acting chief of Police at a crash site in Pennsylvania. My heart contain the following estimates: 8 times as on January 22, 2004 and chief of police still hurts for those who lost their lives that much oil as Saudi Arabia, 18 times as much on April 14, 2004. Fong was the first day. Like I said, no complaints. I am a proud oil as Iraq, 21 times as much oil as Kuwait, woman to become chief of police for American that is used to pulling me up by 22 times as much oil as Iran, 500 times as San Francisco and the Nation’s first the boot straps and, by the way, I was offered much oil as Yemen—all right here in the a low interest $5,000 loan by the government; Asian American woman to lead a major U.S. city’s police department. Chief Fong is that would not have even covered my fuel The issues at hand are affecting the rap- bill! It has taken me years to pay off the idly increasing day-to-day costs. Inflation is deserving of a very relaxing retire- losses, but I have. And I have been teaching rising, not at .05%, rather more like 30%. For ment—in her 5 years as police chief, flying lessons in student-owned planes. If example, groceries are costing almost 50% she never took one vacation. they come to me without an airplane I have more than in January. That is if one can af- I admire Chief Fong’s 32 years of to turn them away. That means out of the ford the gasoline. dedicated service to the people of San Magic Valley because there had been no The COLA increase in the next budget for Francisco. Along with her friends and other flight schools open. Flying is not a Social Security and the Military should be a admirers throughout the San Francisco privilege like driving, it is a right put down minimum of 15%—just to stay even with ris- Bay area, I thank her for her tireless on paper by the Congress and the Senate! ing costs. Now to end this story—you ask for $5.50 a efforts and wish her the best as she em- This is not a time for partisan bickering. barks on the next phase of her life.∑ gallon aviation fuel! It has put me com- This is time for a conscience effort toward pletely out of the teaching game! Thanks a the business of American citizens. f lot! (Not you.) I have been doing this teach- GEORGE. Craigmont. ing thing for the last 18 years. I do not know TRIBUTE TO DR. ANDREW MOORE anything else! I am 52 years old, too old to f ∑ Mr. BUNNING. Madam President, start over and become an expert at anything ADDITIONAL STATEMENTS today I recognize Dr. Andrew Moore of else, I will not be on this planet long enough! Lexington, KY, for being the recipient Sure, I could go to Dubai, India, China or of the Fayette County Hero of the Year some other enemy country and teach their students how to fly and probably make a a TRIBUTE TO HEATHER FONG presented by the Bluegrass Area Chap- lot of money, but that is not what it is ∑ Mrs. BOXER. Madam President, I am ter of the American Red Cross. The Hero of the Year award was pre- about. It is about molding good, safe and bet- pleased to pay tribute to San Francisco sented to Dr. Moore on April 23, 2009. ter American pilots! Not going to the Middle Police Chief Heather Fong as she re- East and teaching the bucks. No, I will never The Heroes campaign fosters commu- tires from the city and county of San do that! Never! I live in Idaho and that is nity awareness and generates funds to where I will be put into the good potato- Francisco’s Police Department after 32 support the mission and services of the growing earth of Idaho! years of dedicated service. American Red Cross. I feel [let down by my elected officials.] A lifelong Californian, Chief Fong Dr. Moore is the founder and presi- Please keep up your effort to help us no- was born and raised in the city of San dent of the nonprofit organization Sur- counts here in Idaho! I do know that you are Francisco. She grew up in a small flat gery on Sunday, which provides out- trying. on Bannam Place, a tiny alley in North JIM, Jerome. patient surgical services to income-eli- Beach just outside Chinatown, and at- gible individuals and families who are My husband is on permanent Social Secu- tended St. Rose Academy in the west- without health insurance and are not rity Disability. The high gas prices make it ern addition. It was there that Fong eligible for Federal or State assistance. impossible for us to leave our area, and it is was first exposed to the idea that she Patients are referred to the program by more expensive for me to drive to work. We could pursue a career in law enforce- community organizations and receive just try to buy less groceries; no extras. I am ment, when a visiting officer was really worried about purchasing propane medical procedures that range from brought into the academy to speak general operations to dental work and next winter. The minimum you can now have with the students. Fong quickly joined delivered is $300, and that does not even last reconstructive surgeries. a month. I hate to see what it will cost next the San Francisco Police Athletic In its first year of operation, Surgery winter. If gas prices do not go down, many League’s cadet academy, where she on Sunday provided services to more living in Idaho will eat less and heat less! served for 2 years, and attended classes than 150 individuals without health in- BARBARA, Idaho Falls. one night a week at the Hall of Justice. surance or the means to pay. By the Following her graduation from St. end of its second year, the organization First I want to thank you for all the good Rose Academy, Fong pursued her un- had performed more than 2,000 proce- work you are doing to represent your Idaho dergraduate education at the Univer- constituents. It is so refreshing to have an dures. It is estimated that $1.5 million honest, wise thinking, conservative con- sity of San Francisco, and later re- worth of medical services has been do- gressman. We have lived in liberal states in ceived a master’s degree in social work nated by more than 600 volunteer sur- the past and it can be very discouraging. from San Francisco State University. geons, physicians, nurses, and other About the fuel prices, I just want to share Chief Fong formally entered the po- health professionals. that I am a hospice nurse which requires lice service when she was sworn in as a I would like to thank Dr. Moore and that I drive all over Canyon and some of Ada San Francisco police officer in 1977. all of the volunteers for Surgery on counties. We do get paid mileage for our Just one month into the job, she Sunday for their contributions to the trips to and from our patients, but the $.43 a mile is quickly being eaten up by the rising played a crucial role in the investiga- Commonwealth of Kentucky. Dr. fuel prices. Also my husband and I are pri- tion of the massacre in Chinatown’s Moore is truly an inspiration to all vate pilots and love to fly over our beautiful Golden Dragon restaurant; her work Kentuckians and I wish him the best of state, but again the cost of fuel is making it resulted in four convictions. Because of luck in his future endeavors.∑

VerDate Nov 24 2008 02:28 May 08, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.021 S07MYPT1 jbell on PROD1PC69 with SENATE May 7, 2009 CONGRESSIONAL RECORD — SENATE S5279 TRIBUTE TO OKLAHOMA NURSES would: (1) be vulnerable to extensive ference to the success of each mission. ∑ Mr. INHOFE. Madam President, I flooding, (2) lack abundant rec- They have faced the special challenges wish to honor the men and women who reational opportunities and preserva- of long and repeated deployments, sep- have dedicated their lives to caring for tion of critical wildlife habitat, and (3) arations from loved ones, and frequent others through the nursing profession. face much higher electric energy bills. relocations with great courage and re- As you may know, National Nurses’ It is estimated that as a result of the solve. In doing so, their selfless dedica- Week is celebrated from May 6 through work of the Omaha District of the U.S. tion has directly contributed to the 12. Nurses play a crucial role in our Army Corps of Engineers, more than mission readiness of our soldiers, sail- health care system. The need for atten- $25 billion of property damage due to ors, airmen, marines, Coast Guards- tion to detail, medical expertise, time flooding has been averted during its men, and Merchant Marines. management, critical thinking, and distinguished history. So to every military family, I want compassion shape a vocation that is I also note with extreme pride the to offer a nation’s thanks. more than a career. Professional nurses important contribution that the For the times you have stood and make enduring investments in their Omaha District has made over the watched a ship sail from the harbor, an patients’ lives. years to the success of our Armed aircraft disappear into the clouds, or a Nursing is the largest health care oc- Forces. The Omaha District was re- bus convoy pull out of sight, not sure cupation, with over 2.5 million nurses sponsible for the construction of what when your loved one would return, we nationwide. In my State of Oklahoma, later became known as Offutt Air thank you. there are over 25,000 registered nurses Force Base. Offutt Air Force Base was For the anniversaries, birthdays, and alone. Nurses are found in a wide vari- the home of the Glenn L. Martin Co. holidays you have celebrated alone, we ety of settings, including hospitals, Bomber Plant, which manufactured the thank you. doctors’ offices, schools, nursing B–29 ‘‘Superfortress’’ and the B–26 ‘‘Ma- For the helping hand you have ex- homes, community clinics, and even rauder’’ airplanes. Other more recent tended to other military families when the battlefield. Nurses do more than noteworthy projects have included there was need—truly creating a mili- treat wounds and assist doctors. They work on the North American Air De- tary family—we thank you. help us all, regardless of age or stand- fense Command headquarters at Chey- A country is not strong because of its ing, from the tiniest premature baby to enne Mountain, construction of various armed services alone, rather the armed the senior who has a life full of memo- missile controls and launch facilities services draw strength from the civil- ries. They comfort those in pain, ease throughout the Midwest, building of ians who support them. With military children’s fears, educate students, at- hangar facilities for B–2 ‘‘Stealth’’ families setting a superior example of tend deliveries, and offer assurance to bombers, and other important projects devotion, courage, and commitment, worried parents. Nurses are trained to for military purposes in Nebraska and America will always be a nation of ∑ take care of the whole patient, sick or for foreign deployments. strength. healthy. Again, I thank the thousands of f Omaha District employees who have It is no coincidence that the last day BUDGET OF THE UNITED STATES of National Nurses’ Week, May 12, is dedicated their careers to serving the military and civilian needs of the State GOVERNMENT FOR FISCAL YEAR also the birthday of Florence Nightin- 2010—PM 16 gale, the founder of the modern nursing of Nebraska and the United States of ∑ profession. Her work set an example of America. The PRESIDING OFFICER laid be- commitment to patients that can be f fore the Senate the following message seen and felt even today. The skill, MILITARY FAMILIES from the President of the United dedication, and strength of our nurses APPRECIATION DAY States, together with an accompanying report; which was referred jointly, pur- are too often overlooked. Quality of ∑ Mr. WYDEN. Madam President, to- life has increased for many Oklaho- suant to the order of January 30, 1975 morrow, Oregon will be celebrating its as modified by the order of April 11, mans, myself included, as a result of a first Military Families Appreciation nurse’s actions and care. Nursing is 1986; to the Committees on Appropria- Day. tions; and the Budget: among the noblest professions. All over my State, people will gather Madam President, I ask that you join to recognize the sacrifice and service of To the Congress of the United States: me today in honoring nurses both in military families and veterans I have the honor to transmit to you ∑ Oklahoma and all across the Nation. throughout history. the Budget of the United States Govern- f It is a day set aside to bring people ment for Fiscal Year 2010 together, to learn from and support In my February 26th budget over- NEBRASKA ARMY CORPS OF each other and to celebrate the fami- view, A New Era of Responsibility: Re- ENGINEERS lies who serve on the home front while newing America’s Promise, I provided a ∑ Mr. JOHANNS. Madam President, their wives, husbands, sons, daughters, broad outline of how our Nation came today I wish to commemorate the 75th and parents serve on the front lines. to this moment of economic, financial, anniversary of the founding of the America’s military is the strongest and fiscal crisis; and how my Adminis- Omaha District of the Army Corps of in the world, and they draw their tration plans to move this economy Engineers in Omaha, NE. strength from families back home. Yet from recession to recovery and lay a From its original mission in the 1930s far too frequently, the sacrifices and new foundation for long-term economic working on flood control projects on dedication of military families have growth and prosperity. This Budget the Missouri River, including the build- gone unacknowledged and fills out this picture by providing full ing of the Fort Peck Dam, to its con- unappreciated. programmatic details and proposing temporary work in support of our Na- That is why Oregon will be proudly appropriations language and other re- tion’s military mission in Iraq and Af- recognizing military families on this quired information for the Congress to ghanistan, the Omaha District has inaugural Military Families Apprecia- put these plans fully into effect. served the citizens of the State of Ne- tion Day. Specifically, this Budget details the braska and the United States of Amer- In our Nation’s recent history, mil- pillars of the stable and broad eco- ica with pride and distinction. lions of servicemembers have been nomic growth we seek: making long I especially note the contribution placed in harm’s way for our country, overdue investments and reforms in that the Corps has made every day standing watch as freedom’s guardian. education so that every child can com- since its inception managing and pro- But families, too, have stood watch at pete in the global economy, under- tecting Nebraska’s precious water re- home, facing their own challenges, all taking health care reform so that we sources. Without the dedicated efforts too often alone. can control costs while boosting cov- of all of the men and women of the U.S. Military families sacrifice so much— erage and quality, and investing in re- Army Corps of Engineers Omaha Dis- they are patriots cloaked in a quiet newable sources of energy so that we trict, citizens in the State of Nebraska strength and they make all the dif- can reduce our dependence on foreign

VerDate Nov 24 2008 02:28 May 08, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.017 S07MYPT1 jbell on PROD1PC69 with SENATE S5280 CONGRESSIONAL RECORD — SENATE May 7, 2009 oil and become the world leader in the struct an economy that is built on a MESSAGE FROM THE HOUSE new clean energy economy. solid new foundation. If we do that, At 2:36 p.m., a message from the Fiscal discipline is another critical America once again will teem with new House of Representatives, delivered by pillar in this economic foundation. My industry and commerce, hum with the Ms. Niland, one of its reading clerks, Administration came into office facing energy of new discoveries and inven- announced that the House has passed a budget deficit of $1.3 trillion for this tions, and be a place where anyone the following bill, in which it requests year alone, and the cost of confronting with a good idea and the will to work the concurrence of the Senate: the recession and financial crisis has can live their dreams. H. R. 1107. An act to enact certain laws re- been high. While these are extraor- I am gratified and encouraged by the lating to public contracts as title 41, United dinary times that have demanded ex- support I have received from the Con- States Code, ‘‘Public Contracts’’. traordinary responses, it is impossible gress thus far, and I look forward to The message also announced that the to put our Nation on a course for long- working with you in the weeks ahead House has agreed to the following con- term growth without beginning to rein as we put these plans into practice and current resolution, in which it requests in unsustainable deficits and debt. We make this vision of America a reality. the concurrence of the Senate: no longer can afford to tolerate invest- BARACK OBAMA. H. Con. Res. 80. A resolution authorizing ments in programs that are outdated, THE WHITE HOUSE, May 7, 2009. the use of Emancipation Hall in the Capitol duplicative, ineffective, or wasteful. Visitor Center for an event to celebrate the That is why the Budget I am sending f birthday of King Kamehameha. to you includes a separate volume of f terminations, reductions, and savings REPORT ON THE CONTINUATION that my Administration has identified OF THE NATIONAL EMERGENCY MEASURES REFERRED since we sent the budget overview to THAT WAS ORIGINALLY DE- The following bill was read the first you 10 weeks ago. In it, we identify CLARED IN EXECUTIVE ORDER and the second times by unanimous programs that do not accomplish the 13338 OF MAY 11, 2004, WITH RE- consent, and referred as indicated: goals set for them, do not do so effi- SPECT TO THE BLOCKING OF H.R. 1107. An act to enact certain laws re- ciently, or do a job already done by an- PROPERTY OF CERTAIN PER- lating to public contracts as title 41, United other initiative. Overall, we have tar- SONS AND PROHIBITION OF EX- States Code, ‘‘Public Contracts’’; to the geted more than 100 programs that PORTATION AND RE-EXPOR- Committee on the Judiciary. should be ended or substantially TATION OF CERTAIN GOODS TO f changed, moves that will save nearly SYRIA—PM 17 EXECUTIVE AND OTHER $17 billion next year alone. The PRESIDING OFFICER laid be- These efforts are just the next phase COMMUNICATIONS fore the Senate the following message of a larger and longer effort needed to The following communications were from the President of the United change how Washington does business laid before the Senate, together with States, together with an accompanying and put our fiscal house in order. To accompanying papers, reports, and doc- report; which was referred to the Com- that end, the Budget includes billions uments, and were referred as indicated: mittee on Banking, Housing, and of dollars in savings from steps ranging EC–1536. A communication from the Acting Urban Affairs: from ending subsidies for big oil and Secretary of Health and Human Services, gas companies, to eliminating entitle- To the Congress of the United States: transmitting, pursuant to law, a report enti- ments to banks and lenders making Section 202(d) of the National Emer- tled ‘‘Premarket Approval of Pediatric Uses student loans. It provides an historic gencies Act, 50 U.S.C. 1622(d), provides of Devices—FY 2008’’; to the Committee on Health, Education, Labor, and Pensions. down payment on health care reform, for the automatic termination of a na- EC–1537. A communication from the Acting the key to our long-term fiscal future, tional emergency, unless, prior to the Secretary of Health and Human Services, and was constructed without com- anniversary date of its declaration, the transmitting, pursuant to law, a perform- monly used budget gimmicks that, for President publishes in the Federal Reg- ance report relative to the Animal Drug User instance, hide the true costs of war and ister and transmits to the Congress a Fee Act for fiscal year 2008; to the Com- natural disasters. Even with these notice stating that the emergency is to mittee on Health, Education, Labor, and costs on the books, the Budget will cut continue in effect beyond the anniver- Pensions. the deficit in half by the end of my sary date. In accordance with this pro- EC–1538. A communication from the Sec- retary of Transportation, transmitting, pur- first term, and we will bring non-de- vision, I have sent to the Federal Reg- suant to law, a report relative to the Freight fense discretionary spending to its low- ister for publication the enclosed notice Intermodal Distribution Pilot Grant Pro- est level as a share of GDP since 1962. stating that the national emergency gram; to the Committee on Health, Edu- Finally, in order to keep America with respect to the actions of the Gov- cation, Labor, and Pensions. strong and secure, the Budget includes ernment of Syria declared in Executive EC–1539. A communication from the Sec- critical investments in rebuilding our Order 13338 of May 11, 2004, and relied retary of Education, transmitting the report military, securing our homeland, and upon for additional steps taken in Ex- of proposed legislation relative to limiting expanding our diplomatic efforts be- ecutive Order 13399 of April 25, 2006, and the application of the requirement to delay the effective date of certain student aid reg- cause we need to use all elements of Executive Order 13460 of February 13, ulations; to the Committee on Health, Edu- our power to provide for our national 2008, is to continue in effect beyond cation, Labor, and Pensions. security. We are not only proposing May 11, 2009. EC–1540. A communication from the Acting significant funding for our national se- The actions of the Government of Director, Legislative and Regulatory Depart- curity, but also being careful with Syria in supporting terrorism, pur- ment, Pension Benefit Guaranty Corpora- those investments by, for instance, re- suing weapons of mass destruction and tion, transmitting, pursuant to law, the reforming defense contracting so that we missile programs, and undermining port of a rule entitled ‘‘Benefits Payable in are using our defense dollars to their U.S. and international efforts with re- Terminated Single-Employer Plans; Interest Assumptions for Valuing and Paying Bene- maximum effect. spect to the stabilization and recon- fits’’ (29 CFR Part 4022) received in the Office I have little doubt that there will be struction of Iraq pose a continuing un- of the President of the Senate on May 1, 2009; various interests—vocal and powerful— usual and extraordinary threat to the to the Committee on Health, Education, who will oppose different aspects of national security, foreign policy, and Labor, and Pensions. this Budget. Change is never easy. economy of the United States. For EC–1541. A communication from the Chief However, I believe that after an era of these reasons, I have determined that Privacy Officer, Department of Homeland profound irresponsibility, Americans it is necessary to continue in effect the Security, transmitting, pursuant to law, a are ready to embrace the shared re- national emergency declared with re- report entitled ‘‘Privacy Office Second Quar- sponsibilities we have to each other ter Fiscal Year 2009 Report to Congress’’; to spect to this threat and to maintain in the Committee on Homeland Security and and to generations to come. They want force the sanctions to address this na- Governmental Affairs. to put old arguments and the divisions tional emergency. EC–1542. A communication from the Direc- of the past behind us, put problem-solv- BARACK OBAMA. tor of Legislative Affairs, Office of the Direc- ing ahead of point-scoring, and recon- THE WHITE HOUSE, May 7, 2009. tor of National Intelligence, transmitting,

VerDate Nov 24 2008 00:55 May 08, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.031 S07MYPT1 jbell on PROD1PC69 with SENATE May 7, 2009 CONGRESSIONAL RECORD — SENATE S5281 pursuant to law, the report of a nomination Crime Control and Safe Streets Act of 1968 to By Mrs. LINCOLN (for herself and Ms. for the position of General Counsel, received improve assistance to domestic and sexual SNOWE): in the Office of the President of the Senate violence victims and provide for technical S. 997. A bill to amend the Internal Rev- on May 1, 2009; to the Select Committee on corrections. enue Code of 1986 to provide income tax relief Intelligence. By Mr. KERRY, from the Committee on for families, and for other purposes; to the EC–1543. A communication from the Acting Foreign Relations, without amendment: Committee on Finance. Director, Office of National Drug Control S. 838. A bill to provide for the appoint- By Mr. BROWN (for himself, Mr. Policy, Executive Office of the President, ment of United States Science Envoys. LEAHY, and Mr. REED): transmitting, pursuant to law, a report enti- f S. 998. A bill to amend title II of the Social tled ‘‘Annual Analysis of the Effectiveness of Security Act to eliminate the five-month the National Youth Anti-Drug Media Cam- EXECUTIVE REPORTS OF waiting period in the disability insurance paign’’; to the Committee on the Judiciary. COMMITTEES program, and for other purposes; to the Com- EC–1544. A communication from the Staff The following executive reports of mittee on Finance. Director, U.S. Commission on Civil Rights, nominations were submitted: By Mr. BINGAMAN (for himself, Ms. transmitting, pursuant to law, a report rel- COLLINS, and Ms. STABENOW): By Mrs. BOXER for the Committee on En- ative to the Commission’s recent appoint- S. 999. A bill to increase the number of vironment and Public Works. ment of members to the Georgia Advisory well-trained mental health service profes- *Cynthia J. Giles, of Rhode Island, to be an Committee; to the Committee on the Judici- sionals (including those based in schools) Assistant Administrator of the Environ- ary. providing clinical mental health care to chil- EC–1545. A communication from the Staff mental Protection Agency. *Mathy Stanislaus, of New Jersey, to be dren and adolescents, and for other purposes; Director, U.S. Commission on Civil Rights, to the Committee on Health, Education, transmitting, pursuant to law, a report rel- Assistant Administrator, Office of Solid Waste, Environmental Protection Agency. Labor, and Pensions. ative to the Commission’s recent appoint- By Mr. CASEY (for himself and Mrs. ment of members to the Tennessee Advisory *Michelle DePass, of New York, to be an LINCOLN): Committee; to the Committee on the Judici- Assistant Administrator of the Environ- mental Protection Agency. S. 1000. A bill to amend the Child Care and ary. Development Block Grant Act of 1990 to im- EC–1546. A communication from the Chair, By Mr. LEAHY for the Committee on the prove access to high quality early learning U.S. Sentencing Commission, transmitting, Judiciary. and child care for low-income children and pursuant to law, the amendments to the fed- *John Morton, of Virginia, to be an Assist- working families, and for other purposes; to eral sentencing guidelines that were pro- ant Secretary of Homeland Security. the Committee on Health, Education, Labor, posed by the Commission during the 2008 - William K. Sessions III, of Vermont, to be and Pensions. 2009 amendment cycle; to the Committee on Chair of the United States Sentencing Com- By Mr. LUGAR (for himself and Mr. the Judiciary. mission. EC–1547. A communication from the Sec- *Nomination was reported with rec- BINGAMAN): retary, Judicial Conference of the United ommendation that it be confirmed sub- S. 1001. A bill to provide for increased research, coordination and expansion of health States, transmitting, a report of a draft bill ject to the nominee’s commitment to entitled ‘‘Multidistrict Litigation Restora- promotion programs through the Depart- respond to requests to appear and tes- ment of Health and Human Services; to the tion Act of 2009’’; to the Committee on the tify before any duly constituted com- Judiciary. Committee on Health, Education, Labor, and EC–1548. A communication from the Sec- mittee of the Senate. Pensions. retary, Judicial Conference of the United (Nominations without an asterisk By Mr. CASEY (for himself and Mrs. States, transmitting, a report of a draft bill were reported with the recommenda- LINCOLN): entitled ‘‘Federal Judgeship Act of 2009’’; to tion that they be confirmed.) S. 1002. A bill to provide for the acquisition, construction, renovation, and improve- the Committee on the Judiciary. f EC–1549. A communication from the Staff ment of child care facilities, and for other Director, U.S. Sentencing Commission, INTRODUCTION OF BILLS AND purposes; to the Committee on Health, Edu- transmitting, pursuant to law, the 2008 An- JOINT RESOLUTIONS cation, Labor, and Pensions. nual Report and Sourcebook of Federal Sen- By Mr. REED: tencing Statistics; to the Committee on the The following bills and joint resolu- S. 1003. A bill to increase immunization Judiciary. tions were introduced, read the first rates; to the Committee on Health, Edu- EC–1550. A communication from the Fed- and second times by unanimous con- cation, Labor, and Pensions. eral Register Liaison Officer of the Regula- sent, and referred as indicated: By Mrs. LINCOLN (for herself and Ms. tions and Rulings Division, Alcohol and To- By Mr. SCHUMER (for himself and COLLINS): bacco Tax and Trade Bureau, Department of Mrs. GILLIBRAND): S. 1004. A bill to amend title XVIII of the the Treasury, transmitting, pursuant to law, S. 993. A bill to amend the Internal Rev- Social Security Act to provide Medicare the report of a rule entitled ‘‘Establishment enue Code of 1986 to allow a credit against beneficiaries with access to geriatric assess- of the Lake Chelan Viticultural Area (2007R- income tax for the installation of residential ments and chronic care management and co- 103P)’’ (RIN1513-AB42) received in the Office micro-combined heat and power property; to ordination services, and for other purposes; of the President of the Senate on May 5, 2009; the Committee on Finance. to the Committee on Finance. to the Committee on the Judiciary. By Ms. KLOBUCHAR (for herself, Ms. By Mr. CARDIN (for himself, Mrs. EC–1551. A communication from the Direc- SNOWE, Mrs. GILLIBRAND, Mr. SAND- BOXER, Mr. INHOFE, and Mr. CRAPO): tor of Regulations Management, Veterans ERS, Mr. BAYH, Mr. NELSON of Flor- S. 1005. A bill to amend the Federal Water Health Administration, Department of Vet- ida, Mr. MARTINEZ, Mrs. HAGAN, Mrs. Pollution Control Act and the Safe Drinking erans Affairs, transmitting, pursuant to law, FEINSTEIN, Ms. STABENOW, Ms. Water Act to improve water and wastewater the report of a rule entitled ‘‘Per Diem for LANDRIEU, Mrs. MURRAY, Ms. MIKUL- infrastructure in the United States; to the Veterans in State Nursing Homes’’ (RIN2900- SKI, and Mr. VITTER): Committee on Environment and Public AM97) received in the Office of the President S. 994. A bill to amend the Public Health Works. of the Senate on May 1, 2009; to the Com- Service Act to increase awareness of the By Mr. DURBIN: mittee on Veterans’ Affairs. risks of breast cancer in young women and S. 1006. A bill to require a supermajority f provide support for young women diagnosed shareholder vote to approve excessive com- with breast cancer; to the Committee on pensation of any employee of a publicly- REPORTS OF COMMITTEES Health, Education, Labor, and Pensions. traded company; to the Committee on Bank- The following reports of committees By Mr. ENSIGN (for himself and Mr. ing, Housing, and Urban Affairs. were submitted: REID): By Mr. DURBIN: By Mr. KERRY, from the Committee on S. 995. A bill to amend the Energy and Pol- S. 1007. A bill to amend the Internal Rev- Foreign Relations, without amendment and icy Act of 2005 to reauthorize a provision re- enue Code of 1986 to deny a deduction for ex- with a preamble: lating to geothermal lease revenue, to direct cessive compensation of any employee of an S. Res. 49. A resolution to express the sense the Secretary of the Interior to establish a employer; to the Committee on Banking, of the Senate regarding the importance of pilot project to streamline certain Federal Housing, and Urban Affairs. public diplomacy. renewable energy permitting processes, and By Mrs. SHAHEEN (for herself, Mr. S. Res. 84. A resolution urging the Govern- for other purposes; to the Committee on En- GREGG, and Mr. KOHL): ment of Canada to end the commercial seal ergy and Natural Resources. S. 1008. A bill to amend title 10, United hunt. By Mrs. LINCOLN (for herself and Mr. States Code, to limit requirements of separa- By Mr. LEAHY, from the Committee on HATCH): tion pay, special separation benefits, and the Judiciary, with an amendment in the na- S. 996. A bill to amend the Internal Rev- voluntary separation incentive from mem- ture of a substitute: enue Code of 1986 to provide for S corpora- bers of the Armed Forces subsequently re- S. 327. A bill to amend the Violence tion reform, and for other purposes; to the ceiving retired or retainer pay; to the Com- Against Women Act of 1994 and the Omnibus Committee on Finance. mittee on Armed Services.

VerDate Nov 24 2008 00:55 May 08, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.034 S07MYPT1 jbell on PROD1PC69 with SENATE S5282 CONGRESSIONAL RECORD — SENATE May 7, 2009 By Mr. BENNET: WHITEHOUSE) was added as a cosponsor (Mr. CARPER), the Senator from Vir- S. 1009. A bill to amend title XVIII of the of S. 245, a bill to expand, train, and ginia (Mr. WARNER), the Senator from Social Security Act to establish a Care Tran- support all sectors of the health care Mississippi (Mr. WICKER), the Senator sitions Program in order to improve quality and cost-effectiveness of care for Medicare workforce to care for the growing pop- from Rhode Island (Mr. WHITEHOUSE) beneficiaries; to the Committee on Finance. ulation of older individuals in the and the Senator from New Mexico (Mr. By Mr. AKAKA (for himself, Mr. COCH- United States. BINGAMAN) were added as cosponsors of RAN, Mr. DODD, and Mr. DURBIN): S. 327 S. 614, a bill to award a Congressional S. 1010. A bill to establish a National For- At the request of Mr. LEAHY, the Gold Medal to the Women Airforce eign Language Coordinator Council; to the names of the Senator from Utah (Mr. Service Pilots (‘‘WASP’’). Committee on Health, Education, Labor, and Pensions. HATCH), the Senator from Delaware S. 645 By Mr. AKAKA (for himself and Mr. (Mr. KAUFMAN) and the Senator from At the request of Mrs. LINCOLN, the INOUYE): Minnesota (Ms. KLOBUCHAR) were added name of the Senator from Alaska (Mr. S. 1011. A bill to express the policy of the as cosponsors of S. 327, a bill to amend BEGICH) was added as a cosponsor of S. United States regarding the United States the Violence Against Women Act of 645, a bill to amend title 32, United relationship with Native Hawaiians and to 1994 and the Omnibus Crime Control States Code, to modify the Department provide a process for the recognition by the and Safe Streets Act of 1968 to improve of Defense share of expenses under the United States of the Native Hawaiian governing entity; to the Committee on Indian assistance to domestic and sexual vio- National Guard Youth Challenge Pro- Affairs. lence victims and provide for technical gram. By Mr. REID (for Mr. ROCKEFELLER (for corrections. S. 671 himself, Mr. BYRD, Mr. BAYH, Mr. S. 345 At the request of Mrs. LINCOLN, the BEGICH, Mr. NELSON of Nebraska, Mr. At the request of Mr. LUGAR, the name of the Senator from Ohio (Mr. WHITEHOUSE, and Mr. LEVIN)): name of the Senator from Illinois (Mr. BROWN) was added as a cosponsor of S. S. 1012. A bill to require the Secretary of the Treasury to mint coins in commemora- DURBIN) was added as a cosponsor of S. 671, a bill to amend title XVIII of the tion of the centennial of the establishment 345, a bill to reauthorize the Tropical Social Security Act to provide for the of Mother’s Day; to the Committee on Bank- Forest Conservation Act of 1998 coverage of marriage and family thera- ing, Housing, and Urban Affairs. through fiscal year 2012, to rename the pist services and mental health coun- By Mr. BINGAMAN (for himself, Mr. Tropical Forest Conservation Act of selor services under part B of the Medi- BARRASSO, Mr. DORGAN, Mr. TESTER, 1998 as the ‘‘Tropical Forest and Coral care program, and for other purposes. Mr. BAYH, Ms. LANDRIEU, and Mr. Conservation Act of 2009’’, and for S. 683 CASEY): S. 1013. A bill to authorize the Secretary of other purposes. At the request of Mr. HARKIN, the Energy to carry out a program to dem- S. 440 names of the Senator from Colorado onstrate the commercial application of inte- At the request of Mr. SPECTER, the (Mr. UDALL) and the Senator from grated systems for long-term geological stor- name of the Senator from Michigan Delaware (Mr. KAUFMAN) were added as age of carbon dioxide, and for other purposes; (Ms. STABENOW) was added as a cospon- cosponsors of S. 683, a bill to amend to the Committee on Energy and Natural Re- sor of S. 440, a bill to amend the Inter- title XIX of the Social Security Act to sources. nal Revenue Code of 1986 to allow an provide individuals with disabilities f above-the-line deduction for attorney and older Americans with equal access SUBMISSION OF CONCURRENT AND fees and costs in connection with civil to community-based attendant services SENATE RESOLUTIONS claim awards. and supports, and for other purposes. The following concurrent resolutions S. 454 S. 701 and Senate resolutions were read, and At the request of Mr. LEVIN, the At the request of Mr. KERRY, the referred (or acted upon), as indicated: name of the Senator from Alaska (Mr. name of the Senator from Illinois (Mr. By Mr. KERRY (for himself and Mr. BEGICH) was added as a cosponsor of S. BURRIS) was added as a cosponsor of S. LUGAR): 454, a bill to improve the organization 701, a bill to amend title XVIII of the S. Res. 136. A bill expressing the sense of and procedures of the Department of Social Security Act to improve access the Senate that the United States should ini- Defense for the acquisition of major of Medicare beneficiaries to intra- tiate negotiations to enter into a free trade weapon systems, and for other pur- venous immune globulins (IVIG). agreement with the country of Georgia; to poses. S. 749 the Committee on Finance. S. 476 By Mr. ALEXANDER (for himself, Mr. At the request of Mr. COCHRAN, the BURR, Mr. CORKER, and Mrs. HAGAN): At the request of Mrs. BOXER, the names of the Senator from Colorado S. Res. 137. A resolution recognizing and name of the Senator from Arkansas (Mr. BENNET), the Senator from commending the people of the Great Smoky (Mrs. LINCOLN) was added as a cospon- Vermont (Mr. LEAHY) and the Senator Mountains National Park on the 75th anni- sor of S. 476, a bill to amend title 10, from Alaska (Ms. MURKOWSKI) were versary of the establishment of the park; to United States Code, to reduce the min- added as cosponsors of S. 749, a bill to the Committee on the Judiciary. imum distance of travel necessary for improve and expand geographic lit- By Ms. MURKOWSKI (for herself, Mr. reimbursement of covered beneficiaries DURBIN, Mrs. MURRAY, Mr. BEGICH, eracy among kindergarten through Ms. MIKULSKI, Mr. TESTER, Mr. of the military health care system for grade 12 students in the United States RISCH, Mrs. FEINSTEIN, Mr. DODD, and travel for specialty health care. by improving professional development Mrs. BOXER): S. 525 programs for kindergarten through S. Res. 138. A resolution honoring Concerns At the request of Mr. DORGAN, the grade 12 teachers offered through insti- of Police Survivors for 25 years of service to name of the Senator from California tutions of higher education. family members of law enforcement officers (Mrs. BOXER) was added as a cosponsor S. 775 killed in the line of duty; considered and agreed to. of S. 525, a bill to amend the Federal At the request of Mr. VOINOVICH, the Food, Drug, and Cosmetic Act with rename of the Senator from Utah (Mr. f spect to the importation of prescrip- BENNETT) was added as a cosponsor of ADDITIONAL COSPONSORS tion drugs, and for other purposes. S. 775, a bill to amend title 10, United S. 144 S. 611 States Code, to authorize the avail- At the request of Mr. KERRY, the At the request of Mr. LAUTENBERG, ability of appropriated funds for inter- name of the Senator from Tennessee the name of the Senator from Wash- national partnership contact activities (Mr. CORKER) was added as a cosponsor ington (Ms. CANTWELL) was added as a conducted by the National Guard, and of S. 144, a bill to amend the Internal cosponsor of S. 611, a bill to provide for for other purposes. Revenue Code of 1986 to remove cell the reduction of adolescent pregnancy, S. 883 phones from listed property under sec- HIV rates, and other sexually trans- At the request of Mr. KERRY, the tion 280F. mitted diseases, and for other purposes. name of the Senator from Mississippi S. 245 S. 614 (Mr. COCHRAN) was added as a cospon- At the request of Mr. KOHL, the name At the request of Mrs. HUTCHISON, the sor of S. 883, a bill to require the Sec- of the Senator from Rhode Island (Mr. names of the Senator from Delaware retary of the Treasury to mint coins in

VerDate Nov 24 2008 01:22 May 08, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.041 S07MYPT1 jbell on PROD1PC69 with SENATE May 7, 2009 CONGRESSIONAL RECORD — SENATE S5283 recognition and celebration of the es- STATEMENTS ON INTRODUCED care for their families. What we are tablishment of the Medal of Honor in BILLS AND JOINT RESOLUTIONS looking for is to be able to give small 1861, America’s highest award for valor By Mrs. LINCOLN (for herself businesses, their employees, and self- in action against an enemy force which and Ms. SNOWE): employed individuals the access to the can be bestowed upon an individual S. 997. A bill to amend the Internal same kind of quality and affordable serving in the Armed Services of the Revenue Code of 1986 to provide income health insurance we enjoy as Members United States, to honor the American tax relief for families, and for other of Congress. military men and women who have purposes; to the Committee on Fi- I think it is very doable. I am look- been recipients of the Medal of Honor, nance. ing forward to continuing my work and to promote awareness of what the Mrs. LINCOLN. Mr. President, I rise with Senator SNOWE and others on a Medal of Honor represents and how or- to highlight the greatest resource of plan we have worked on for years now. dinary Americans, through courage, Arkansas. It is our people. It is the Whether it is done independently or in sacrifice, selfless service and patriot- working families and the small busi- the context of a larger health care re- ism, can challenge fate and change the nesses in their valiant fight against the form package, it is time to do some- course of history. current economic crisis. thing for small businesses, their em- S. 967 It is more important than ever before ployees, and the self employed because At the request of Mr. BINGAMAN, the to give working families and businesses they are the largest component of the name of the Senator from North Da- the tools they need to succeed in this uninsured that we could really do kota (Mr. DORGAN) was added as a co- world, to be competitive in the global something substantively for. sponsor of S. 967, a bill to amend the marketplace and, more importantly, to Another piece of my Arkansas plan is Energy Policy and Conservation Act to be able to be successful on their own legislation to help Arkansas taxpayers create a petroleum product reserve, land. Hard work and entrepreneurship who have seen their investments dis- and for other purposes. have fueled the Arkansas small busi- appear as a result of the deteriorating S. 969 ness economy for decades, and we must economic conditions. My proposal At the request of Mr. KERRY, the ensure it remains that way in the fu- would allow taxpayers to deduct up to name of the Senator from Michigan ture. $10,000—up from the $3,000 cap they (Ms. STABENOW) was added as a cospon- That is why I have designed a pack- have now—as the amount an individual sor of S. 969, a bill to amend the Public age of tax cuts and Tax Code sim- can deduct annually for capital losses Health Service Act to ensure fairness plification measures that I call the Ar- suffered. in the coverage of women in the indi- kansas Plan, to help move our State More than 100,000 Arkansans count vidual health insurance market. and hard-working families forward. To- on such investments. Arkansas fami- gether, these tax measures will allow lies have seen the value of investments S. 981 working families and small businesses plummet during the current economic At the request of Mr. REID, the name of the Senator from Mississippi (Mr. to get ahead and emerge from this eco- crisis. The resulting losses from the nomic crisis stronger and more com- dramatic downturn in the market have COCHRAN) was added as a cosponsor of S. 981, a bill to support research and petitive than ever before. These meas- been felt by all investors, but probably public awareness activities with re- ures will encourage innovation and en- the hardest hit are those taxpayers spect to inflammatory bowel disease, trepreneurship, create new jobs, and who are at or near retirement age, who and for other purposes. lessen our dependence on foreign oil; as are counting on such funds for their re- well as reduce the burden on working tirement security. This gives them a S. 982 families and small businesses by sim- little bit of ease. At the request of Mr. TESTER, his plifying our ever-complicated Tax I have also introduced the Savings name was added as a cosponsor of S. Code. for Working Families Act, which would 982, a bill to protect the public health This week, I am focused on measures encourage low- and middle-income by providing the Food and Drug Ad- that will allow working families and families to establish savings accounts ministration with certain authority to small businesses to emerge from the for the purchase of a first home, a col- regulate tobacco products. economic crisis stronger and more lege education, or to start a business. At the request of Mr. CARDIN, his competitive. I have reintroduced the These individual development accounts name was added as a cosponsor of S. Small Business Health Options Pro- have a proven track record of success 982, supra. gram, which would make health insur- in Arkansas. S. 987 ance more affordable, predictable, and In addition, today I introduce the At the request of Mr. DURBIN, the accessible for small businesses and self- Family Tax Relief Act to help the fam- name of the Senator from Maine (Ms. employed individuals. Our SHOP bill ilies of more than 140,000 Arkansas COLLINS) was added as a cosponsor of S. offers tax incentives to encourage children afford the cost of childcare. If 987, a bill to protect girls in developing States to reform the poorly func- you look around this Nation at the countries through the prevention of tioning small group insurance market hard-working Americans—particularly child marriage, and for other purposes. and encourages the development of in Arkansas—who are in need of S.J. RES. 15 State purchasing pools backstopped by childcare, good-quality childcare, to be At the request of Mr. VITTER, the a voluntary nationwide pool. able to pay for it, this is a substantial name of the Senator from Oklahoma The majority of uninsured Americans difference in these economic times that (Mr. COBURN) was added as a cosponsor are self-employed individuals and em- helps them achieve that goal. of S.J. Res. 15, a joint resolution pro- ployees of small businesses. Small Also, today I introduce a bill to up- posing an amendment to the Constitu- businesses are the No. 1 source for jobs date rules for S corporations so that tion of the United States authorizing in our great State of Arkansas. Yet businesses can access capital and have the Congress to prohibit the physical only 29 percent of businesses with the opportunity to expand and create desecration of the flag of the United fewer than 50 employees offer health the much needed jobs Arkansans need. States. insurance coverage because it is simply Together, I believe these bills will S. RES. 122 too expensive. Of the total uninsured equip the working families and small At the request of Mr. UDALL of New population of Arkansas—more than 56 businesses in our great State of Arkan- Mexico, his name was withdrawn as a percent—approximately 295,000 Arkan- sas with the resources needed to navi- cosponsor of S. Res. 122, a resolution sans are employed by a firm with 100 or gate the current crisis. designating April 30, 2009, as ‘‘Dia de fewer employees. Next week, my Arkansas Plan will los Ninos: Celebrating Young Ameri- Our SHOP bill is a pragmatic model focus on encouraging American innova- cans’’, and for other purposes. for larger health reform legislation tion and entrepreneurship to create At the request of Mr. AKAKA, the that allows us to begin to address the new jobs here at home and lessen our name of the Senator from Colorado needs of the millions of working unin- dependence on foreign oil. I will intro- (Mr. UDALL) was added as a cosponsor sured Americans whose top priority is duce a series of energy, research and of S. Res. 122, supra. access to quality and affordable health development, and workforce training

VerDate Nov 24 2008 01:22 May 08, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.044 S07MYPT1 jbell on PROD1PC69 with SENATE S5284 CONGRESSIONAL RECORD — SENATE May 7, 2009 tax initiatives to accomplish this ob- lic. According to that report, 13.7 mil- est psychiatrist, psychologist, or other jective. lion children in our country—about one mental health provider. The following week, I will look for- in five—suffer from a diagnosable emo- Finally, graduate programs providing ward to introducing reform measures tional or behavioral disorder. Such dis- the vital pipeline for the child mental to simplify the Tax Code and reduce orders as Anxiety Disorders, Attention- health workforce have not sufficiently the burden of Arkansas’ working fami- Deficit/Hyperactivity Disorder, and De- increased their funding, class sizes, and lies and businesses by working to build pression are among the most common training programs to meet the ever a tax structure that is fair and equi- in this age group. Yet more than 2⁄3 of growing need for these specialists. In table for all Americans. these children do not receive any treat- the U.S., only 300 new child and adoles- I encourage my colleagues to look at ment. Long waiting lists for children cent psychiatrists are trained each these commonsense measures to see seeking services, including those in cri- year, despite projections by the Bureau how they will benefit their own con- sis, are not uncommon. The primary of Health Professions that the shortage stituents in States across this great reason is that severe shortages exist in of child and adolescent psychiatrist land. qualified mental health professionals, will grow to 4,000 by the year 2020. Fed- Throughout my career in the Senate, including child and adolescent psychia- eral grant funding for graduate psy- I have made Arkansas’ working fami- trists, psychologists, social workers, chology education has also been sig- lies and small businesses my top prior- and counselors. The President’s New nificantly reduced in the past 2 years, ities. From my seat on the Senate Fi- Freedom Commission on Mental which could reduce the numbers of nance Committee, I will continue to Health also found that ‘‘the supply of child and adolescent psychologists en- work to bring our families the relief well-trained mental health profes- tering the profession. they need and business owners the sionals is inadequate in most areas of Clearly something needs to be done tools they require to invest and grow the country . . . particular shortages to address this serious shortage in and become successful and continue to exist for mental health providers who mental health professionals to meet be competitive. serve children, adolescents, and older the growing needs of our Nation’s We have a great country, and each of Americans.’’ The situation is no better youth. It is for this reason that I rise us feels very particular about our in our public schools, where children’s today to offer the Child Health Care State. I come from a seventh-genera- mental health needs are often first Crisis Relief Act of 2009. This bill cre- tion Arkansas farm family. My home is identified. According to the National ates incentives to help recruit and re- precious to me. I reiterate what I start- Center for Education Statistics within tain mental health professionals pro- ed with, and that is that our greatest the Department of Education, there are viding direct clinical care, and to help assets and resources in Arkansas are approximately 479 students for each create, expand, and improve programs our people. They are hard working, in- school counselor in U.S. schools, nearly to train child mental health profes- novative, and stalwart in coming to- twice the recommended ratio of 250 sionals. It provides loan repayments gether to help one another and help students for each counselor. and scholarships for child mental this country. Whether they are small The situation in my home State of health and school-based service profes- business individuals or whether they New Mexico is a case in point. Esti- sionals as well as internships and field serve in the armed services or whether mates suggest that 56,000 children and placements in child mental health they are teachers or whether they care adolescents in New Mexico have an services and training for paraprofes- for parents and the elderly, they are emotional or behavioral disorder. Of sionals who work in children’s mental wonderful people, and they deserve our these, roughly 20,000 have serious dis- health clinical settings. The bill also utmost attention, as do those in other turbances that impair their ability to provides grants to graduate schools to States. fulfill the demands of everyday life. In help develop and expand child and ado- I am willing to bet my colleagues 2009, there were a total of 55 child and lescent mental health programs. It re- that the Arkansas Plan, which I put to- adolescent psychiatrists in the entire stores the Medicare Graduate Medical gether to benefit Arkansas small busi- State of New Mexico. The impact of Education Program funding for child nesses and working families, will also this shortage on the affected children and adolescent psychiatrists and ex- benefit the working families in each of and their communities is dis- tends the board eligibility period for their States. I challenge you all to concerting. Research shows that chil- residents and fellows from 4 years to 6 take a look at this and help me to dren with untreated emotional and be- years. Across all mental health profes- move these initiatives forward on behavioral disorders are at higher risk sions, priority for loan repayments, half of our working families and small for school failure and dropping out of scholarships, and grants is given to in- businesses across this country. school, violence, drug abuse, suicide, dividuals and programs serving chil- and criminal activity. For New Mexico dren and adolescents in high-need By Mr. BINGAMAN (for himself, youth, the suicide rate is twice the na- areas. Ms. COLLINS, and Ms. tional average, the fourth highest in Finally, the Child Health Care Crisis STABENOW): the nation, and the third leading cause Relief Act of 2009 requires the Sec- S. 999. A bill to increase the number of death. By one estimate, roughly 1 in retary to prepare a report on the dis- of well-trained mental health service 7 youth in New Mexico detention cen- tribution and need for child mental professionals (including those based in ters are in need of mental health treat- health and school-based professionals, schools) providing clinical mental ment that is just not available. including disparities in the availability health care to children and adoles- New Mexico is not alone in its strug- of services, on a State-by-State basis. cents, and for other purposes; to the gle to address the needs of these chil- This report will help Congress more Committee on Health, Education, dren. Nationwide, over 1,600 urban, sub- clearly ascertain the mental health Labor, and Pensions. urban, and rural communities have workforce needs that are facing our Mr. BINGAMAN. Mr. President, I am been designated Mental Health Profes- Nation. introducing legislation today with Ms. sional Shortage Areas by the Federal This important legislation has been COLLINS and Ms. STABENOW entitled Government due to their severe lack of endorsed by the following organiza- Child Health Care Crisis Relief Act of psychiatrists, psychologists, social tions: Alliance for Children and Fami- 2009. workers, and other professionals to lies, American Academy of Child and This important legislation will ad- serve children and adults. Rural areas Adolescent Psychiatry, American dress the national shortage of chil- are especially hard hit. For example, in Academy of Pediatrics, American Asso- dren’s mental health professionals, in- New Mexico there is one psychiatrist ciation for Geriatric Psychiatry, Amer- cluding school-based professionals, by per 20,000 residents in rural areas, ican Association for Marriage and encouraging more individuals to enter whereas in urban areas there is one per Family Therapy, American Counseling these critical fields. The landmark 1999 3,000 residents. In rural and frontier Association, American Group Psycho- Surgeon General’s report on mental counties, it is not unusual for the par- therapy Association, American Mental health brought a hidden mental health ents of a child in need of services to Health Counselors Association, Amer- crisis to the attention of the U.S. pub- travel 60 to 90 miles to reach the near- ican Orthopsychiatric Association,

VerDate Nov 24 2008 02:28 May 08, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.032 S07MYPT1 jbell on PROD1PC69 with SENATE May 7, 2009 CONGRESSIONAL RECORD — SENATE S5285 American Psychiatric Association, the recommended ratio of 250 students for ‘‘(1) ESTABLISHMENT.—The Secretary, act- American Psychiatric Nurses Associa- each school counselor. ing through the Administrator of the Health tion, American Psychological Associa- (6) According to the Bureau of Health Pro- Resources and Services Administration, may tion, Anxiety Disorders Association of fessions in 2000, the demand for the services establish a program of entering into con- of child and adolescent psychiatry is pro- America, Association for the Advance- tracts on a competitive basis with eligible jected to increase by 100 percent by 2020. individuals under which— ment of Psychology, Association for (7) The development and application of ‘‘(A) the eligible individual agrees to be Ambulatory Behavioral Healthcare, knowledge about the impact of disasters on employed full-time for a specified period Association for Behavioral Health and children, adolescents, and their families has (which shall be not less than 2 years) in pro- Wellness, Bazelon Center for Mental been impeded by critical shortages of quali- viding mental health services to children Health Law, Children and Adults with fied researchers and practitioners special- and adolescents; and Attention-Deficit/Attention Disorder, izing in this work. ‘‘(B) the Secretary agrees to make, during Child & Adolescent Bipolar Founda- (8) According to the Bureau of the Census, not more than 3 years of the period of em- the population of children and adolescents in tion, Child Welfare League of America, ployment described in subparagraph (A), par- the United States under the age of 18 is pro- tial or total payments on behalf of the indi- Children and Adults with Attention- jected to grow by more than 40 percent in Deficit/Hyperactivity Disorder, Chil- vidual on the principal and interest due on the next 50 years from 70,000,000 to more than the undergraduate and graduate educational dren’s Healthcare Is a Legal Duty, De- 100,000,000 by 2050. loans of the eligible individual. (9) There are approximately 7,000 child and pression and Bipolar Support Alliance, ‘‘(2) ELIGIBLE INDIVIDUAL.—For purposes of Eating Disorders Coalition for Re- adolescent psychiatrists in the United this section, the term ‘eligible individual’ search Policy & Action, Mental Health States. Only 300 child and adolescent psychi- means an individual who— atrists complete training each year. America, National Alliance to Advance ‘‘(A) is receiving specialized training or (10) According to the Department of Health clinical experience in child and adolescent Adolescent Health, National Alliance and Human Services, racial and ethnic mi- mental health in psychiatry, psychology, on Mental Illness, National Association nority representation is lacking in the men- school psychology, behavioral pediatrics, for Children’s Behavioral Health, Na- tal health workforce. Although 12 percent of psychiatric nursing, social work, school so- tional Association of Pediatric Nurse the United States population is African- cial work, marriage and family therapy, American, only 2 percent of psychologists, 2 Practitioners, National Association of school counseling, or professional counseling percent of psychiatrists, and 4 percent of so- Psychiatric Health Systems, National and has less than 1 year remaining before cial workers are African-American providers. Association of School Psychologists, completion of such training or clinical expe- Moreover, there are only 29 Hispanic mental National Association of Social Work- rience; or health professionals for every 100,000 His- ers, National Council for Community panics in the United States, compared with ‘‘(B)(i) has a license or certification in a Behavioral Healthcare, National Fed- 173 non-Hispanic white providers per 100,000. State to practice allopathic medicine, osteo- eration of Families for Children’s Men- (11) According to a 2006 study in the Jour- pathic medicine, psychology, school psy- tal Health, National Mental Health nal of the American Academy of Child and chology, psychiatric nursing, social work, Awareness Campaign, Suicide Preven- Adolescent Psychiatry, the national short- school social work, marriage and family therapy, school counseling, or professional tion Action Network USA, Therapeutic age of child and adolescent psychiatrists affects poor children and adolescents living in counseling; and Communities of America, U.S. Psy- ‘‘(ii)(I) is a mental health service profes- chiatric Rehabilitation Association, rural areas the hardest. (12) According to the Department of Health sional who completed (but not before the end Witness Justice. and Human Services, the ‘‘U.S. mental of the calendar year in which this section is Mr. President, I ask unanimous con- health system is not well equipped to meet enacted) specialized training or clinical ex- sent that the text of the bill be printed the needs of racial and ethnic minority popu- perience in child and adolescent mental in the RECORD. lations.’’. This is quite evident in access to health described in subparagraph (A); or There being no objection, the text of care issues involving racial and ethnic mi- ‘‘(II) is a physician who graduated from the bill was ordered to be printed in nority children. Studies have shown that (but not before the end of the calendar year in which this section is enacted) an accred- the RECORD, as follows: there are striking racial and ethnic differences in the utilization of mental health ited child and adolescent psychiatry resi- S. 999 services among children and youth. Overall, dency or fellowship program in the United Be it enacted by the Senate and House of Rep- mental health services meet the needs of 31 States. resentatives of the United States of America in percent of non-minority children, but only 13 ‘‘(3) ADDITIONAL ELIGIBILITY REQUIRE- Congress assembled, percent of minority children. MENTS.—The Secretary may not enter into a SECTION 1. SHORT TITLE. (13) According to the National Center for contract under this subsection with an eligi- This Act may be cited as the ‘‘Child Health Mental Health and Juvenile Justice, 70 per- ble individual unless— Care Crisis Relief Act of 2009’’. cent of youth involved in State and local ju- ‘‘(A) the individual is a United States cit- SEC. 2. FINDINGS. venile justice systems throughout the coun- izen or a permanent legal United States resi- Congress finds the following: try suffer from mental disorders, with at dent; and (1) The Center for Mental Health Services least 20 percent experiencing symptoms so ‘‘(B) if the individual is enrolled in a grad- estimates that 20 percent or 13,700,000 of the severe that their ability to function is sig- uate program (including a medical residency Nation’s children and adolescents have a nificantly impaired. or fellowship), the program is accredited, and the individual has an acceptable level of diagnosable mental disorder, and about 2⁄3 of (14) The Institute of Medicine, in Improv- these children and adolescents do not receive ing the Quality of Health Care for Mental academic standing (as determined by the mental health care. and Substance-Use Disorders, Quality Chasm Secretary). (2) According to ‘‘Mental Health: A Report Series (2006) recommended that clinicians ‘‘(4) PRIORITY.—In entering into contracts of the Surgeon General’’ in 1999, there are and patients communicate effectively and under this subsection, the Secretary shall approximately 6,000,000 to 9,000,000 children share information to ensure quality care, give priority to applicants who— and adolescents in the United States (ac- which is enhanced with education programs ‘‘(A) are or will be working with high-pri- counting for 9 to 13 percent of all children that allow families and consumers to share ority populations for mental health in a and adolescents in the United States) who information with mental health providers Health Professional Shortage Area (HPSA), meet the definition for having a serious emo- about the lived experience of mental illness. Medically Underserved Area (MUA), or Medi- tional disturbance. SEC. 3. LOAN REPAYMENTS, SCHOLARSHIPS, AND cally Underserved Population (MUP); (3) According to the Center for Mental GRANTS TO IMPROVE CHILD AND ‘‘(B) have familiarity with evidence-based Health Services, approximately 5 to 9 per- ADOLESCENT MENTAL HEALTH methods and cultural and linguistic com- cent of United States children and adoles- CARE. petence in child and adolescent mental cents meet the definition for extreme func- Part E of title VII of the Public Health health services; tional impairment. Service Act (42 U.S.C. 294n et seq.) is amend- ‘‘(C) demonstrate financial need; and (4) According to the Surgeon General’s Re- ed by adding at the end the following: ‘‘(D) are or will be working in the publicly port, there are particularly acute shortages ‘‘Subpart 3—Child and Adolescent Mental funded sector, particularly in community in the numbers of mental health service pro- Health Care mental health programs described in section fessionals serving children and adolescents ‘‘SEC. 775. LOAN REPAYMENTS, SCHOLARSHIPS, 1913(b)(1). with serious emotional disorders. AND GRANTS TO IMPROVE CHILD ‘‘(5) MEANINGFUL LOAN REPAYMENT.—If the (5) According to the National Center for AND ADOLESCENT MENTAL HEALTH Secretary determines that funds appro- Education Statistics in the Department of CARE. priated for a fiscal year to carry out this Education, there are approximately 479 stu- ‘‘(a) LOAN REPAYMENTS FOR CHILD AND ADO- subsection are not sufficient to allow a dents for each school counselor in United LESCENT MENTAL HEALTH SERVICE PROFES- meaningful loan repayment to all expected States schools, which ratio is almost double SIONALS.— applicants, the Secretary shall limit the

VerDate Nov 24 2008 01:22 May 08, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.026 S07MYPT1 jbell on PROD1PC69 with SENATE S5286 CONGRESSIONAL RECORD — SENATE May 7, 2009 number of contracts entered into under para- mental health programs described in section Areas (MUA), or Medically Underserved Pop- graph (1) to ensure that each such contract 1913(b)(1). ulations (MUP); and provides for a meaningful loan repayment. ‘‘(4) REQUIREMENTS.—The Secretary may ‘‘(D) offer curriculum taught collabo- ‘‘(6) AMOUNT.— award a scholarship to an eligible student ratively with a family on the consumer and ‘‘(A) MAXIMUM.—For each year that the under this subsection only if the eligible stu- family lived experience or the importance of Secretary agrees to make payments on be- dent agrees— family-professional partnership. half of an individual under a contract en- ‘‘(A) to complete any graduate training ‘‘(3) REQUIREMENTS.—The Secretary may tered into under paragraph (1), the Secretary program, internship, residency, or fellowship award a grant to an applicant under this sub- may agree to pay not more than $35,000 on applicable to that eligible student under section only if the applicant agrees that— behalf of the individual. paragraph (2); ‘‘(A) any internship or other field place- ‘‘(B) CONSIDERATION.—In determining the ‘‘(B) to maintain an acceptable level of ment program assisted under the grant will amount of payments to be made on behalf of academic standing (as determined by the prioritize cultural and linguistic com- an eligible individual under a contract to be Secretary) during the completion of such petency; entered into under paragraph (1), the Sec- graduate training program, internship, resi- ‘‘(B) students benefitting from any assist- retary shall consider the eligible individual’s dency, or fellowship; and ance under this subsection will be United income and debt load. ‘‘(C) to be employed full-time after gradua- States citizens or permanent legal United ‘‘(7) APPLICABILITY OF CERTAIN PROVI- tion or completion of a residency or fellow- States residents; SIONS.—The provisions of sections 338E and ship, for not less than the number of years ‘‘(C) the institution will provide to the 338F shall apply to the program established for which a scholarship is received by the eli- Secretary such data, assurances, and infor- under paragraph (1) to the same extent and gible student under this subsection, in pro- mation as the Secretary may require; and in the same manner as such provisions apply viding mental health services to children ‘‘(D) with respect to any violation of the to the National Health Service Corps Loan and adolescents. agreement between the Secretary and the in- Repayment Program established in subpart ‘‘(5) USE OF SCHOLARSHIP FUNDS.—A schol- stitution, the institution will pay such liq- III of part D of title III. arship awarded to an eligible student for a uidated damages as prescribed by the Sec- ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— school year under this subsection may be retary by regulation. There is authorized to be appropriated to used only to pay for tuition expenses of the ‘‘(4) APPLICATION.—The Secretary shall re- carry out this subsection $10,000,000 for each school year, other reasonable educational ex- quire that any application for a grant under of fiscal years 2010 through 2014. penses (including fees, books, and laboratory this subsection include a description of the ‘‘(b) SCHOLARSHIPS FOR STUDENTS STUDYING expenses incurred by the eligible student in applicant’s experience working with child TO BECOME CHILD AND ADOLESCENT MENTAL the school year), and reasonable living ex- and adolescent mental health issues. penses, as such tuition expenses, reasonable HEALTH SERVICE PROFESSIONALS.— ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) ESTABLISHMENT.—The Secretary, act- educational expenses, and reasonable living There is authorized to be appropriated to ing through the Administrator of the Health expenses are determined by the Secretary. carry out this subsection $10,000,000 for each Resources and Services Administration, may ‘‘(6) AMOUNT.—The amount of a scholarship of fiscal years 2010 through 2014. establish a program to award scholarships on under this subsection shall not exceed the ROGRESSIVE EDUCATION GRANTS FOR a competitive basis to eligible students who total amount of the tuition expenses, reason- ‘‘(d) P agree to enter into full-time employment (as able educational expenses, and reasonable PARAPROFESSIONALS.— described in paragraph (4)(C)) as a child and living expenses described in paragraph (5). ‘‘(1) ESTABLISHMENT.—The Secretary, act- adolescent mental health service profes- ‘‘(7) APPLICABILITY OF CERTAIN PROVI- ing through the Administrator of the Health sional after graduation or completion of a SIONS.—The provisions of sections 338E and Resources and Services Administration, in residency or fellowship. 338F shall apply to the program established cooperation with the Administrator of the ‘‘(2) ELIGIBLE STUDENT.—For purposes of under paragraph (1) to the same extent and Substance Abuse and Mental Health Services this subsection, the term ‘eligible student’ in the same manner as such provisions apply Administration, may establish a program to means a United States citizen or a perma- to the National Health Service Corps Schol- award grants on a competitive basis to nent legal United States resident who— arship Program established in subpart III of State-licensed mental health nonprofit and ‘‘(A) is enrolled or accepted to be enrolled part D of title III. for-profit organizations (including accredited in an accredited graduate program that in- ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— institutions of higher education) to enable cludes specialized training or clinical experi- There is authorized to be appropriated to such organizations to pay for programs for ence in child and adolescent mental health carry out this subsection $5,000,000 for each preservice or in-service training of para- in psychology, school psychology, psy- of fiscal years 2010 through 2014. professional child and adolescent mental chiatric nursing, behavioral pediatrics, so- ‘‘(c) CLINICAL TRAINING GRANTS FOR PRO- health workers. cial work, school social work, marriage and FESSIONALS.— ‘‘(2) DEFINITION.—For purposes of this sub- family therapy, school counseling, or profes- ‘‘(1) ESTABLISHMENT.—The Secretary, act- section, the term ‘paraprofessional child and sional counseling and, if enrolled, has an ac- ing through the Administrator of the Health adolescent mental health worker’ means an ceptable level of academic standing (as de- Resources and Services Administration, in individual who is not a mental health service termined by the Secretary); or cooperation with the Administrator of the professional, but who works at the first ‘‘(B)(i) is enrolled or accepted to be en- Substance Abuse and Mental Health Services stage of contact with children and families rolled in an accredited graduate training Administration, may establish a program to who are seeking mental health services. program of allopathic or osteopathic medi- award grants on a competitive basis to ac- ‘‘(3) PRIORITY.—In awarding grants under cine in the United States and, if enrolled, credited institutions of higher education or this subsection, the Secretary shall give pri- has an acceptable level of academic standing accredited professional training programs to ority to applicants that— (as determined by the Secretary); and establish or expand internships or other field ‘‘(A) have demonstrated the ability to col- ‘‘(ii) intends to complete an accredited placement programs for students receiving lect data on the number of paraprofessional residency or fellowship in child and adoles- specialized training or clinical experience in child and adolescent mental health workers cent psychiatry or behavioral pediatrics. child and adolescent mental health in psy- trained by the applicant and the populations ‘‘(3) PRIORITY.—In awarding scholarships chiatry, psychology, school psychology, be- served by these workers after the completion under this subsection, the Secretary shall havioral pediatrics, psychiatric nursing, so- of the training; give— cial work, school social work, marriage and ‘‘(B) have familiarity with evidence-based ‘‘(A) highest priority to applicants who family therapy, school counseling, or profes- methods in child and adolescent mental previously received a scholarship under this sional counseling. health services; subsection and satisfy the criteria described ‘‘(2) PRIORITY.—In awarding grants under ‘‘(C) have programs designed to increase in subparagraph (B); and this subsection, the Secretary shall give pri- the number of paraprofessional child and ad- ‘‘(B) second highest priority to applicants ority to applicants that— olescent mental health workers serving high- who— ‘‘(A) have demonstrated the ability to col- priority populations; and ‘‘(i) demonstrate a commitment to work- lect data on the number of students trained ‘‘(D) provide services through a community ing with high-priority populations for men- in child and adolescent mental health and mental health program described in section tal health in a Health Professional Shortage the populations served by such students 1913(b)(1). Area (HPSA), Medically Underserved Area after graduation; ‘‘(4) REQUIREMENTS.—The Secretary may (MUA), or Medically Underserved Population ‘‘(B) have demonstrated familiarity with award a grant to an organization under this (MUP) and to students from high-priority evidence-based methods in child and adoles- subsection only if the organization agrees populations; cent mental health services; that— ‘‘(ii) have familiarity with evidence-based ‘‘(C) have programs designed to increase ‘‘(A) any training program assisted under methods in child and adolescent mental the number of professionals serving high-pri- the grant will prioritize cultural and lin- health services; ority populations and to applicants who guistic competency; ‘‘(iii) demonstrate financial need; and come from high-priority communities and ‘‘(B) the organization will provide to the ‘‘(iv) are or will be working in the publicly plan to serve in Health Professional Short- Secretary such data, assurances, and infor- funded sector, particularly in community age Areas (HPSA), Medically Underserved mation as the Secretary may require; and

VerDate Nov 24 2008 01:22 May 08, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.046 S07MYPT1 jbell on PROD1PC69 with SENATE May 7, 2009 CONGRESSIONAL RECORD — SENATE S5287

‘‘(C) with respect to any violation of the ‘‘(2) HIGH-PRIORITY POPULATION.—The term including with respect to findings and rec- agreement between the Secretary and the or- ‘high-priority population’ means— ommendations on disparities among the ganization, the organization will pay such ‘‘(A) a population in which there is a sig- States. liquidated damages as prescribed by the Sec- nificantly greater incidence than the na- SEC. 6. REPORTS. retary by regulation. tional average of— (a) TRANSMISSION.—The Secretary of ‘‘(5) APPLICATION.—The Secretary shall re- ‘‘(i) children who have serious emotional Health and Human Services shall transmit a quire that any application for a grant under disturbances; or report described in subsection (b) to Con- this subsection include a description of the ‘‘(ii) children who are racial, ethnic, or lin- gress— applicant’s experience working with para- guistic minorities; or (1) not later than 3 years after the date of professional child and adolescent mental ‘‘(B) a population consisting of individuals enactment of this Act; and health workers. living in a high-poverty urban or rural area. (2) not later than 5 years after the date of ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) MENTAL HEALTH SERVICE PROFES- enactment of this Act. There is authorized to be appropriated to SIONAL.—The term ‘mental health service (b) CONTENTS.—The reports transmitted to carry out this subsection $5,000,000 for each professional’ means an individual with a Congress under subsection (a) shall address of fiscal years 2010 through 2014. graduate or postgraduate degree from an ac- each of the following: ‘‘(e) CHILD AND ADOLESCENT MENTAL credited institution of higher education in (1) The effectiveness of the amendments HEALTH PROGRAM DEVELOPMENT GRANTS.— psychiatry, psychology, school psychology, made by, and the programs carried out ‘‘(1) ESTABLISHMENT.—The Secretary, act- behavioral pediatrics, psychiatric nursing, under, this Act in increasing the number of ing through the Administrator of the Health social work, school social work, marriage child and adolescent mental health service Resources and Services Administration, may and family counseling, school counseling, or professionals and paraprofessional child and establish a program to increase the number professional counseling.’’. adolescent mental health workers. of well-trained child and adolescent mental SEC. 4. AMENDMENTS TO SOCIAL SECURITY ACT (2) The demographics of the individuals health service professionals in the United TO IMPROVE CHILD AND ADOLES- served by such increased number of child and States by awarding grants on a competitive CENT MENTAL HEALTH CARE. adolescent mental health service profes- basis to accredited institutions of higher (a) INCREASING NUMBER OF CHILD AND ADO- sionals and paraprofessional child and ado- education to enable the institutions to es- LESCENT PSYCHIATRY RESIDENTS PERMITTED lescent mental health workers. tablish or expand accredited graduate child TO BE PAID UNDER THE MEDICARE GRADUATE and adolescent mental health programs. MEDICAL EDUCATION PROGRAM.—Section By Mr. REED: 1886(h)(4)(F) of the Social Security Act (42 ‘‘(2) PRIORITY.—In awarding grants under S. 1003. A bill to increase immuniza- this subsection, the Secretary shall give pri- U.S.C. 1395ww(h)(4)(F)) is amended by adding tion rates; to the Committee on at the end the following new clause: ority to applicants that— Health, Education, Labor, and Pen- ‘‘(iii) INCREASE ALLOWED FOR TRAINING IN ‘‘(A) demonstrate familiarity with the use sions. of evidence-based methods in child and ado- CHILD AND ADOLESCENT PSYCHIATRY.—In applying clause (i), there shall not be taken Mr. REED. Mr. President, today I in- lescent mental health services; troduce the Immunization Improve- ‘‘(B) provide experience in and collabora- into account such additional number of full- tion with community-based child and adoles- time equivalent residents in the field of ment Act of 2009. The recent outbreak cent mental health services; allopathic or osteopathic medicine who are of H1N1 influenza makes this legisla- ‘‘(C) have included normal child develop- residents or fellows in child and adolescent tion timelier than ever before. While a ment curricula; and psychiatry as the Secretary determines rea- vaccine has not yet been developed to ‘‘(D) demonstrate commitment to working sonable to meet the need for such physicians protect us against this flu strain, one with high-priority populations. as demonstrated by the 1999 report of the De- partment of Health and Human Services en- is currently in the works. This out- ‘‘(3) USE OF FUNDS.—Funds received as a titled ‘Mental Health: A Report of the Sur- break is a reminder of the important grant under this subsection may be used to role that immunizations provide in establish or expand any accredited graduate geon General’.’’. (b) EXTENSION OF MEDICARE BOARD ELIGI- child and adolescent mental health program protecting us against harmful or even BILITY PERIOD FOR RESIDENTS AND FELLOWS in any manner deemed appropriate by the deadly viruses, like the measles, polio, IN CHILD AND ADOLESCENT PSYCHIATRY.—Sec- Secretary, including by improving the course and seasonal human influenza. tion 1886(h)(5)(G) of the Social Security Act work, related field placements, or faculty of Vaccinations have been proven to be (42 U.S.C. 1395ww(h)(5)(G)) is amended— such program. (1) in clause (i), by striking ‘‘and (v)’’ and clinically effective in improving ‘‘(4) REQUIREMENTS.—The Secretary may inserting ‘‘(v), and (vi)’’; and health, and providing population-based award a grant to an accredited institution of (2) by adding at the end the following new immunity. Routine childhood immuni- higher education under this subsection only clause: zations, for example, prevent over 14 if the institution agrees that— ‘‘(vi) CHILD AND ADOLESCENT PSYCHIATRY ‘‘(A) any child and adolescent mental million individual cases of disease and TRAINING PROGRAMS.—In the case of an indi- health program assisted under the grant will over 33,500 deaths over the lifetime of vidual enrolled in a child and adolescent psy- prioritize cultural and linguistic com- children born in any given year. chiatry residency or fellowship program ap- petency; However, significant and persistent proved by the Secretary, the period of board ‘‘(B) the institution will provide to the eligibility and the initial residency period gaps in public and private health insur- Secretary such data, assurances, and infor- shall be the period of board eligibility for the ance coverage of immunizations re- mation as the Secretary may require; and specialty of general psychiatry, plus 2 years main. Approximately 11 percent of ‘‘(C) with respect to any violation of the for the subspecialty of child and adolescent young children and 21 percent of ado- agreement between the Secretary and the in- psychiatry.’’. lescents are underinsured for immuni- stitution, the institution will pay such liq- (c) EFFECTIVE DATE.—The amendments uidated damages as prescribed by the Sec- zations. Nearly 2/3 of adults are under- made by this section shall apply to residency insured for immunizations—17 percent retary by regulation. training years beginning on or after July 1, ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 2010. are uninsured. Each year, vaccine-pre- There is authorized to be appropriated to SEC. 5. CHILD MENTAL HEALTH PROFESSIONAL ventable diseases cause the deaths of carry out this subsection $15,000,000 for each REPORT. more than 42,000 people and hundreds of fiscal years 2010 through 2014. (a) STUDY.—The Administrator of the of thousands of cases of illness. ‘‘(f) DEFINITIONS.—In this section: Health Resources and Services Administra- Congress will soon embark upon ‘‘(1) SPECIALIZED TRAINING OR CLINICAL EX- tion (in this section referred to as the ‘‘Ad- meaningful health care reform. This PERIENCE IN CHILD AND ADOLESCENT MENTAL ministrator’’) shall study and make findings debate will provide the opportunity for HEALTH.—The term ‘specialized training or and recommendations on— us to eliminate the obstacles—lack of clinical experience in child and adolescent (1) the distribution and need for child men- mental health’ means training and clinical tal health service professionals, including insurance and high cost-sharing—to ac- experience that— with respect to specialty certifications, prac- cessing routine immunizations. We ‘‘(A) is part of or occurs after completion tice characteristics, professional licensure, must shift to a system that will make of an accredited graduate program in the racial and ethnic background, practice types, routine preventive care, like immuni- United States for training mental health locations, education, and training; and zations, affordable. service professionals; (2) a comparison of such distribution and In fact, it is in the best interest of ‘‘(B) consists of not less than 500 hours of need, including identification of disparities, Government and society to ensure cov- training or clinical experience in treating on a State-by-State basis. erage of routine vaccinations, as these children and adolescents; and (b) REPORT.—Not later than 2 years after ‘‘(C) is comprehensive, coordinated, devel- the date of enactment of this Act, the Ad- preventive vaccinations currently re- opmentally appropriate, and of high quality ministrator shall submit to the Congress and sult in an annual cost savings of $10 to address the unique ethnic and cultural di- make publicly available a report on the re- billion in direct medical costs and over versity of the United States population. sults of the study required by subsection (a), $40 billion in indirect societal costs.

VerDate Nov 24 2008 01:22 May 08, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.046 S07MYPT1 jbell on PROD1PC69 with SENATE S5288 CONGRESSIONAL RECORD — SENATE May 7, 2009 Expanding immunization coverage will There being no objection, the text of SEC. 3. STATE AUTHORITY TO PURCHASE REC- enhance these savings over the long the bill was ordered to be printed in OMMENDED VACCINES FOR ADULTS. Section 317 of the Public Health Service term. the RECORD, as follows: Act (42 U.S.C. 247b) is amended by adding at The Immunization Improvement Act S. 1003 would remove barriers to immuniza- the end the following: Be it enacted by the Senate and House of Rep- ‘‘(l) AUTHORITY TO PURCHASE RECOMMENDED tion. First, it would enable states to resentatives of the United States of America in VACCINES FOR ADULTS.— access routine vaccinations for adults Congress assembled, ‘‘(1) IN GENERAL.—The Secretary may nego- at a discount negotiated by the Federal SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tiate and enter into contracts with manufac- Government. Currently, 36 States and (a) SHORT TITLE.—This Act may be cited as turers of vaccines for the purchase and deliv- New York City are able to buy vaccines the ‘‘Immunization Improvement Act of ery of vaccines for adults otherwise provided using the Federal discount, but these 2009’’. vaccines under grants under this section. contracts are about to expire. The Im- (b) TABLE OF CONTENTS.—The table of con- ‘‘(2) STATE PURCHASE.—A State may obtain munization Improvement Act would tents for this Act is as follows: adult vaccines (subject to amounts specified to the Secretary by the State in advance of ensure that states can continue to pur- Sec. 1. Short title; table of contents. chase adult vaccines under CDC con- negotiations) through the purchase of vac- Sec. 2. Findings. cines from manufacturers at the applicable tracts. It would also provide for Med- Sec. 3. State authority to purchase rec- price negotiated by the Secretary under this icaid coverage of adult immunizations ommended vaccines for adults. subsection.’’. Sec. 4. Demonstration program to improve that are recommended for routine use SEC. 4. DEMONSTRATION PROGRAM TO IMPROVE and prohibit any cost-sharing for them. immunization coverage. IMMUNIZATION COVERAGE. Sec. 5. Reauthorization of immunization There are a host of routinely rec- Section 317 of the Public Health Service program. ommended vaccinations for the Medi- Act (42 U.S.C. 247b), as amended by section 3, care population, as well. Unfortu- Sec. 6. Inclusion of recommended immuniza- is further amended by adding at the end the nately, Medicare Part B only covers in- tions under part B of the Medi- following: care program with no bene- ‘‘(m) DEMONSTRATION PROGRAM TO IMPROVE fluenza, pneumonia, and hepatitis B ficiary cost-sharing. IMMUNIZATION COVERAGE.— vaccines. Medicare beneficiaries are el- Sec. 7. Medicaid coverage of recommended ‘‘(1) IN GENERAL.—The Secretary, acting igible for additional vaccines that are adult immunizations. covered by Part D, but few of these through the Director of the Centers for Dis- Sec. 8. Vaccine administration fees. ease Control and Prevention, shall establish vaccines are covered by prescription Sec. 9. Health insurance coverage for rec- a demonstration program to award grants to drug plans. Moreover, physicians have ommended immunizations. States to improve the provision of rec- difficulties billing plans for the in- Sec. 10. Immunization information systems. ommended immunizations for children, ado- curred costs. As such, the Medicare Sec. 11. Reports. lescents, and adults through the use of evi- Payment Advisory Commission, SEC. 2. FINDINGS. dence-based, population-based interventions MedPAC, has recommended that all Congress makes the following findings: for high-risk populations. immunizations recommended for rou- (1) Immunizations recommended for rou- ‘‘(2) STATE PLAN.—To be eligible for a grant tine use among the Medicare popu- tine use have been proven to be clinically ef- under paragraph (1), a State shall submit to lation be covered under Part B. The fective in improving health and preventing the Secretary an application at such time, in the spread of disease. Routine childhood im- such manner, and containing such informa- Immunization Improvement Act would munizations prevent over 14,000,000 cases of tion as the Secretary may require, including codify that recommendation. disease and over 33,500 deaths over the life- a State plan that describes the interventions Inadequate reimbursement for ad- time of children born in any given year. In to be implemented under the grant and how ministering immunizations also pre- addition to protecting individuals from dis- such interventions match with local needs vents children, adolescents, and adults ease, immunization provides population- and capabilities, as determined through con- from receiving necessary vaccinations. based (herd) immunity. sultation with local authorities. According to the National Vaccine Ad- (2) An economic evaluation of the impact ‘‘(3) USE OF FUNDS.—Funds received under a visory Committee, the Centers for of seven vaccines routinely given as part of grant under this subsection shall be used to Medicare and Medicaid Services, CMS, the childhood immunization schedule found implement interventions that are rec- that the vaccines are cost-effective. Over the ommended by the Task Force on Community and CDC should review and update the lifetime of children born in any given year, Preventive Services (as established by the maximum allowable fees for admin- these immunizations result in an annual cost Secretary, acting through the Director of istering routine vaccinations, and pub- savings of $10,000,000,000 in direct medical the Centers for Disease Control and Preven- lish and update the actual fees for vac- costs and over $40,000,000,000 in indirect soci- tion) or other evidence-based interventions, cination administration paid by each etal costs. including— State—in an effort to encourage con- (3) There are significant and persistent ‘‘(A) providing immunization reminders or sistency across state lines. This legis- gaps in public and private health insurance recalls for target populations of clients, pa- lation would also reimburse providers coverage of immunizations. About 11 percent tients, and consumers; for administering vaccines to children of young children and 21 percent of adoles- ‘‘(B) educating targeted populations and cents are underinsured for immunizations. health care providers concerning immuniza- who are eligible for vaccination Among adults, 59 percent are underinsured tions in combination with one or more other through the Vaccines for Children pro- and 17 percent are completely uninsured for interventions; gram, but not Medicaid. This would en- immunizations. According to the Institute of ‘‘(C) reducing out-of-pocket costs for fami- able both uninsured and underinsured Medicine, even those with insurance increas- lies for vaccines and their administration; children to become vaccinated in an ef- ingly have to pay higher deductibles and co- ‘‘(D) carrying out immunization-promoting fort to get all children vaccinated. payments for immunizations. strategies for participants or clients of pub- Finally, as we look to reform our (4) Each year, vaccine-preventable diseases lic programs, including assessments of im- health care system, we must also hold cause the deaths of more than 42,000 people munization status, referrals to health care private health insurers accountable for and hundreds of thousands cases of illness. providers, education, provision of on-site im- covering vaccinations recommended (5) In 2003, the Institute of Medicine’s Com- munizations, or incentives for immuniza- mittee on the Evaluation of Vaccine Pur- tion; for routine use—without any cost-shar- chase Financing made the following conclu- ‘‘(E) providing for home visits that pro- ing. The Immunization Improvement sions: mote immunization through education, as- Act would require this coverage upon (A) Current public and private financing sessments of need, referrals, provision of im- the enactment of health reform. strategies for immunization have had sub- munizations, or other services; Given the current circumstances, it stantial success, especially in improving im- ‘‘(F) providing reminders or recalls for im- is evident that vaccinations can and munization rates for young children. How- munization providers; truly do eradicate the spread of pre- ever, significant disparities remain in assur- ‘‘(G) conducting assessments of, and pro- ventable diseases. However, we must do ing access to recommended vaccines across viding feedback to, immunization providers; more to ensure comprehensive cov- geographic and demographic populations. or erage of immunizations. It is my hope (B) Many young children, adolescents, and ‘‘(H) any combination of one or more inter- high-risk adults have no or limited insurance ventions described in this paragraph. that my colleagues will join me in sup- for recommended vaccines. Gaps and frag- ‘‘(4) CONSIDERATION.—In awarding grants porting this legislation. mentation in insurance benefits create bar- under this subsection, the Secretary shall Mr. President, I ask unanimous con- riers for both vulnerable populations and cli- consider any reviews or recommendations of sent that the text of the bill be printed nicians that can contribute to lower immu- the Task Force on Community Preventive in the RECORD. nization rates. Services.

VerDate Nov 24 2008 01:22 May 08, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.025 S07MYPT1 jbell on PROD1PC69 with SENATE May 7, 2009 CONGRESSIONAL RECORD — SENATE S5289

‘‘(5) EVALUATION.—Not later than 3 years (b) PROHIBITION ON COST-SHARING.— with subsection (c)(2)(C) (not to exceed the after the date on which a State receives a (1) IN GENERAL.—Section 1916 of the Social amount applicable under clause (iv) of such grant under this subsection, the State shall Security Act (42 U.S.C. 1396o), as amended by subsection) to a federally vaccine-eligible submit to the Secretary an evaluation of section 5006(a)(1)(A) of division B of Public child who is described in clause (ii), (iii), or progress made toward improving immuniza- Law 111–5, is amended— (iv) of subsection (b)(2),’’ after ‘‘delivery to tion coverage rates among high-risk popu- (A) in subsection (a), by striking ‘‘and (j)’’ the provider,’’; lations within the State. and inserting ‘‘, (j), and (k)’’; and (B) in subsection (a)(2), by adding at the ‘‘(6) REPORT TO CONGRESS.—Not later than 4 (B) by adding at the end the following: end the following new subparagraph: years after the date of enactment of the Im- ‘‘(k) The State plan shall require that no ‘‘(d) REIMBURSEMENT FOR VACCINE ADMINIS- munization Improvement Act of 2009, the provider participating under the State plan TRATION FOR NON-MEDICAID ELIGIBLE CHIL- Secretary shall submit to Congress a report may impose a copayment, cost sharing DREN.—The Secretary shall pay each State concerning the effectiveness of the dem- charge, or similar charge for vaccines or such amounts as are necessary for the State onstration program established under this their administration that the State is re- to reimburse each program-registered pro- subsection together with recommendations quired to provide under sections vider in the State for an administration fee on whether to continue and expand such pro- 1902(a)(10)(A) and 1905(a)(4)(D).’’. imposed consistent with subsection (c)(2)(C) gram. (2) TECHNICAL AND CONFORMING AMEND- (not to exceed the amount applicable under ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— MENT.—The second sentence of section clause (iv) of such subsection) for the admin- There is authorized to be appropriated to 1916A(a)(1) of such Act (42 U.S.C. 1396o– istration of a qualified pediatric vaccine to a carry out this subsection, such sums as may 1(a)(1)) is amended by striking ‘‘or (i)’’ and federally vaccine-eligible child who is de- be necessary for each of fiscal years 2010 inserting ‘‘(i), (j), or (k)’’. scribed in clause (ii), (iii), or (iv) of sub- through 2014.’’. (c) ALLOWING FOR MEDICAID REBATES.—Sec- section (b)(2).’’; SEC. 5. REAUTHORIZATION OF IMMUNIZATION tion 1927(k)(2)(B) of such Act (42 U.S.C. 1396r– (C) in subsection (c)(2)(C), by adding at the PROGRAM. 8(k)(2)(B)) is amended by striking ‘‘, other end the following new clause: Section 317(j) of the Public Health Service than a vaccine’’ and inserting ‘‘(including ‘‘(IV) In the case of a federally vaccine-eli- Act (42 U.S.C. 247b(j)) is amended— vaccines described in section 1905(a)(4)(D) gible child who is described in clause (ii), (1) in paragraph (1), by striking ‘‘for each but excluding qualified pediatric vaccines (iii), or (iv) of subsection (b)(2), the State of the fiscal years 1998 through 2005’’; and under section 1928)’’. shall pay the provider an amount equal to (2) in paragraph (2), by striking ‘‘after Oc- (d) EFFECTIVE DATE.— the administration fee established under the tober 1, 1997,’’. (1) IN GENERAL.—Except as provided in State plan approved under this title for the SEC. 6. INCLUSION OF RECOMMENDED IMMUNI- paragraphs (2) and (3), the amendments made administration of a qualified pediatric vac- ZATIONS UNDER PART B OF THE by this section take effect on October 1, 2010. cine to a medicaid-eligible child.’’; and MEDICARE PROGRAM WITH NO BEN- (2) EXTENSION OF EFFECTIVE DATE FOR (D) by striking subsection (g). EFICIARY COST-SHARING. STATE LAW AMENDMENT.—In the case of a (2) CONFORMING AMENDMENTS.—Section 1928 (a) IN GENERAL.—Paragraph (10) of section State plan under title XIX of the Social Se- of such Act (42 U.S.C. 1396s), as amended by 1861(s) of the Social Security Act (42 U.S.C. curity Act (42 U.S.C. 1396 et seq.) which the paragraph (1), is amended— 1395x(s)) is amended to read as follows: Secretary of Health and Human Services de- (A) by redesignating subsection (h) as sub- ‘‘(10) vaccines recommended for routine termines requires State legislation in order section (g); use by the Advisory Committee on Immuni- for the plan to meet the additional require- (B) in subsection (a)(1)(A), by striking zation Practices (an advisory committee es- ments imposed by the amendments made by ‘‘(h)(8)’’ and inserting ‘‘(g)(8)’’; and tablished by the Secretary, acting through this section, the State plan shall not be re- (C) in subsection (b)(2)(A)(iv), by striking the Director of the Centers for Disease Con- garded as failing to comply with the require- ‘‘(h)(3)’’ and inserting ‘‘(g)(3)’’. trol and Prevention) and their administra- ments of such title solely on the basis of its tion;’’. SEC. 9. HEALTH INSURANCE COVERAGE FOR failure to meet these additional require- RECOMMENDED IMMUNIZATIONS. (b) CONFORMING AMENDMENTS.— ments before the first day of the first cal- (1) Section 1833 of the Social Security Act (a) AMENDMENTS TO THE PUBLIC HEALTH endar quarter beginning after the close of (42 U.S.C. 1395l) is amended, in each of sub- SERVICE ACT.— the first regular session of the State legisla- sections (a)(1)(B), (a)(2)(G), (a)(3)(A), (b)(1), (1) GROUP HEALTH COVERAGE.—Subpart 2 of ture that begins after the date of enactment by striking ‘‘1861(s)(10)(A)’’ or part A of title XXVII of the Public Health of this Act. For purposes of the previous sen- ‘‘1861(s)(10)(B)’’ and inserting ‘‘1861(s)(10)’’ Service Act (42 U.S.C. 300gg-4 et seq.) is tence, in the case of a State that has a 2-year each place it appears. amended by adding at the end the following: legislative session, each year of the session (2) Section 1842(o)(1)(A)(iv) of the Social ‘‘SEC. 2708. COVERAGE OF RECOMMENDED IMMU- is considered to be a separate regular session Security Act (42 U.S.C. 1395u(o)(1)(A)(iv)) is NIZATIONS. of the State legislature. amended by striking ‘‘subparagraph (A) or ‘‘A group health plan, and a health insur- (3) MEDICAID REBATES.—The amendment (B) of’’. ance issuer offering group health insurance made by subsection (c) takes effect on Octo- (3) Section 1847A(c)(6) of the Social Secu- coverage, shall provide for coverage, without ber 1, 2010, and applies to rebate agreements rity Act (42 U.S.C. 1395w–3a(c)(6)) is amended the application of deductibles, coinsurance, entered into under section 1927 of the Social by striking subparagraph (G). or copayments, of vaccines recommended for Security Act (42 U.S.C. 1396r–8) on or after (4) Section 1860D–2(e)(1) of the Social Secu- routine use by the Advisory Committee on that date. rity Act (42 U.S.C. 1395w–102(e)(1)) is amend- Immunization Practices (as established by ed by striking ‘‘a vaccine’’ and all that fol- SEC. 8. VACCINE ADMINISTRATION FEES. the Secretary, acting through the Director lows through ‘‘its administration) and’’. (a) REVIEW OF FEDERALLY ESTABLISHED of the Centers for Disease Control and Pre- (5) Section 1861(ww)(2)(A) of the Social Se- MAXIMUM ALLOWABLE ADMINISTRATIVE vention) and their administration.’’. curity Act (42 U.S.C. 1395x(ww)(2)(A))) is FEES.—Not later than October 1, 2010, the (2) INDIVIDUAL HEALTH INSURANCE COV- amended by striking ‘‘Pneumococcal, influ- Administrator of the Centers for Medicare & ERAGE.—Subpart 2 of part B of title XXVII of enza, and hepatitis B’’ and inserting ‘‘Any’’. Medicaid Services and the Director of the the Public Health Service Act (42 U.S.C. (6) Section 1866(a)(2)(A) of the Social Secu- Centers for Disease Control and Prevention, 300gg-51 et seq.) is amended by adding at the rity Act (42 U.S.C. 1395cc(a)(2)(A)) is amended jointly shall— end the following: by striking ‘‘1861(s)(10)(A)’’ and inserting (1) review the regional maximum charge ‘‘SEC. 2754. COVERAGE OF RECOMMENDED IMMU- ‘‘1861(s)(10)’’. for vaccine administration for each State es- NIZATIONS. (c) EFFECTIVE DATE.—The amendments tablished under the Vaccines for Children ‘‘The provisions of section 2708 shall apply made by this section shall apply to vaccines program under section 1928 of the Social Se- to health insurance coverage offered by a administered on or after January 1, 2010. curity Act (42 U.S.C. 1396s) to determine the health insurance issuer in the individual SEC. 7. MEDICAID COVERAGE OF RECOMMENDED appropriateness and adequacy of such rates; market in the same manner as such provi- ADULT IMMUNIZATIONS. and sions apply to health insurance coverage of- (a) MANDATORY COVERAGE OF REC- (2) update such rates, as appropriate, based fered by a health insurance issuer in connec- OMMENDED IMMUNIZATIONS FOR ADULTS.—Sec- on the results of such review and taking into tion with a group health plan in the small or tion 1905(a)(4) of the Social Security Act (42 account all appropriate costs related to the large group market.’’. U.S.C. 1396d(a)(4)) is amended— administration of vaccines under that pro- (b) AMENDMENTS TO ERISA.— (1) by striking ‘‘and’’ before ‘‘(C)’’; and gram. (1) IN GENERAL.—Subpart B of part 7 of sub- (2) by inserting after the semicolon the fol- (b) FEDERAL REIMBURSEMENT FOR VACCINE title B of title I of the Employee Retirement lowing: ‘‘and (D) with respect to an adult in- ADMINISTRATION FOR NON-MEDICAID VACCINE- Income Security Act of 1974 is amended by dividual, vaccines recommended for routine ELIGIBLE CHILDREN.— adding at the end the following: use by the Advisory Committee on Immuni- (1) IN GENERAL.—Section 1928 of the Social ‘‘SEC. 715. COVERAGE OF RECOMMENDED IMMU- zation Practices (an advisory committee es- Security Act (42 U.S.C. 1396s) is amended— NIZATIONS. tablished by the Secretary, acting through (A) in subsection (a)(1)(B), by inserting ‘‘A group health plan, and a health insur- the Director of the Centers for Disease Con- ‘‘and is entitled to receive reimbursement ance issuer offering group health insurance trol and Prevention) and their administra- for any fee imposed by the provider for the coverage, shall provide for coverage, without tion;’’. administration of such vaccine consistent the application of deductibles, coinsurance,

VerDate Nov 24 2008 01:22 May 08, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.048 S07MYPT1 jbell on PROD1PC69 with SENATE S5290 CONGRESSIONAL RECORD — SENATE May 7, 2009 or copayments, of vaccines recommended for ‘‘(G) ensure the privacy, confidentiality, over the recent bonuses given to em- routine use by the Advisory Committee on and security of all data and data exchanges ployees of the group within AIG that Immunization Practices (as established by with such systems.’’. led to that company’s collapse. Amer- the Secretary, acting through the Director (b) STATE GRANTS.—Section 3013(d) of the of the Centers for Disease Control and Pre- Public Health Service Act (as added by sec- ican taxpayers have provided $185 bil- vention) and their administration.’’. tion 13301 of the American Recovery and Re- lion—and counting—to save a firm that (2) TECHNICAL AMENDMENTS.— investment Act of 2009) is amended— has been deemed ‘‘too interconnected (A) Section 732(a) of such Act (29 U.S.C. (1) in paragraph (9), by striking ‘‘and’’ at to fail.’’ 1191a(a)) is amended by striking ‘‘section the end; It is unacceptable that millions of 711’’ and inserting ‘‘sections 711 and 715’’. (2) by redesignating paragraph (10) as para- those taxpayer dollars have been hand- (B) The table of contents in section 1 of graph (11); and ed over to some of the executives who such Act is amended by inserting after the (3) by inserting after paragraph (9), the fol- item relating to section 713 the following lowing: caused this disaster in the first place. new item: ‘‘(10) improving and expanding immuniza- If there is a constitutional way to re- ‘‘Sec. 715. Coverage of recommended immu- tion information systems (as defined in sec- claim those bonuses, I support it. nizations.’’. tion 3000); and’’. But it is important to remember that (c) INTERNAL REVENUE CODE AMEND- (c) DEFINITION.—Section 3000 of the Public executive compensation practices have MENTS.— Health Service Act (as added by section 13301 been out of control for many years. (1) IN GENERAL.—Subchapter B of chapter of the American Recovery and Reinvestment Act of 2009) is amended— While the wages and benefits of middle 100 of the Internal Revenue Code of 1986 is class workers have stagnated, CEO amended— (1) by redesignating paragraphs (9) through (A) in the table of sections, by inserting (14) as paragraphs (10) through (15), respec- compensation has exploded. after the item relating to section 9813 the tively; and According to the Economic Policy In- following new item: (2) by inserting after paragraph (8), the fol- stitute’s ‘‘State of Working America,’’ ‘‘Sec. 9814. Coverage of recommended immu- lowing: in 1965 U.S. CEOs at major companies nizations.’’; ‘‘(9) IMMUNIZATION INFORMATION SYSTEM.— made 24 times the pay of an average and The term ‘immunization information sys- worker. By 2005, CEOs earned 262 times (B) by inserting after section 9813 the fol- tem’ means an immunization registry or a confidential, population-based, computerized the pay of an average worker. lowing: The comparison between CEOs and ‘‘SEC. 9814. COVERAGE OF RECOMMENDED IMMU- information system that collects vaccina- NIZATIONS. tion data within a geographic area, consoli- minimum wage workers is even ‘‘A group health plan, and a health insur- dates vaccination records from multiple starker. In 1965 U.S. CEOs at major ance issuer offering group health insurance health care providers, generates reminder companies made 51 times the pay of coverage, shall provide for coverage, without and recall notifications, and is capable of ex- workers earning the minimum wage. the application of deductibles, coinsurance, changing immunization information with By 2005, CEOs earned 821 times the pay health care providers.’’. or copayments, of vaccines recommended for of workers earning the minimum wage. routine use by the Advisory Committee on SEC. 11. REPORTS. Immunization Practices (as established by (a) COSTS OF PUBLIC AND PRIVATE VACCINE These comparisons are important not the Secretary, acting through the Director ADMINISTRATION.—Not later than 5 years because they could be used to incite of the Centers for Disease Control and Pre- after the date of enactment of this Act, and calls for class warfare, but because the vention) and their administration.’’. every 5 years thereafter, the Director of the American people deserve an honest ac- (d) EXCEPTION FOR COLLECTIVE BARGAINING Centers for Disease Control and Prevention counting of the activities of the cor- AGREEMENTS.—Nothing in this section shall jointly with the Administrator of the Cen- porations that touch their lives in so be construed to preempt any provision of a ters for Medicare & Medicaid Services shall collective bargaining agreement that is in collect and publish data relating to the costs many ways. Every American deserves effect on the date of enactment of this sec- associated with public and private vaccine an honest wage for honest work. And tion. administration, including the costs associ- every American, from the top of the (e) EFFECTIVE DATE.—The amendments ated with the delivery of vaccines, activities corporate ladder to the bottom, de- made by this section shall apply to plan such as reporting data to immunization reg- serves to know whether they are being years beginning with the first plan year dur- istries, and maintenance of appropriate stor- ing which the Congressional Budget Office compensated fairly—whether they are age requirements for vaccines. sharing in the rewards of the com- determines that any health reform legisla- (b) SECTION 317 IMMUNIZATION PROGRAM.— tion enacted by Congress will provide health Not later than February 1, 2010, and each pany’s work or whether their labors are insurance coverage to 95 percent or more of February 1 thereafter, the Director of the mainly fueling ever more extravagant the population of the United States. Centers for Disease Control and Prevention pay for the top executives. SEC. 10. IMMUNIZATION INFORMATION SYSTEMS. shall submit to Congress a report concerning We have lost the balance we once had (a) HEALTH INFORMATION TECHNOLOGY IN- the size and scope of the appropriations in America. Executive pay has soared, FRASTRUCTURE.—Section 3011(a) of the Public needed for each fiscal year for vaccine pur- while pay for many s has not even kept Health Service Act (as added by section 13301 chases, vaccination infrastructure, vaccine of the American Recovery and Reinvestment pace with their productivity increases. administration, and vaccine safety under It’s not surprising that there is wide- Act of 2009) is amended by adding at the end section 317 of the Public Health Service Act the following: (42 U.S.C. 247b). spread fury when CEOs get it wrong. ‘‘(8) Improvement and expansion of immu- (c) ANNUAL PUBLICATION OF STATE-ESTAB- After all, they have a hand in setting nization information systems (as defined in LISHED ADMINISTRATIVE FEES UNDER MED- their own salaries. But recently, the section 3000), including activities to— ICAID.—Beginning October 1, 2009, and annu- anger of the average American worker ‘‘(A) support the integration and linkage of ally thereafter, the Administrator of the has boiled over because so many CEOs such systems with electronic birth records, Centers for Medicare & Medicaid Services health care providers, other preventive have gotten it so wrong. That outcome and the Director of the Centers for Disease is not healthy for our economy, and health services information systems, and Control and Prevention, jointly shall make health information exchanges; publicly available the administrative fee es- it’s not healthy for our society. ‘‘(B) support interstate data exchange; tablished under each State Medicaid pro- If companies want to pay their execu- ‘‘(C) ensure that such systems are inter- gram for administering a qualified pediatric tives handsomely for excellent per- operable with electronic health record sys- vaccine to a vaccine-eligible child under the formance, they should be able to do tems; Vaccines for Children program under section that. They should be able to compete ‘‘(D) provide technical support, such as 1928 of the Social Security Act (42 U.S.C. training, data reporting, data quality and for top talent. But the shareholders 1396s) with the State and Federal contribu- should be looking over their shoulders completeness review, and decision support, tion for such fee separately identified. to immunization providers to integrate the as they adopt excessive pay structures, use of such systems; By Mr. DURBIN: and the taxpayers shouldn’t be sub- ‘‘(E) develop, in consultation with manu- S. 1006. A bill to require a super- sidizing the resulting income dispari- facturers, vendors, and specialty professional majority shareholder vote to approve ties. organizations, continuing education mate- excessive compensation of any em- To restore some balance, the share- rials relating to the use of such systems; holders of a corporation should have to ‘‘(F) ensure that such systems can provide ployee of a publicly-traded company; complete and accurate data to monitor im- to the Committee on Banking, Hous- approve lucrative compensation pack- munization coverage, uptake, and the impact ing, and Urban Affairs. ages. And, the companies shouldn’t re- of shortages in the population served within Mr. DURBIN. Mr. President, Ameri- ceive a tax deduction for handing out their jurisdiction; and cans have every right to be outraged excessive pay.

VerDate Nov 24 2008 01:22 May 08, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.048 S07MYPT1 jbell on PROD1PC69 with SENATE May 7, 2009 CONGRESSIONAL RECORD — SENATE S5291 That is why today I am introducing pany’s compensation packages reach Mr. DURBIN. Mr. President, I ask two bills—the Excessive Pay Share- extreme levels. unanimous consent that the text of the holder Approval Act S. 1006, and the I urge my colleagues to support both bill be printed in the RECORD. Excessive Pay Capped Deduction Act, bills. There being no objection, the text of S. 1007. Mr. President, I ask unanimous con- the bill was ordered to be printed in The Excessive Pay Shareholder Ap- sent that the text of the bill be printed the RECORD, as follows: proval Act would require a super- in the RECORD. S. 1007 majority—60 percent—vote of the There being no objection, the text of Be it enacted by the Senate and House of Rep- shareholders to approve a compensa- the bill was ordered to be printed in resentatives of the United States of America in tion structure in which any employee the RECORD, as follows: Congress assembled, receives more than 100 times more than S. 1006 SECTION 1. SHORT TITLE. the average employee of that company. Be it enacted by the Senate and House of Rep- This Act may be cited as the ‘‘Excessive Corporations could pay executives resentatives of the United States of America in Pay Capped Deduction Act of 2009’’. Congress assembled, whatever they think is appropriate, SEC. 2. DENIAL OF DEDUCTION FOR PAYMENTS SECTION 1. SHORT TITLE. OF EXCESSIVE COMPENSATION. but shareholders would have to OK This Act may be cited as the ‘‘Excessive (a) IN GENERAL.—Section 162 of the Inter- packages that are 100 times as large as Pay Shareholder Approval Act’’. nal Revenue Code of 1986 is amended by in- the average worker earns. This bill SEC. 2. AMENDMENT TO THE SECURITIES EX- serting after subsection (h) the following would require greater transparency in CHANGE ACT OF 1934. new subsection: compensation and would encourage (a) IN GENERAL.—Section 16 of the Securi- ‘‘(i) EXCESSIVE COMPENSATION.— companies to think about how they ties Exchange Act of 1934 (15 U.S.C. 78n) is ‘‘(1) IN GENERAL.—No deduction shall be al- pay their lower-paid workers, not just amended by adding at the end the following lowed under this chapter for any excessive new subsection: compensation for any employee of the tax- how they reward the people at the top. ‘‘(h) ANNUAL SHAREHOLDER APPROVAL OF payer. Similarly, the Excessive Pay Capped EXECUTIVE COMPENSATION.— ‘‘(2) EXCESSIVE COMPENSATION.—For pur- Deduction Act would limit the normal ‘‘(1) IN GENERAL.—The compensation for an poses of this subsection, the term ‘excessive tax deduction for compensation for ex- employee of an issuer in any single taxable compensation’ means, with respect to any ecutives to 100 times the compensation year may not exceed an amount equal to 100 employee, the amount by which the com- of the average worker at that com- times the average compensation for services pensation for services performed by such em- pany. Again, corporations could pay performed by all employees of that issuer ployee during the taxable year exceeds the during such taxable year, unless not fewer amount which is equal to 100 times the executives whatever they decide is ap- than 60 percent of the shareholders have propriate, but they could not claim amount of the average compensation for voted to approve such compensation services performed by all employees of the limitless tax benefits for doing so. This (through a proxy or consent or authorization taxpayer during the taxable year. bill also would encourage companies to for an annual or other meeting of the share- ‘‘(3) OTHER DEFINITIONS AND SPECIAL look at their entire compensation holders, occurring within the preceding 18 RULES.— structure, and it would protect tax- months). ‘‘(A) COMPENSATION.— payers. ‘‘(2) PROXY CONTENTS.—Proxy materials for ‘‘(i) IN GENERAL.—For purposes of this sub- Here is an example. If the average a shareholder vote required by paragraph (1) section, the term ‘compensation’ includes worker at a company earned, including shall include— wages, salary, fees, commissions, fringe ben- ‘‘(A) the amount of compensation paid to wages, paid leave, supplemental pay, efits, deferred compensation, retirement con- the lowest paid employee of the issuer; tributions, options, bonuses, property, and and retirement, the same amount as ‘‘(B) the amount of compensation paid to any other form of remuneration that the the average worker nationwide in De- the highest paid employee of the issuer; Secretary determines is appropriate. cember of 2008, that worker would have ‘‘(C) the average amount of compensation ‘‘(ii) PART-TIME AND PART-YEAR EMPLOY- earned around $50,000. At that com- paid to all employees of the issuer; EES.—In the case of any employee which is a pany, a supermajority of shareholders ‘‘(D) the number of employees of the issuer part-time employee of the taxpayer or which would be required to approve pay pack- who are paid more than 100 times the aver- is not employed by the taxpayer for a full ages larger than $5 million and that age amount of compensation for all employ- taxable year, the compensation of such em- ees of the issuer; and company could not deduct compensa- ployee shall be calculated for purposes of ‘‘(E) the total amount of compensation this subparagraph on an annualized basis. tion in excess of $5 million. paid to employees who are paid more than ‘‘(B) EMPLOYER.—All persons treated as a How many companies would this af- 100 times the average amount of compensa- single employer under subsection (a) or (b) of fect? According to the research firm tion for all employees of the issuer. section 52 or subsection (m) or (o) of section The Corporate Library, in 2007 the me- ‘‘(3) DEFINITION OF COMPENSATION.— 414 shall be treated as a single taxpayer for dian compensation for CEOs of S&P 500 ‘‘(A) IN GENERAL.—For purposes of this sub- purposes of this subsection. companies was $8.8 million. Therefore, section, the term ‘compensation’ includes ‘‘(4) REPORTING.—Each employer that pro- if these companies are only paying av- wages, salary, fees, commissions, fringe ben- vides any excessive compensation to any em- erage wages across the rest of the com- efits, deferred compensation, retirement con- ployee during a taxable year shall file a re- tributions, options, bonuses, property, and pany, many of them would be affected port with the Secretary with respect to such any other form of remuneration that the taxable year including— by this legislation. Many would not. Commission determines is appropriate, in ‘‘(A) the amount of compensation of the From our founding, this country has consultation with the Secretary of the employee of the taxpayer receiving the low- benefitted from a sense of unity and Treasury. est amount of compensation during such tax- balance that has brought Americans ‘‘(B) PART-TIME AND PART-YEAR EMPLOY- able year, together in good times and in bad. If EES.—In the case of any employee which is a ‘‘(B) the amount of compensation of the the rewards handed out by our leading part-time employee of the issuer, or which is employee of the taxpayer receiving the high- corporations flow excessively to the not employed by the issuer for a full taxable est amount of compensation during such tax- year, the compensation of such employee able year, very wealthy while leaving middle- shall be calculated for purposes of this sub- class families behind, we risk losing ‘‘(C) the average compensation of all em- section on an annualized basis.’’. ployees of the taxpayer during such taxable that sense of common purpose. The up- (b) DEADLINE FOR RULEMAKING.—Not later year, roar over AIG bonuses showed very than 1 year after the date of enactment of ‘‘(D) the number of employees of the tax- clearly the corrosive effects of com- this Act, the Securities and Exchange Com- payer who are receiving compensation that pensation packages that appear to be mission shall issue any final rules and regu- is more than 100 times the average com- disconnected from the reality that the lations required to carry out section 16(h) of pensation of all employees of the taxpayer the Securities Exchange Act of 1934, as added during such taxable year, and average family faces day in and day by this section. out. ‘‘(E) the amounts of compensation of the The two bills I am introducing today employees described in subparagraph (D) By Mr. DURBIN: during such taxable year. would help to restore some of the bal- S. 1007. A bill to amend the Internal ance we have lost, by ensuring greater Revenue Code of 1986 to deny a deduc- Such report shall be filed at such time and in such manner as the Secretary may require.’’. accountability for the disparities in tion for excessive compensation of any (b) EFFECTIVE DATE.—The amendment compensation for corporate leaders and employee of an employer; to the Com- made by this section shall apply to taxable the average workers they employ, and mittee on Banking, Housing, and years beginning after the date of the enact- by protecting taxpayers when a com- Urban Affairs. ment of this Act.

VerDate Nov 24 2008 01:22 May 08, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.049 S07MYPT1 jbell on PROD1PC69 with SENATE S5292 CONGRESSIONAL RECORD — SENATE May 7, 2009 By Mrs. SHAHEEN (for herself, ly payment plan. Sgt. Merritt did not nizations like the Veterans of Foreign Mr. GREGG, and Mr. KOHL): ask for the amount to be forgiven, but Wars, VFW, and the Military Officers S. 1008. A bill to amend title 10, simply asked DOD to be flexible and Association of America, MOAA. United States Code, to limit require- work out a payment plan that he could I want to thank Senator GREGG for ments of separation pay, special sepa- afford. DOD told him that there was his support of this important, common ration benefits, and voluntary separa- nothing it could do to help, citing a sense legislation. I also want to thank tion incentive from members of the statute that tied its hands. my fellow New Hampshire delegation Armed Forces subsequently receiving On behalf of Sgt. Merritt, I contacted member, CAROL SHEA-PORTER, for in- retired or retainer pay; to the Com- DOD and spoke to Undersecretary Rob- troducing companion legislation in the mittee on Armed Services. ert Hale. He told me that DOD doesn’t House. I urge my colleagues to join me Mrs. SHAHEEN. Mr. President, I rise have a choice—it must recoup over half in addressing these important issues. today to introduce the Military Retire- of his income because the formula in Mr. President, I ask unanimous con- ment Pay Fairness Act of 2009. I want the statute dictates the rate. The resent that the text of the bill be printed to thank my colleague, Senator GREGG, sult is that Sgt. Merritt, and over 1,000 in the RECORD. for cosponsoring this important legis- veterans in similar situations across There being no objection, the text of lation. the country, face financial hardship as the bill was ordered to be printed in The Military Retirement Pay Fair- a result of an unfair rule. As each the RECORD, as follows: ness Act addresses a critical issue that month goes by, DOD has to garnish S. 1008 impacts our nation’s veterans. Certain over half of Sgt. Merritt’s pension pay- Be it enacted by the Senate and House of Rep- service members who receive special ments. resentatives of the United States of America in separation pay must have that benefit I do not believe that Congress in- Congress assembled, recouped if they later re-enlist and be- tends to treat our Nation’s veterans SECTION 1. SHORT TITLE. come eligible for a pension. Under cur- this way. That is why I am introducing This Act may be cited as the ‘‘Military Re- rent law, the Department of Defense, legislation today that would provide a tired Pay Fairness Act of 2009’’. DOD, is bound by a statutory formula simple and straightforward solution. SEC. 2. LIMITATIONS ON RECOUPMENT OF SEPA- for recouping that benefit and cannot Instead of an unnecessarily harsh for- RATION PAY, SPECIAL SEPARATION change the amount it recoups each BENEFITS, AND VOLUNTARY SEPA- mula, our bill will provide DOD with RATION INCENTIVE FROM MEMBERS month, even if it results in severe fi- the flexibility it needs to develop man- SUBSEQUENTLY RECEIVING RE- nancial hardship for our nation’s vet- ageable monthly payment plans that TIRED OR RETAINER PAY. erans. In fact, many veterans are cur- do not impose undue financial hardship (a) SEPARATION PAY AND SPECIAL SEPARA- rently in dire financial straits because on service members. In addition, DOD TION BENEFITS.—Section 1174(h)(1) of title 10, of this unnecessarily harsh formula. would be required to consult with the United States Code, is amended— This legislation will fix the formula (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; service member to create a monthly (2) in subparagraph (A), as so designated, and provide these veterans with much payment plan, taking into account a by striking ‘‘so much of such pay as is based needed financial relief. veteran’s financial situation when de- on the service for which he received separa- I would like to talk about one par- termining how much should be re- tion pay under this section or separation ticular veteran who brought this issue couped each month. To make sure pay, severance pay, or readjustment pay to my attention. Sgt. Wayne Merritt of these payment plans are manageable, under any other provision of law’’ and insert- Dover, New Hampshire served in the DOD would only be able to recoup, at ing ‘‘an amount, in such schedule of monthly Air Force for nearly 14 years until the the most, 25 percent of the veteran’s installments as the Secretary of Defense end of the Cold War, when the Defense shall specify taking into account the finan- monthly pension check until the ben- cial ability of the member to pay and avoid- Department began to draw down its efit is repaid. ing the imposition of undue financial hard- forces. At DOD’s encouragement, Mr. This legislation would also address ship on the member and member’s depend- Merritt took a one-time Special Sepa- other problems with pension ents,’’; and ration Benefit, and then started work- recoupment. (3) by adding at the end the following new ing in the private sector. It would provide service members subparagraphs: But in 1996, Sgt. Merritt decided to with adequate notice of the ‘‘(B) The amount deducted under subpara- serve his country once again, joining recoupment so that they have time to graph (A) from a payment of retired or re- the New Hampshire Air National prepare for the loss of income. Sgt. tainer pay may not exceed 25 percent of the amount of the member’s retired or retainer Guard. When Sgt. Merritt retired in Merritt received his letter just weeks pay for that month unless the member re- 2006, he became eligible for a pension before DOD garnished over half of his quests or consents to deductions at an accel- that provided him and his family with pension pay. This legislation ensures erated rate. The Secretary concerned shall enough to help pay the bills, especially that service members have at least 90 consult with the member regarding the re- his monthly mortgage payments. days notice before recoupment begins. payment rate to be imposed, taking into ac- However, just a couple of months Finally, the legislation would also count the financial ability of the member to ago, Sgt. Merritt had his life turned give the Secretary of Defense the flexi- pay and avoiding the imposition of an undue upside down when he got a letter in the bility to ensure that no veteran will be hardship on the member and the member’s dependents. mail from the Defense Department. left destitute from this recoupment. ‘‘(C) The deduction of amounts from the re- The letter said that, within a few We need to recognize that financial cir- tired or retainer pay of a member under this weeks, DOD would begin recouping his cumstances change over time. If re- paragraph may not commence until the date separation benefit by withholding more couping the benefit would cause a se- that is 90 days after the date on which the than half of his pension each month vere financial hardship, the Secretary Secretary concerned notifies the member of until the full amount is paid back. of Defense should be able to waive that the deduction of such amounts under this Sgt. Merritt was shocked. He planned amount. paragraph. Any notice under this subpara- his family budget around a pension This legislation is critical. Each graph shall be designed to provide clear and payment he had been receiving each month, over 1,000 veterans face cir- comprehensive information on the deduction of amounts under this paragraph, including month for nearly 2 years, only to get a cumstances similar to Sgt. Merritt’s. information on the determination of the letter saying that, in a few weeks, it Undersecretary Robert Hale told me amount and period of installments under would be reduced by more than half. that while he sympathizes with these this paragraph. Sgt. Merritt suddenly found himself in veterans, he has no legal recourse to ‘‘(D) The Secretary concerned may waive a position where he couldn’t make ends change the amount it recoups every the deduction of amounts from the retired or meet and make his mortgage pay- month. This legislation provides DOD retainer pay of a member under this para- ments. In fact, he was so concerned with the flexibility it needs to ensure graph if the Secretary determines that de- that he contacted a real estate agent that we do not punish veterans who duction of such amounts would result in a financial hardship for the member.’’. to talk about selling his home. have made the courageous decision to (b) VOLUNTARY SEPARATION INCENTIVE.— Sgt. Merritt contacted DOD, asking serve their country again. Section 1175(e)(3) of such title is amended— if there was anything that could be I’m glad that this effort has the sup- (1) in subparagraph (A), by striking ‘‘so done to work out a manageable month- port of DOD, as well as veterans orga- much of such pay as is based on the service

VerDate Nov 24 2008 01:22 May 08, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.052 S07MYPT1 jbell on PROD1PC69 with SENATE May 7, 2009 CONGRESSIONAL RECORD — SENATE S5293 for which he received the voluntary separa- It took the tragic events of 9–11 to we have the infrastructure in place to tion incentive’’ and inserting ‘‘an amount, in bring attention to our shortage of for- prevent catastrophic events—or at such schedule of monthly installments as the eign language speakers. Many of you least be prepared to respond to them. Secretary of Defense shall specify taking know about the emergency call for lin- To this end, there needs to be one per- into account the financial ability of the member to pay and avoiding the imposition guists following the attacks. Unfortu- son in the Executive Branch who will of undue financial hardship on the member nately, this was not surprising. The lead the cross-agency efforts to better and member’s dependents,’’; fact that only 9.3 percent of all Ameri- understand America’s language needs (2) by redesignating subparagraph (B) as cans speak both their native languages for the next 5, 15, or 20 years, and to subparagraph (C); and another language fluently, com- figure out how to address those needs. (3) by inserting after subparagraph (A) the pared with 56 percent of people in the This leadership must be comprehen- following new subparagraph: European Union, is cause for alarm. sive, as no one sector—Government, in- ‘‘(B) The amount deducted under subpara- Our national security continues to be dustry, or academia—has all of the graph (A) from a payment of retired or retainer pay may not exceed 25 percent of the at risk without enough foreign lan- needs for language and cultural com- amount of the member’s retired or retainer guage proficient individuals. Counter- petency, or all of the solutions. pay for that month unless the member re- terrorism intelligence will go The Bush administration’s National quests or consents to deductions at an accel- untranslated, or be so late as to lose its Security Language Initiative was a erated rate. The Secretary concerned shall usefulness, if we do not have more for- good first step at coordinating efforts consult with the member regarding the re- eign language experts. Foreign lan- among the Intelligence Directorate and payment rate to be imposed, taking into ac- guage skills are also vitally important the Departments of Defense, Edu- count the financial ability of the member to cation, and State to address our na- pay and avoiding the imposition of an undue to preserve the economic competitive- hardship on the member and the member’s ness of the U.S. Globalization forces tional security language needs. How- dependents.’’; and some Americans to compete for jobs in ever, we must ensure that this effort (4) by adding at the end the following new a marketplace no longer limited by will continue, bring in the advice of all subparagraphs: borders. According to the Committee Federal agencies and stakeholders, and ‘‘(D) The deduction of amounts from the for Economic Development, the lack of address our economic security needs. retired or retainer pay of a member under foreign language skills and inter- The legislation we introduce today this paragraph may not commence until the would set us on the right course by im- date that is 90 days after the date on which national knowledge results in embar- the Secretary concerned notifies the member rassing and costly cultural blunders for plementing a key recommendation of of the deduction of such amounts under this companies. In fact, the Committee re- the 2004 Department of Defense, DOD, paragraph. Any notice under this subpara- ports that American companies lose an National Language Conference and graph shall be designed to provide clear and estimated $2 billion a year due to inad- echoed by Department of Defense spon- comprehensive information on the deduction equate cultural understanding. sored State language roadmap summits of amounts under this paragraph, including Many of the Federal Government’s which is to establish a National For- information on the determination of the efforts to address language needs in the eign Language Coordination Council, amount and period of installments under this paragraph. U.S. over the past 40 years have come chaired by a National Language Advi- ‘‘(E) The Secretary concerned may waive in reaction to international events. We sor. An integrated foreign language the deduction of amounts from the retired or do not have a proactive policy. strategy and sustained leadership with- retainer pay of a member under this para- In 1958, the National Defense Edu- in the Federal Government is needed to graph if the Secretary determines that de- cation Act was passed in response to address the lack of foreign language duction of such amounts would result in a fi- the Soviet Union’s first space launch. proficient speakers in government, nancial hardship for the member.’’. We were determined to win the space academia and the private sector. Just (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on the race and make certain that the U.S. as I have advocated the need for deputy first day of the first month beginning on or never came up short again in math, secretaries for management at the De- after the date of the enactment of this Act science, technology, or foreign lan- partments of Defense and Homeland and apply to deductions made from the re- guages. That act was a great success, Security to direct and sustain manage- tired or retainer pay of members of the uni- but in the late 70s its foreign language ment leadership, I envision a National formed services for that month and subse- programs merged into larger education Language Advisor to be responsible for quent months. reform measures and lost their promi- maintaining and leading a cooperative By Mr. AKAKA (for himself, Mr. nence. The results are clear. In 1979, effort to strengthen our foreign lan- COCHRAN, Mr. DODD, and Mr. the President’s Commission on Foreign guage capabilities. Without such a co- DURBIN): Language and International Studies ordinated strategy in the world in S. 1010. A bill to establish a National said that ‘‘Americans’ incompetence in which we live, I fear that the country’s Foreign Language Coordinator Council; foreign languages is nothing short of national and economic security will be to the Committee on Health, Edu- scandalous, and it is becoming worse.’’ at greater risk. cation, Labor, and Pensions. After 9–11, Congress and the adminis- Specifically, our bill ensures that the Mr. AKAKA. Mr. President, I am tration once again took action to ad- key recommendations of the DOD Na- pleased to reintroduce the National dress language shortfalls, but I fear tional Language Conference be imple- Foreign Language Coordination Act that these efforts will prove to be only mented by having strong leadership with my colleagues Senators COCHRAN, a band-aid and not a complete cure to that will develop policies and programs DODD, and DURBIN. Through sustained the Nation’s recurring foreign language that build the Nation’s language and leadership and a coordinated plan of needs. Despite the administration’s ef- cultural understanding capability; en- action, our bill aims to increase the forts to implement new programs and gage Federal, State, and local agencies number of individuals with foreign lan- policies to address our language short- and the private sector in solutions; de- guage skills and cultural under- falls, I fear that without sustained velop language skills in a wide range of standing. leadership and a coordinated effort critical languages; strengthen our edu- Globalization has made the world among all Federal agencies, state and cation system, programs, and tools in smaller and Americans must be better local governments, the private sector, foreign languages and cultures; and, in- equipped, with language skills and cul- and academia, we will remain where we tegrate language training into career tural knowledge, not only to survive in are today: scrambling to find linguists fields and increasing the number of it, but to prosper. Whether it is: com- after another major international language professionals. peting on the world market to provide event. We must be prepared to avoid To strengthen the role of the U.S. in goods and services, cross cultural ex- another 9–11 type shortage. the world, our country must ensure changes between educators and busi- Together we must commit to build that there are sufficient numbers of in- ness people of different countries, or and maintain language expertise and dividuals who are proficient in lan- allied military or diplomatic oper- relationships with people from all guages other than English. Increasing ations to make the world more secure across the world—whether or not the foreign language skills enhances na- and peaceful, all of these efforts re- languages they speak are considered tional security and economic pros- quire communication to succeed. critical at the time—and to ensure that perity.

VerDate Nov 24 2008 02:28 May 08, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.053 S07MYPT1 jbell on PROD1PC69 with SENATE S5294 CONGRESSIONAL RECORD — SENATE May 7, 2009 Mr. President, I ask unanimous con- (D) identification and evaluation of Fed- cluding per diem in lieu of subsistence, at sent that the text of the bill be printed eral foreign language programs and activi- rates authorized for employees of agencies in the RECORD. ties, including— under subchapter I of chapter 57 of title 5, There being no objection, the text of (i) any duplicative or overlapping pro- United States Code, while away from their the bill was ordered to be printed in grams that may impede efficiency; homes or regular places of business in the (ii) recommendations on coordination; performance of services for the Council. the RECORD, as follows: (iii) program enhancements; and (5) SECURITY CLEARANCE.— S. 1010 (iv) allocation of resources so as to maxi- (A) IN GENERAL.—Subject to subparagraph Be it enacted by the Senate and House of Rep- mize use of resources; (B), the appropriate Federal agencies or de- resentatives of the United States of America in (E) needed national policies and cor- partments shall cooperate with the Council Congress assembled, responding legislative and regulatory ac- in expeditiously providing to the Council SECTION 1. SHORT TITLE. tions in support of, and allocation of des- members and staff appropriate security This Act may be cited as the ‘‘National ignated resources to, promising programs clearances to the extent possible pursuant to Foreign Language Coordination Act of 2009’’. and initiatives at all levels (Federal, State, existing procedures and requirements. SEC. 2. ESTABLISHMENT OF NATIONAL FOREIGN and local), especially in the less commonly (B) EXCEPTION.—No person shall be pro- LANGUAGE COORDINATION COUN- taught languages that are seen as critical for vided with access to classified information CIL. national security and global competitiveness under this section without the appropriate (a) ESTABLISHMENT.—There is established during the next 20 to 50 years; required security clearance access. in the Executive Office of the President a (F) effective ways to increase public aware- (6) COMPENSATION.—The rate of pay for any National Foreign Language Coordination ness of the need for foreign language skills employee of the Council (including the Advi- Council (in this Act referred to as the ‘‘Coun- and career paths in all sectors that can em- sor) may not exceed the rate payable for cil’’), directed by a National Language Advi- ploy those skills, with the objective of in- level V of the Executive Schedule under sec- sor (in this Act referred to as the ‘‘Advisor’’) creasing support for foreign language study tion 5316 of title 5, United States Code. appointed by the President. among— (b) MEMBERSHIP.—The Council shall consist (g) POWERS.— of the following members or their designees: (i) Federal, State, and local leaders; (1) DELEGATION.—Any member or employee (1) The Advisor, who shall serve as the (ii) students; of the Council may, if authorized by the chairperson of the Council. (iii) parents; Council, take any action that the Council is (2) The Secretary of Education. (iv) elementary, secondary, and postsec- authorized to take in this Act. (3) The Secretary of Defense. ondary educational institutions; and (2) INFORMATION.— (4) The Secretary of State. (v) employers; (A) COUNCIL AUTHORITY TO SECURE.—The (5) The Secretary of Homeland Security. (G) recommendations for incentives for re- Council may secure directly from any Fed- (6) The Attorney General. lated educational programs, including for- eral agency such information, consistent (7) The Director of National Intelligence. eign language teacher training; with Federal privacy laws, including The (8) The Secretary of Labor. (H) coordination of cross-sector efforts, in- Family Educational Rights and Privacy Act (9) The Secretary of Commerce. cluding public-private partnerships; (20 U.S.C. 1232g) and Department of Edu- (10) The Secretary of Health and Human (I) coordination initiatives to develop a cation’s General Education Provisions Act Services. strategic posture for language research and (20 U.S.C. 1232(h)), the Council considers nec- (11) The Director of the Office of Personnel recommendations for funding for applied for- essary to carry out its responsibilities. Management. eign language research into issues of na- (B) REQUIREMENT TO FURNISH REQUESTED IN- (12) The heads of such other Federal agen- tional concern; FORMATION.—Upon request of the Advisor, cies as the Council considers appropriate. (J) identification of and means for repli- the head of such agency shall furnish such (c) RESPONSIBILITIES.— cating best practices at all levels and in all information to the Council. (1) IN GENERAL.—The Council shall be sectors, including best practices from the (3) DONATIONS.—The Council may accept, charged with— international community; and use, and dispose of gifts or donations of serv- (A) overseeing, coordinating, and imple- (K) recommendations for overcoming bar- ices or property. menting continuing national security and riers in foreign language proficiency. (4) MAIL.—The Council may use the United education language initiatives; (d) SUBMISSION OF STRATEGY TO PRESIDENT States mail in the same manner and under (B) not later than 18 months after the date AND CONGRESS.—Not later than 18 months the same conditions as other Federal agen- of enactment of this Act, developing a na- after the date of enactment of this Act, the cies. Council shall prepare and submit to the tional foreign language strategy, building (h) CONFERENCES, NEWSLETTER, AND President and the relevant committees of upon efforts such as the National Security WEBSITE.—In carrying out this Act, the Congress the strategy required under sub- Language Initiative, the National Language Council— section (c). Conference, the National Defense Language (1) may arrange Federal, regional, State, (e) MEETINGS.—The Council may hold such and local conferences for the purpose of de- Roadmap, the Language Continuum of the meetings, and sit and act at such times and veloping and coordinating effective programs Department of State, and others, in con- places, as the Council considers appropriate, sultation with— but shall meet in formal session not less and activities to improve foreign language (i) State and local government agencies; than 2 times a year. State and local govern- education; (ii) academic sector institutions; ment agencies and other organizations (such (2) may publish a newsletter concerning (iii) foreign language related interest as academic sector institutions, foreign lan- Federal, State, and local programs that are groups; guage-related interest groups, business asso- effectively meeting the foreign language (iv) business associations, including indus- ciations, industry, and heritage community needs of the nation; and try; organizations) shall be invited, as appro- (3) shall create and maintain a website (v) heritage associations; and priate, to public meetings of the Council at containing information on the Council and (vi) other relevant stakeholders; least once a year. its activities, best practices on language (C) conducting a survey of the status of (f) STAFF.— education, and other relevant information. Federal agency foreign language and area ex- (1) IN GENERAL.—The Advisor may— (i) ANNUAL REPORT.—Not later than 90 days pertise and agency needs for such expertise; (A) appoint, without regard to the provi- after the date of the enactment of this Act, and sions of title 5, United States Code, gov- and annually thereafter, the Council shall (D) monitoring the implementation of such erning the competitive service, such per- prepare and transmit to the President and strategy through— sonnel as the Advisor considers necessary; the relevant committees of Congress a report (i) application of current and recently en- and that describes— acted laws; and (B) compensate such personnel without re- (1) the activities of the Council; (ii) the promulgation and enforcement of gard to the provisions of chapter 51 and sub- (2) the efforts of the Council to improve rules and regulations. chapter III of chapter 53 of that title. foreign language education and training; and (2) STRATEGY CONTENT.—The strategy de- (2) DETAIL OF GOVERNMENT EMPLOYEES.— (3) impediments to the use of a National veloped under paragraph (1) shall include— Upon request of the Council, any Federal Foreign Language program, including any (A) recommendations for amendments to Government employee may be detailed to statutory and regulatory restrictions. title 5, United States Code, in order to im- the Council without reimbursement, and (j) ESTABLISHMENT OF A NATIONAL LAN- prove the ability of the Federal Government such detail shall be without interruption or GUAGE ADVISOR.— to recruit and retain individuals with foreign loss of civil service status or privilege. (1) IN GENERAL.—The National Language language proficiency and provide foreign lan- (3) EXPERTS AND CONSULTANTS.—With the Advisor appointed by the President shall be guage training for Federal employees; approval of the Council, the Advisor may a nationally recognized individual with cre- (B) the long term goals, anticipated effect, procure temporary and intermittent services dentials and abilities across the sectors to be and needs of national security language ini- under section 3109(b) of title 5, United States involved with creating and implementing tiatives; Code. long-term solutions to achieving national (C) identification of crucial priorities (4) TRAVEL EXPENSES.—Council members foreign language and cultural competency. across all sectors; and staff shall be allowed travel expenses, in- (2) RESPONSIBILITIES.—The Advisor shall—

VerDate Nov 24 2008 01:22 May 08, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.054 S07MYPT1 jbell on PROD1PC69 with SENATE May 7, 2009 CONGRESSIONAL RECORD — SENATE S5295 (A) develop and monitor the implementa- Treasury to mint commemorative Whereas Georgia’s position along energy tion of a national foreign language strategy, Mother’s Day coins. Profits generated transit routes is of strategic importance to built upon the efforts of the National Secu- from the sale of the coins would be do- the United States; rity Language Initiative, across all sectors; nated to Susan G. Komen for the Cure Whereas Georgia has aggressively sought (B) establish formal relationships among integration into Euro-Atlantic institutions; the major stakeholders in meeting the needs and The National Osteoporosis Founda- Whereas closer engagement with Georgia of the Nation for improved capabilities in tion. Susan G. Komen for the Cure has through trade negotiations would encourage foreign languages and cultural under- raised more than $1 billion for breast even greater reform in Georgia and build its standing, including Federal, State, and local cancer research since 1982, and the Na- capacity to further modernize and liberalize government agencies, academia, industry, tional Osteoporosis Foundation is con- its economy; labor, and heritage communities; and sidered our Nation’s leading voluntary Whereas Georgia is a member of the World (C) coordinate and lead a public informa- health organization. Thousands of Trade Organization; and tion campaign that raises awareness of pub- women have benefited from the efforts Whereas pursuant to an agreement be- lic and private sector careers requiring for- tween Congress and the Bush Administration eign language skills and cultural under- of these organizations and they are reached on May 10, 2007, the United States is standing, with the objective of increasing in- well deserving of our support. committed to assisting its trading partners terest in and support for the study of foreign These coins will not only raise in efforts to improve standards of environ- languages among national leaders, the busi- awareness of the proud history of mental and labor protections: Now, there- ness community, local officials, parents, and Mother’s Day, but will help improve fore, be it individuals. the health of thousands of our Nation’s Resolved, That it is the sense of the Senate (k) ENCOURAGEMENT OF STATE INVOLVE- mothers. Therefore, I encourage my that the United States should initiate nego- MENT.— colleagues to reflect upon their rela- tiations to enter into a free trade agreement (1) STATE CONTACT PERSONS.—The Council with Georgia. shall consult with each State to provide for tionships with the mothers in their f the designation by each State of an indi- lives, and join me in supporting this vidual to serve as a State contact person for legislation to recognize the past cen- SENATE RESOLUTION 137—RECOG- the purpose of receiving and disseminating tury’s worth of noble women and help NIZING AND COMMENDING THE information and communications received ensure the health of those to come in PEOPLE OF THE GREAT SMOKY from the Council. the next century. MOUNTAINS NATIONAL PARK ON (2) STATE INTERAGENCY COUNCILS AND LEAD AGENCIES.—Each State is encouraged to es- f THE 75TH ANNIVERSARY OF THE tablish a State interagency council on for- ESTABLISHMENT OF THE PARK SUBMITTED RESOLUTIONS eign language coordination or designate a Mr. ALEXANDER (for himself, Mr. lead agency for the State for the purpose of BURR, Mr. CORKER, and Mrs. HAGAN) assuming primary responsibility for coordi- submitted the following resolution; nating and interacting with the Council and SENATE RESOLUTION 136—A BILL State and local government agencies as nec- which was referred to the Committee EXPRESSING THE SENSE OF THE on the Judiciary: essary. SENATE THAT THE UNITED (l) CONGRESSIONAL NOTIFICATION.—The STATES SHOULD INITIATE NEGO- S. RES. 137 Council shall provide to Congress such infor- Whereas, in the 1920s, groups of citizens mation as may be requested by Congress, TIATIONS TO ENTER INTO A FREE TRADE AGREEMENT WITH and officials in Western North Carolina and through reports, briefings, and other appro- Eastern Tennessee displayed enormous fore- priate means. THE COUNTRY OF GEORGIA sight in recognizing the potential benefits of (m) AUTHORIZATION OF APPROPRIATIONS.— Mr. KERRY (for himself and Mr. a national park in the Southern Appalachian There are authorized to be appropriated such Mountains; sums as necessary to carry out this Act. LUGAR) submitted the following resolution; which was referred to the Com- Whereas the location of the park that be- mittee on Finance: came the Great Smoky Mountains National By Mr. REID (for Mr. ROCKE- Park was selected from among the finest ex- FELLER (for himself, Mr. BYRD, S. RES. 136 amples of the most scenic and intact moun- Mr. BAYH, Mr. BEGICH, Mr. NEL- Whereas Georgia has been developing its tain forests in the Southeastern United SON, of Nebraska, Mr. democratic and market-economy institu- States; WHITEHOUSE, and Mr. LEVIN)): tions for over a decade; Whereas the creation of the Great Smoky S. 1012. A bill to require the Sec- Whereas the pace of democratic and eco- Mountains National Park was the product of retary of the Treasury to mint coins in nomic reforms has accelerated dramatically more than 2 decades of determined effort by since the Rose Revolution of 2003; leaders of communities across Western North commemoration of the centennial of Whereas the democratically-elected gov- Carolina and Eastern Tennessee; the establishment of Mother’s Day; to ernment of Georgia has worked aggressively Whereas the State legislatures and Gov- the Committee on Banking, Housing, to combat corruption and increase trans- ernors of North Carolina and Tennessee exer- and Urban Affairs. parency and accountability in government cised great vision in appropriating the fund- Mr. ROCKEFELLER. Mr. President, I institutions, and should continue to do so; ing that was used, along with funding from rise today to introduce the Mother’s Whereas Georgia has implemented a num- the Laura Spelman Rockefeller Memorial Day Centennial Coin Commemorative ber of economic reforms, particularly in its Fund, to purchase more than 400,000 acres of Coin Act. I am proud to have the senior tax and regulatory regimes; private land that became part of the Great Whereas such reforms were designed to en- Smoky Mountains National Park; Senator from West Virginia, Senator courage entrepreneurship and small business Whereas the citizens of communities sur- BYRD, as an original cosponsor given development; rounding the Great Smoky Mountains Na- that this is a special event for our Whereas Georgia’s economic reforms have tional Park generously contributed funding state. We are joined by Senators BAYH, spurred strong economic growth and foreign for land acquisition to bring the Great BEGICH, BEN NELSON, WHITEHOUSE and direct investment; Smoky Mountains National Park into being; LEVIN. Whereas the August conflict with Russia Whereas more than 1,100 families and other In 1908, a West Virginian woman by nearly halted Georgia’s economic growth, de- property owners were called upon to sacrifice the name of Anna Jarvis petitioned her pleted public resources, drove up unemploy- their farms and homes for the benefit and en- ment, and left a severe humanitarian crisis joyment of future generations that would local church to declare May 9th as in its wake; visit the Great Smoky Mountains National Mother’s Day. Within 6 years, the holi- Whereas the global financial crisis has fur- Park; day became nationally recognized. ther hindered growth and investment in Whereas the Great Smoky Mountains Na- Now, more than 100 years after that Georgia; tional Park was established as a completed first Mother’s Day, we have the oppor- Whereas strong economic growth and in- park by the Act entitled ‘‘An Act to estab- tunity to commemorate the centennial vestment would provide the necessary re- lish a minimum area for the Great Smoky of this great holiday and further recog- sources for Georgia to recover quickly from Mountains National Park, and for other pur- nize the millions of American mothers the devastation of the August conflict, as poses’’, approved June 15, 1934 (16 U.S.C. well as to further strengthen democratic in- 403g); whose essential role in life cannot be stitutions and solidify public support for Whereas the Great Smoky Mountains Na- overstated. democratic governance; tional Park covers approximately 521,621 The legislation I am introducing Whereas a vibrant, stable democracy in the acres of land in the States of Tennessee and today would recognize the centennial Caucasus region is in the interest of the North Carolina, making it the largest proof Mother’s Day by authorizing the United States; tected area in the Eastern United States;

VerDate Nov 24 2008 01:22 May 08, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.055 S07MYPT1 jbell on PROD1PC69 with SENATE S5296 CONGRESSIONAL RECORD — SENATE May 7, 2009 Whereas the Great Smoky Mountains Na- and recognize the contributions of Concerns (C) metrics for assessing the progress made tional Park provides sanctuary for the most of Police Survivors to so many families; and in carrying out such mechanisms. diverse flora and fauna of any national park Whereas National Police Week, observed in (4) A description of the organization and in the temperate United States, and pre- 2009 from May 10 to May 16, is the most ap- resources required to carry out mechanisms serves an unparalleled collection of historic propriate time to honor Concerns of Police set forth pursuant to paragraphs (1) and (2). structures as a ‘‘time capsule’’ of Appa- Survivors: Now, therefore, be it (5) In the case of the financial management lachian culture during the 19th and early Resolved, That the Senate— practices of each military department appli- 20th centuries; (1) honors Concerns of Police Survivors for cable to major defense acquisition pro- Whereas, on September 2, 1940, President 25 years of service to the family members of grams— Franklin D. Roosevelt dedicated the Great law enforcement officers killed in the line of (A) a description of any weaknesses in such Smoky Mountains National Park; duty across the United States; practices; and Whereas the Great Smoky Mountains Na- (2) recognizes and thanks Concerns of Po- (B) a description of the actions to be taken tional Park has been the most popular na- lice Survivors for assisting in rebuilding the to remedy such weaknesses. tional park in the United States since it shattered lives of those family members (c) CONSULTATION.— opened, and attracts between 9,000,000 and through the organization’s invaluable pro- (1) IN GENERAL.—In preparing the report re- 10,000,000 visitors each year, making it the grams; quired by subsection (a), the Chief Manage- most visited of the 58 national parks in the (3) urges the people of the United States to ment Officer of the Department of Defense United States; and join with the Senate in thanking Concerns of shall seek and consider input from each of Whereas visitors to the Great Smoky Police Survivors on behalf of the Nation; and the following: Mountains National Park contribute more (4) recognizes with great appreciation the (A) The Chief Management Officer of the than $700,000,000 to the local economy each sacrifices made by the families of law en- Department of the Army. year, resulting in more than 14,000 jobs in forcement officers killed in the line of duty (B) The Chief Management Officer of the North Carolina and Tennessee: Now, therein providing essential support to one an- Department of the Navy. fore, be it other. (C) The Chief Management Officer of the Resolved, That the Senate— f Department of the Air Force. (1) commends the citizens of Western (2) FINANCIAL MANAGEMENT PRACTICES.—In North Carolina and Eastern Tennessee for AMENDMENTS SUBMITTED AND preparing for the report required by sub- their vision and sacrifice; PROPOSED section (a) the matters covered by subsection (b)(5) with respect to a particular military (2) commends the people of the Great SA 1057. Mr. COBURN submitted an department, the Chief Management Officer Smoky Mountains National Park and the amendment intended to be proposed by him of the Department of Defense shall consult National Park Service for 75 years of suc- to the bill S. 454, to improve the organiza- specifically with the Chief Management Offi- cessful management and preservation of the tion and procedures of the Department of De- cer of the military department concerned. park land; fense for the acquisition of major weapon (3) congratulates the people of the Great systems, and for other purposes. f Smoky Mountains National Park on the 75th anniversary of the park; and f AUTHORITY FOR COMMITTEES TO (4) requests the Secretary of the Senate to TEXT OF AMENDMENTS MEET transmit an enrolled copy of this resolution COMMITTEE ON AGRICULTURE, NUTRITION, AND for appropriate display to the headquarters FORESTRY of the Great Smoky Mountains National SA 1057. Mr. COBURN submitted an Mr. FEINGOLD. Mr. President, I ask Park. amendment intended to be proposed by unanimous consent that the Com- f him to the bill S. 454, to improve the mittee on Agriculture, Nutrition, and organization and procedures of the De- SENATE RESOLUTION 138—HON- Forestry be authorized to meet during partment of Defense for the acquisition ORING CONCERNS OF POLICE the session of the Senate on Thursday, of major weapon systems, and for other SURVIVORS FOR 25 YEARS OF May 7, 2009 at 10:30 a.m. in room 106 of purposes; as follows: SERVICE TO FAMILY MEMBERS the Dirksen Senate office building. OF LAW ENFORCEMENT OFFI- At the end of title II, add the following: THe PRESIDING OFFICER. Without SEC. 207. PLAN FOR ELIMINATION OF WEAK- objection, it is so ordered. CERS KILLED IN THE LINE OF NESSES IN OPERATIONS THAT DUTY HINDER CAPACITY TO ASSEMBLE COMMITTEE ON ARMED SERVICES Ms. MURKOWSKI (for herself, Mr. AND ASSESS RELIABLE COST INFOR- Mr. FEINGOLD. Mr. President, I ask MATION ON ACQUIRED ASSETS unanimous consent that the Com- DURBIN, Mrs. MURRAY, Mr. BEGICH, Ms. UNDER MAJOR DEFENSE ACQUISI- mittee on Armed Services be author- MIKULSKI, Mr. TESTER, Mr. RISCH, Mrs. TION PROGRAMS. ized to meet during the session of the FEINSTEIN, Mr. DODD, and Mrs. BOXER) (a) IN GENERAL.—Not later than 180 days submitted the following resolution; after the date of the enactment of this Act, Senate on Thursday, May 7, 2009, at 9:30 which was considered and agreed to: the Chief Management Officer of the Depart- a.m. ment of Defense shall submit to Congress a The PRESIDING OFFICER. Without S. RES. 138 report setting forth a plan to identify and objection, it is so ordered. Whereas May 14, 2009, marks the 25th anni- address weaknesses in operations that hinder COMMITTEE ON BANKING HOUSING, AND URBAN versary of the founding of Concerns of Police the capacity to assemble and assess reliable AFFAIRS Survivors; cost information on the systems and assets Mr. FEINGOLD. Mr. President, I ask Whereas, for 25 years, Concerns of Police to be acquired under major defense acquisi- Survivors has answered one of the highest tion programs. unanimous consent that the Com- and most noble calls to service by providing (b) ELEMENTS.—The report required under mittee on Banking, Housing, and compassionate care and support to family subsection (a) shall include the following: Urban Affairs be authorized to meet members of law enforcement officers killed (1) Mechanisms to identify any weaknesses during the session of the Senate on in the line of duty; in operations under major defense acquisi- May 7, 2009 at 2:30 p.m., to conduct a Whereas, for 25 years, Concerns of Police tion programs that hinder the capacity to hearing entitled ‘‘Strengthening the Survivors has been a bedrock of strength for assemble and assess reliable cost informa- S.E.C.’s Vital Enforcement Respon- those family members in helping them re- tion on the systems and assets to be acquired sibilities.’’ build their shattered lives; under such programs in accordance with ap- The PRESIDING OFFICER. Without Whereas, for 25 years, Concerns of Police plicable accounting standards. Survivors has showed the highest amount of (2) Mechanisms to address weaknesses in objection, it is so ordered. concern and respect for the tens of thousands operations under major defense acquisition COMMITTEE ON ENERGY AND NATURAL of family members of law enforcement offi- programs identified pursuant to the utiliza- RESOURCES cers killed in the line of duty; tion of the mechanisms set forth under para- Mr. FEINGOLD. Mr. President, I Whereas those family members bear the graph (1). would like to ask unanimous consent most immediate and profound burden of the (3) A description of the proposed imple- that the Committee on Energy and absences of their loved ones; mentation of the mechanisms set forth pur- Natural Resources be authorized to Whereas Concerns of Police Survivors fa- suant to paragraph (2) to address the weak- meet during the session of the Senate cilitates healing and provides love and re- nesses described in that paragraph, includ- newed life to those family members far from ing— on Thursday, May 7, 2009, at 10 a.m., in the eye of the media and the general public; (A) the actions to be taken to implement room SD–366 of the Dirksen Senate Of- Whereas it is essential that the people of such mechanisms; fice Building. the Unites States are made aware of the (B) a schedule for carrying out such mech- The PRESIDING OFFICER. Without good works of Concerns of Police Survivors anisms; and objection, it is so ordered.

VerDate Nov 24 2008 02:28 May 08, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.058 S07MYPT1 jbell on PROD1PC69 with SENATE May 7, 2009 CONGRESSIONAL RECORD — SENATE S5297 COMMITTEE ON ENVIRONMENT AND PUBLIC The PRESIDING OFFICER. Without United States to observe the commercial WORKS objection, it is so ordered. seal slaughter in Canada; Whereas the report by the panel noted that Mr. FEINGOLD. Mr. President, I ask SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT sealers failed to comply with sealing regula- unanimous consent that the Com- MANAGEMENT, THE FEDERAL WORKFORCE, tions in Canada and that officials of the Gov- mittee on Environment and Public AND THE DISTRICT OF COLUMBIA. Works be authorized to meet during ernment of Canada failed to enforce such Mr. FEINGOLD. Mr. President, I ask regulations; the session of the Senate on Thursday, unanimous consent that the Com- Whereas the report also concluded that the May 7, 2009, to conduct a business mittee on Homeland Security and Gov- killing methods permitted during the com- meeting. ernmental Affairs’ Subcommittee on mercial seal hunt in Canada are inherently The PRESIDING OFFICER. Without Oversight of Government Management, inhumane and should be prohibited; objection, it is so ordered. the Federal Workforce, and the Dis- Whereas many seals are shot in the course COMMITTEE ON FINANCE trict of Columbia be authorized to of the hunt and escape beneath the ice where they die slowly and are never recovered; Mr. FEINGOLD. Mr. President, I ask meet during the session of the Senate unanimous consent that the Com- Whereas such seals are not properly count- on Thursday, May 7, 2009, at 2:30 p.m. ed in official kill statistics, increasing the mittee on Finance be authorized to to conduct a hearing entitled, ‘‘Uncle likelihood that the actual kill level is far meet during the session of the Senate Sam Wants You!: Recruitment in the higher than the level that is reported; on Thursday, May 7, 2009, at 10 a.m., in Federal Government.’’ Whereas the few thousand fishermen who room 215 of the Dirksen Senate Office The PRESIDING OFFICER. Without participate in the commercial seal hunt in Building, to conduct a hearing entitled objection, it is so ordered. Canada earn, on average, only a tiny fraction ‘‘Auctioning under Cap and Trade: De- of their annual income from killing seals; sign, Participation and Distribution of f Whereas members of the fishing and seal- Revenues’’. ing industries in Canada continue to justify URGING THE GOVERNMENT OF the seal hunt on the grounds that the seals The PRESIDING OFFICER. Without CANADA TO END THE COMMER- in the Northwest Atlantic are preventing the objection, it is so ordered. CIAL SEAL HUNT recovery of cod stocks, despite the lack of COMMITTEE ON HEALTH, EDUCATION, LABOR, Mr. REID. Madam President, I ask any credible scientific evidence to support AND PENSIONS unanimous consent that the Senate this claim; Mr. FEINGOLD. Mr. President, I ask Whereas the consensus in the international proceed to the consideration of Cal- unanimous consent that the Com- scientific community is that culling seals endar No. 57, S. Res. 84. mittee on Health, Education, Labor, will not assist in the recovery of fish stocks The PRESIDING OFFICER. The and Pensions be authorized to meet, and that seals are a vital part of the fragile clerk will report the resolution by marine ecosystem of the Northwest Atlantic; during the session of the Senate on title. Whereas polling consistently shows that May 7, 2009, to conduct a hearing. The The legislative clerk read as follows: the overwhelming majority of people in Can- hearing will commence at 10 a.m., in ada oppose the commercial seal hunt; A resolution (S. Res. 84) urging the Govern- room 430 of the Dirksen Senate Office Whereas the vast majority of seal products ment of Canada to end the commercial seal Building. are exported from Canada, and the sealing hunt. The PRESIDING OFFICER. Without industry relies on international markets for objection, it is so ordered. There being no objection, the Senate its products; COMMITTEE ON HEALTH, EDUCATION, LABOR, proceeded to consider the resolution. Whereas 10 countries have prohibited trade AND PENSIONS Mr. REID. Madam President, I ask in seal products in recent years, and the Eu- Mr. FEINGOLD. Mr. President, I ask unanimous consent that the resolution ropean Union is now considering a prohibition on trade in seal products; and unanimous consent that the Com- be agreed to, the preamble be agreed to, the motions to reconsider be laid Whereas the persistence of this cruel and mittee on Health, Education, Labor, needless commercial hunt is inconsistent and Pensions be authorized to meet, upon the table, with no intervening ac- with the well-earned international reputa- during the session of the Senate on tion or debate, and any statements be tion of Canada: Now, therefore, be it May 7, 2009. The hearing will com- printed in the RECORD. Resolved, That the Senate— mence at 2 p.m., in room 430 of the The PRESIDING OFFICER. Without (1) urges the Government of Canada to pro- Dirksen Senate Office Building. objection, it is so ordered. hibit the commercial hunting of seals; and The PRESIDING OFFICER. Without The resolution (S. Res. 84) was agreed (2) strongly supports an unconditional pro- to. hibition by the European Union on trade in objection, it is so ordered. seal products. COMMITTEE ON INDIAN AFFAIRS The preamble was agreed to. f Mr. FEINGOLD. Mr. President, I ask The resolution, with its preamble, unanimous consent that the Com- reads as follows: NATIONAL TRAIN DAY mittee on Indian Affairs be authorized S. RES. 84 Mr. REID. Madam President, I ask to meet during the session of the Sen- Whereas the Government of Canada per- unanimous consent that the Commerce ate on Thursday, May 7, 2009, at 2:15 mits an annual commercial hunt for seals in Committee be discharged from further p.m., in room 628 of the Dirksen Senate the waters off the east coast of Canada; consideration of S. Res. 125. Office Building. Whereas an international outcry regarding The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without the plight of the seals hunted in Canada re- objection, it is so ordered. objection, it is so ordered. sulted in the 1983 ban by the European Union The clerk will report the resolution of whitecoat and blueback seal skins and the COMMITTEE ON THE JUDICIARY by title. subsequent collapse of the commercial seal The legislative clerk read as follows: Mr. FEINGOLD. Mr. President, I ask hunt in Canada; unanimous consent that the Senate Whereas the Marine Mammal Protection A resolution (S. Res. 125) in support and Committee on the Judiciary be author- Act of 1972 (16 U.S.C. 1361 et seq.) bars the recognition of National Train Day, May 9, 2009. ized to meet during the session of the import into the United States of any seal Senate, to conduct an executive busi- products; There being no objection, the Senate proceeded to consider the resolution. ness meeting on Thursday, May 7, 2009, Whereas, in recent years, the Minister of Fisheries and Oceans of Canada has author- Mr. REID. Madam President, I ask at 10 a.m., in room SD–226 of the Dirk- ized historically high quotas for harp seals; unanimous consent that the resolution sen Senate Office Building. Whereas more than 1,000,000 seals have be agreed to, the preamble be agreed The PRESIDING OFFICER. Without been killed during the past 4 years; to, the motions to reconsider be laid objection, it is so ordered. Whereas harp seal pups can legally be upon the table en bloc, and any state- SUBCOMMITTEE ON ENERGY hunted in Canada as soon as they have begun ments be printed in the RECORD. Mr. FEINGOLD. Mr. President, I ask to molt their white coats, at approximately 12 days of age; The PRESIDING OFFICER. Without unanimous consent that the Sub- objection, it is so ordered. committee on Energy be authorized to Whereas 97 percent of the seals killed are pups between just 12 days and 12 weeks of The resolution (S. Res. 125) was meet during the session of the Senate age; agreed to. to conduct a hearing on Thursday, May Whereas, in 2007, an international panel of The preamble was agreed to. 7, 2009, at 2:30 p.m., in room 366 of the experts in veterinary medicine and zoology The resolution, with its preamble, Dirksen Senate Office Building. was invited by the Humane Society of the reads as follows:

VerDate Nov 24 2008 02:28 May 08, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.063 S07MYPT1 jbell on PROD1PC69 with SENATE S5298 CONGRESSIONAL RECORD — SENATE May 7, 2009 S. RES. 125 Currently, more than 900,000 men and Whereas National Police Week, observed in Whereas, in May 1869, the ‘‘golden spike’’ women work tirelessly to protect our 2009 from May 10 to May 16, is the most ap- was driven into the final tie at Promontory communities, our schools, and our chil- propriate time to honor Concerns of Police Summit, Utah to join the Central Pacific dren. They investigate and apprehend Survivors: Now, therefore, be it and the Union Pacific Railroads, ceremo- Resolved, That the Senate— the most violent criminals and do more (1) honors Concerns of Police Survivors for nially completing the first transcontinental than we know in keeping our commu- railroad and therefore connecting both 25 years of service to the family members of coasts of the United States; nities safe and secure. Since the first law enforcement officers killed in the line of Whereas, Amtrak trains and infrastructure recorded police death in 1792, the duty across the United States; carry commuters to and from work in con- names of 18,274 law enforcement offi- (2) recognizes and thanks Concerns of Po- gested metropolitan areas providing a reli- cers who have made the ultimate sac- lice Survivors for assisting in rebuilding the able rail option and reducing congestion on rifice have been added to the National shattered lives of those family members roads and in the skies; Law Enforcement Officers Memorial. through the organization’s invaluable pro- Whereas, for many rural Americans, Am- grams; I also take this opportunity to recog- (3) urges the people of the United States to trak represents the only major intercity nize that the names of 387 fallen offi- transportation link to the rest of the coun- join with the Senate in thanking Concerns of try; cers will be added to the National Law Police Survivors on behalf of the Nation; and Whereas, passenger trains provide a more Enforcement Officers Memorial on May (4) recognizes with great appreciation the fuel-efficient transportation system thereby 13 during a candlelight vigil that will sacrifices made by the families of law en- providing cleaner transportation alter- be held in their honor. These are offi- forcement officers killed in the line of duty natives and energy security; cers from the past and present whose in providing essential support to one an- Whereas, intercity passenger rail was 18 memory will be preserved for all time other. percent more energy efficient than airplanes at the memorial, ensuring that their f and 25 percent more energy efficient than bravery and sacrifice will not be for- automobiles on a per-passenger-mile basis in APPOINTMENT 2006; gotten. National Peace Officers Memorial The PRESIDING OFFICER. The Whereas, Amtrak annually provides inter- Chair announces, on behalf of the ma- city passenger rail travel to over 28 million Day provides the people of the United Americans residing in 46 states; States, in their communities, in their jority leader, pursuant to Public Law Whereas, an increasing number of people State capitals, and in the Nation’s Cap- 101–509, the appointment of Steve Zink, are using trains for travel purposes beyond ital, with the opportunity to honor and of Nevada, to the Advisory Committee commuting to and from work; and reflect on the extraordinary service on the Records of Congress. Whereas, community railroad stations are and sacrifice given year after year by f a source of civic pride, a gateway to over 500 those members of our police forces. of our Nation’s communities, and a tool for ORDERS FOR MONDAY, MAY 11, More than 20,000 peace officers are ex- economic growth: Now, therefore, be it 2009 Resolved, That the Senate supports the pected to gather in Washington in the goals and ideals of National Train Day, as days leading up to May 15, to join with Mr. REID. Mr. President, I ask unan- designated by Amtrak. the families of their fallen comrades. It imous consent that when the Senate f is right that the Senate show its re- completes its business today it adjourn spect on this occasion, and I am proud until 2 p.m., Monday, May 11; that fol- HONORING CONCERNS OF POLICE to honor their service and their mem- lowing the prayer and the pledge, the SURVIVORS ory. I urge all Senators to join me in Journal of proceedings be approved to Mr. REID. Madam President, I ask approving this resolution. date, the morning hour be deemed to unanimous consent that the Senate Mr. REID. Madam President, I ask have expired, the time for the two lead- proceed to the consideration of S. Res. unanimous consent that the resolution ers be reserved for their use later in 138 submitted earlier today. be agreed to, the preamble be agreed the day; that the Senate proceed to a The PRESIDING OFFICER. The to, and the motion to reconsider be laid period of morning business until 3 p.m., clerk will report the resolution by on the table. with Senators permitted to speak title. The resolution (S. Res. 138) was therein for up to 10 minutes each; that The legislative clerk read as follows: agreed to. following morning business, the Senate A resolution (S. Res. 138) honoring Con- The preamble was agreed to. proceed to the consideration of H.R. cerns of Police Survivors for 25 years of serv- The resolution, with its preamble, is 627, as previously ordered. ice to family members of law enforcement as follows: The PRESIDING OFFICER. Without officers killed in the line of duty. S. RES. 138 objection, it is so ordered. There being no objection, the Senate Whereas May 14, 2009, marks the 25th anni- f proceeded to consider the resolution. versary of the founding of Concerns of Police Mr. LEAHY. Madam President, I am Survivors; EXECUTIVE SESSION honored once again to submit this reso- Whereas, for 25 years, Concerns of Police lution to the Senate commemorating Survivors has answered one of the highest our Nation’s law enforcement officers and most noble calls to service by providing EXECUTIVE CALENDAR and National Peace Officers Memorial compassionate care and support to family Mr. REID. Madam President, I ask members of law enforcement officers killed Day. The Senate’s official recognition in the line of duty; unanimous consent that the Senate of National Peace Officers Memorial Whereas, for 25 years, Concerns of Police proceed to executive session to con- Day and Police Week is a tradition I Survivors has been a bedrock of strength for sider Calendar Nos. 1010 to and includ- am proud to carry out each year, and I those family members in helping them re- ing 128, and all nominations on the look forward to the Senate taking up build their shattered lives; Secretary’s desk in the Air Force, and passing this resolution. Whereas, for 25 years, Concerns of Police Army, Marine Corps, and Navy; that In 2008, 133 law enforcement officers Survivors has showed the highest amount of all the nominations be confirmed en died while serving in the line of duty. concern and respect for the tens of thousands bloc, and the motions to reconsider be of family members of law enforcement offi- We honor their memory. Though this is cers killed in the line of duty; laid upon the table en bloc; that no fur- a decrease from 2007, it is no less tragic Whereas those family members bear the ther motions be in order; that any a loss to our Federal and state law en- most immediate and profound burden of the statements relating to the nominations forcement community and to their absences of their loved ones; appear at the appropriate place in the families and friends. The fact that we Whereas Concerns of Police Survivors fa- RECORD; that the President be imme- commemorate the loss and bravery of cilitates healing and provides love and re- diately notified of the Senate’s action, so many in law enforcement each year newed life to those family members far from and the Senate then resume legislative should remove any doubts in Congress the eye of the media and the general public; session. Whereas it is essential that the people of that it is necessary to give our peace the Unites States are made aware of the The PRESIDING OFFICER. Without officers everything they need to stay good works of Concerns of Police Survivors objection, it is so ordered. safe and to do their jobs as effectively and recognize the contributions of Concerns The nominations considered and con- as they can. of Police Survivors to so many families; and firmed are as follows:

VerDate Nov 24 2008 01:22 May 08, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.024 S07MYPT1 jbell on PROD1PC69 with SENATE May 7, 2009 CONGRESSIONAL RECORD — SENATE S5299

DEPARTMENT OF DEFENSE To be lieutenant general NOMINATIONS PLACED ON THE SECRETARY’S Michael Nacht, of California, to be an As- Maj. Gen. Larry O. Spencer DESK sistant Secretary of Defense. IN THE NAVY IN THE AIR FORCE Elizabeth Lee King, of the District of Co- The following named officer for appoint- PN157 AIR FORCE nominations (18) begin- lumbia, to be an Assistant Secretary of De- ning MICHAEL F. ADAMES, and ending fense. ment as Vice Chief of Naval Operations, United States Navy and appointment to the KATHRYN D. VANDERLINDEN, which Wallace C. Gregson, of Colorado, to be an nominations were received by the Senate and Assistant Secretary of Defense. grade indicated while assigned to a position of importance and responsibility under title appeared in the Congressional Record of IN THE AIR FORCE 10, U.S.C., sections 601 and 5035: March 10, 2009. The following named officer for appoint- PN236 AIR FORCE nominations (4) begin- To be admiral ment in the United States Air Force to the ning PAUL L. CANNON, and ending CHERRI grade indicated under title 10, U.S.C., section Adm. Jonathan W. Greenert S. WHEELER, which nominations were re- 624: The following named officer for appoint- ceived by the Senate and appeared in the To be brigadier general ment in the United States Navy to the grade Congressional Record of March 25, 2009. PN237 AIR FORCE nominations (64) begin- Col. Michael W. Miller indicated while assigned to a position of importance and responsibility under title 10, ning RICHARD EDWARD ALFORD, and end- The following named officer for appoint- U.S.C., section 601: ing RICHARD D. YOUNTS, which nomina- ment in the United States Air Force to the tions were received by the Senate and ap- To be admiral grade indicated while assigned to a position peared in the Congressional Record of March of importance and responsibility under title Adm. Patrick M. Walsh 25, 2009. 10, U.S.C., section 601: The following named officer for appoint- PN335 AIR FORCE nomination of George To be lieutenant general ment in the United States Navy to the grade E. Loughran, was received by the Senate and Maj. Gen. Marc E. Rogers indicated while assigned to a position of im- appeared in the Congressional Record of portance and responsibility under title 10, April 21, 2009. The following named officer for appoint- U.S.C., section 601: PN336 AIR FORCE nomination of Raymond ment in the United States Air Force to the B. Abarca, which was received by the Senate To be admiral grade indicated while assigned to a position and appeared in the Congressional Record of of importance and responsibility under title Vice Adm. John C. Harvey, Jr. April 21, 2009. 10, U.S.C., section 601: The following named officer for appoint- PN337 AIR FORCE nomination of Ian C. B. To be lieutenant general ment in the United States Navy to the grade Diaz, which was received by the Senate and Maj. Gen. Thomas J. Owen indicated while assigned to a position of im- appeared in the Congressional Record of The following named officer for appoint- portance and responsibility under title 10, April 21, 2009. PN338 AIR FORCE nominations (3) begin- ment in the United States Air Force to the U.S.C., section 601: ning WILLIAM T. HOUSTON, and ending grade indicated while assigned to a position To be vice admiral DAVID L. WELLS II, which nominations of importance and responsibility under title Vice Adm. Samuel J. Locklear, III were received by the Senate and appeared in 10, U.S.C., section 601: The following named officer for appoint- the Congressional Record of April 21, 2009. To be lieutenant general ment in the United States Navy to the grade IN THE ARMY indicated while assigned to a position of im- Maj. Gen. Robert R. Allardice PN339 ARMY nomination of Elizabeth M. portance and responsibility under title 10, The following named officer for appoint- Sherr, which was received by the Senate and U.S.C., section 601: ment in the United States Air Force to the appeared in the Congressional Record of grade indicated while assigned to a position To be vice admiral April 21, 2009. of importance and responsibility under title Rear Adm. Richard W. Hunt PN340 ARMY nomination of Erin T. Doyle, 10, U.S.C., section 601: The following named officer for appoint- which was received by the Senate and ap- To be lieutenant general ment in the United States Navy to the grade peared in the Congressional Record of April Lt. Gen. Frank G. Klotz indicated while assigned to a position of im- 21, 2009. PN341 ARMY nomination of Scott A. Bier, The following named officers for appoint- portance and responsibility under title 10, U.S.C., section 601: which was received by the Senate and ap- ment in the United States Air Force to the peared in the Congressional Record of April grade indicated under title 10, U.S.C., section To be vice admiral 21, 2009. 624: Rear Adm. Mark D. Harnitchek PN342 ARMY nomination of Robert G. To be major general The following named officer for appoint- Young, which was received by the Senate Brigadier General Thomas K. Andersen ment in the United States Navy to the grade and appeared in the Congressional Record of Brigadier General Salvatore A. Angelella indicated under title 10, U.S.C., section 624: April 21, 2009. PN343 ARMY nominations (3) beginning Brigadier General Gregory A. Biscone To be rear admiral (lower half) Brigadier General Andrew E. Busch GEORGE R. BERRY, and ending PERRY W. Capt. Mark L. Tidd Brigadier General Timothy A. Byers SARVER JR., which nominations were re- Brigadier General Susan Y. Desjardins IN THE MARINE CORPS ceived by the Senate and appeared in the Brigadier General Judith A. Fedder The following named officers for appoint- Congressional Record of April 21, 2009. Brigadier General Eric E. Fiel ment in the United States Marine Corps to PN344 ARMY nominations (9) beginning Brigadier General Craig A. Franklin the grade indicated under title 10, U.S.C., MICHAEL G. AMUNDSON, and ending PAUL Brigadier General David L. Goldfein section 624: THORN, which nominations were received by the Senate and appeared in the Congres- Brigadier General Blair E. Hansen To be major general Brigadier General Susan J. Helms sional Record of April 21, 2009. Brigadier General George J. Allen Brigadier General Mary K. Hertog PN345 ARMY nominations (79) beginning Brigadier General Raymond C. Fox Brigadier General John W. Hesterman, III BUSTER D. AKERS JR., and ending MI- Brigadier General Charles M. Gurganus Brigadier General Darrell D. Jones CHAEL T. ZELL, which nominations were Brigadier General David R. Heinz Brigadier General Jan Marc Jouas received by the Senate and appeared in the Brigadier General Steven A. Hummer Brigadier General Robert C. Kane Congressional Record of April 21, 2009. Brigadier General David G. Reist Brigadier General James M. Kowalski IN THE MARINE CORPS Brigadier General John A. Toolan, Jr. Brigadier General Stanley T. Kresge PN346 MARINE CORPS nominations (2) be- Brigadier General John E. Wissler Brigadier General Susan K. Mashiko ginning JOHN W. HAHN IV, and ending Brigadier General Michael R. Moeller The following named officers for appoint- STEPHANIE L. MALMANGER, which nomi- Brigadier General Clyde D. Moore, II ment in the United States Marine Corps to nations were received by the Senate and ap- Brigadier General Douglas H. Owens the grade indicated under title 10, U.S.C., peared in the Congressional Record of April Brigadier General James O. Poss section 624: 21, 2009. Brigadier General Mark F. Ramsay To be brigadier general IN THE NAVY Brigadier General Robin Rand Colonel John J. Broadmeadow PN347 NAVY nomination of Michael T. Brigadier General Joseph Reynes, Jr. Colonel John W. Bullard, Jr. Echols, which was received by the Senate Brigadier General Suzanne M. Vautrinot Colonel Steven W. Busby and appeared in the Congressional Record of Brigadier General Lawrence L. Wells Colonel Herman S. Clardy, III April 21, 2009. Brigadier General Janet C. Wolfenbarger Colonel Lewis A. Craparotta PN348 NAVY nomination of Gregory J. The following named officer for appoint- Colonel Robert F. Hedelund Hazlett, which was received by the Senate ment in the United States Air Force to the Colonel Frederick M. Padilla and appeared in the Congressional Record of grade indicated while assigned to a position Colonel Michael A. Rocco April 21, 2009. of importance and responsibility under title Colonel Richard L. Simcock, II PN349 NAVY nomination of Brian J. Ellis 10, U.S.C., section 601: Colonel Vincent R. Stewart Jr., which was received by the Senate and

VerDate Nov 24 2008 01:22 May 08, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.035 S07MYPT1 jbell on PROD1PC69 with SENATE S5300 CONGRESSIONAL RECORD — SENATE May 7, 2009 appeared in the Congressional Record of man and his social worker wife. Jack playing of the ‘‘National Anthem,’’ April 21, 2009. never wanted to be anything but a pro- Jack looked over toward his father at PN350 NAVY nomination of Jesus S. fessional football player, and he the 50-yard line. The father of his co- Moreno, which was received by the Senate worked very hard at it. Good enough to captain, Charlie McNeil, was not there. and appeared in the Congressional Record of He later found out that Mr. McNeil had April 21, 2009. get drafted by the Lions but not quite PN351 NAVY nomination of Colleen L. good enough to make the team, Jack been forced to sit in a section of the Jackson, which was received by the Senate dug in, passing briefly through a few end zone that was roped off for Blacks. and appeared in the Congressional Record of football teams before being sidelined It was one of many terrible indignities April 21, 2009. by an injury and ending up with the that would make Jack a restless pro- PN352 NAVY nomination of Gregory P. Buffalo Bills, where he became one of moter of equality throughout his life. Mitchell, which was received by the Senate the great quarterbacks of all time. A self-described bleeding heart con- and appeared in the Congressional Record of Jack showed his skills early on with servative, Jack’s childlike love for April 21, 2009. America and all it promised was evi- PN353 NAVY nominations (40) beginning the Bills. In his very first game, he completed 21 of 35 passes, including 2 dent until the end. In a letter to his JONATHAN V. AHLSTROM, and ending grandchildren just this past November, JOEL E. YODER, which nominations were touchdowns for 230 yards. By the time Jack said his first thought upon learn- received by the Senate and appeared in the he retired in 1969, he would rank first Congressional Record of April 21, 2009. in passes, completions, and passing ing that an African American had won yardage among all American Football the Presidency was: ‘‘Is this a great f country or not?’’ ‘‘Just think,’’ he League quarterbacks. LEGISLATIVE SESSION But Jack’s restless mind was stirring wrote, ‘‘a little over 40 years ago, Blacks in America had trouble even The PRESIDING OFFICER. The Sen- even before he left the field. Team- voting in our country, much less think- ate will now return to legislative ses- mates would later recall that on long ing about running for the highest office sion. plane rides, while they would be reading playbooks, Jack would be reading in the land.’’ f Jack was not your average politician, economic theory or the latest ‘‘Na- but he was a necessary one, constantly PROGRAM tional Review.’’ During the off season, challenging the establishment. He was Mr. REID. Madam President, there Jack volunteered on political cam- a political entrepreneur, restless to get will be no rollcall votes on Monday. paigns, including the gubernatorial things done. Colleagues remember how The next vote is expected to occur on campaign of Ronald Reagan. It was all Cabinet meetings were always livelier Tuesday, May 12. The managers of the the training he would need. with Jack there—whether he was roll- After retiring from pro football, his bill on credit cards will be here Monday ing his eyes in disagreement or squirm- path to politics was as sure as his 10- afternoon to start the opening state- ing in his chair. No room ever seemed yard pass. And so was his path to suc- ments on this matter. Anybody who big enough to contain him. Sometimes cess. Armed with a kinetic personality, wishes to speak on the credit card leg- when congressional leadership would islation would be advised to come and a sharp mind, and a passion for ideas meet over in the White House, Jack’s do that sometime Monday night. and for people, Jack set about with the former colleague and ours, Trent Lott, As we get into the legislation itself, zeal of a preacher to spread his convic- would have to kick him under the table the time for opening statements may tions about the economic benefits of to keep him from saying something he not be appropriate or timely. So I hope sharp tax cuts. He was so convincing might regret later on. Convention just some will consider doing that on Mon- that tax cuts became the centerpiece of never suited him, and the Nation and day to get it out of the way. his party’s platform in 1980, the basis our party was always a lot better be- of its revival and, most importantly, f cause of it. the cause of the unprecedented pros- We will miss Jack’s insistence, his ORDER TO ADJOURN perity of the next two decades. passion, his energy, and we will miss Growing up, Jack was the captain of Mr. REID. Madam President, if there seeing him, the broad smile, the snow- every team for which he ever played. white hair, plowing into a crowd, is no further business to come before That didn’t change when he came to the Senate, I ask unanimous consent bounding up on a stage, and hurling an Washington. He was calling the plays imaginary football off into the dis- that the Senate adjourn under the pre- here now, and people were eager to fol- vious order following the remarks of tance. low. He was as likable as he was per- Jack was a happy, raspy-voiced evan- the distinguished Republican leader. suasive, all the more so because he The PRESIDING OFFICER. Without gelist for the ideas that shaped a gen- didn’t seek out popularity. eration and revived a political party. objection, it is so ordered. He was always driven by something He believed, rightly, that conservative Mr. REID. Madam President, I sug- else. At his core, Jack was motivated ideas were universal—that if they ap- gest the absence of a quorum. by nothing more than a deep desire to plied to one group, they applied to all The PRESIDING OFFICER. The see America live up to its founding groups. And he rolled up his sleeves to clerk will call the roll. promise of equality for everyone, re- prove it, whether as a candidate for The assistant bill clerk proceeded to gardless of color, religion, or back- Vice President, a Cabinet Secretary call the roll. ground. The fight for equality was spending a night in a Philadelphia Mr. MCCONNELL. Madam President, Jack’s consuming passion. housing project, or in these last years I ask unanimous consent that the order Like everyone who grew up playing as an advocate for many of the causes for the quorum call be rescinded. sports, he knew firsthand that winning he believed in, a speaker, a wise party The PRESIDING OFFICER. Without ball games had nothing to do with elder and, above all, a devoted husband objection, it is so ordered. color. But as a quarterback, he appre- to his beloved Joanne, father, and f ciated this more than most. The grandfather. crowds may have cheered for Jack, but It is hard to imagine someone of TRIBUTE TO JACK KEMP he knew that every time he threw a Jack’s energy and enthusiasm suc- Mr. MCCONNELL. Madam President, pass or ran for a touchdown, an offen- cumbing to anything; he was always so the Nation says its last farewell to sive line stood guard, many of them Af- full of life, the vital center of every Jack Kemp tomorrow afternoon. But rican American. These were his team- room he entered and every debate. We Americans will long remember the tre- mates, his friends, and he witnessed will miss his passion. We are all grate- mendous impact he has had on our the discrimination they encountered ful for his goodness. And as we say our lives and on our politics. So today I many times. But there was one mo- final goodbye to Jack French Kemp, we would like to add my voice to the ment from those days that always lived are consoled by the thought that after many others who have spoken well of in Jack’s memory. It was in 1960. Jack a painful illness, he has broken away this good man. was playing for the Chargers at the now like a wide receiver from the pack, The arc of Jack’s life is well known: time. They were in Houston for the into the welcoming embrace of a loving middle-class son of a small business- AFL Championship, and during the God.

VerDate Nov 24 2008 01:22 May 08, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.037 S07MYPT1 jbell on PROD1PC69 with SENATE May 7, 2009 CONGRESSIONAL RECORD — SENATE S5301 ADJOURNMENT UNTIL MONDAY, BRIGADIER GENERAL SUSAN K. MASHIKO COLONEL JOHN W. BULLARD, JR. BRIGADIER GENERAL MICHAEL R. MOELLER COLONEL STEVEN W. BUSBY MAY 11, 2009, AT 2 P.M. BRIGADIER GENERAL CLYDE D. MOORE II COLONEL HERMAN S. CLARDY III BRIGADIER GENERAL DOUGLAS H. OWENS COLONEL LEWIS A. CRAPAROTTA The PRESIDING OFFICER. Under BRIGADIER GENERAL JAMES O. POSS COLONEL ROBERT F. HEDELUND the previous order, the Senate stands BRIGADIER GENERAL MARK F. RAMSAY COLONEL FREDERICK M. PADILLA BRIGADIER GENERAL ROBIN RAND COLONEL MICHAEL A. ROCCO adjourned until 2 p.m., Monday, May BRIGADIER GENERAL JOSEPH REYNES, JR. COLONEL RICHARD L. SIMCOCK II BRIGADIER GENERAL SUZANNE M. VAUTRINOT COLONEL VINCENT R. STEWART 11. BRIGADIER GENERAL LAWRENCE L. WELLS Thereupon, the Senate, at 5:24 p.m., BRIGADIER GENERAL JANET C. WOLFENBARGER THE ABOVE NOMINATIONS WERE APPROVED SUBJECT TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- adjourned until Monday, May 11, 2009, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CONSTITUTED COMMITTEE OF THE SENATE. at 2 p.m. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE f AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: EXECUTIVE OFFICE OF THE PRESIDENT CONFIRMATIONS To be lieutenant general R. GIL KERLIKOWSKE, OF WASHINGTON, TO BE DIREC- TOR OF NATIONAL DRUG CONTROL POLICY. Executive nominations confirmed by MAJ. GEN. LARRY O. SPENCER the Senate, Thursday, May 7, 2009: IN THE NAVY IN THE AIR FORCE DEPARTMENT OF DEFENSE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATIONS BEGINNING WITH MICHAEL F. AS VICE CHIEF OF NAVAL OPERATIONS, UNITED STATES ADAMES AND ENDING WITH KATHRYN D. MICHAEL NACHT, OF CALIFORNIA, TO BE AN ASSIST- NAVY AND APPOINTMENT TO THE GRADE INDICATED VANDERLINDEN, WHICH NOMINATIONS WERE RECEIVED ANT SECRETARY OF DEFENSE. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND BY THE SENATE AND APPEARED IN THE CONGRESSIONAL ELIZABETH LEE KING, OF THE DISTRICT OF COLUMBIA, RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 RECORD ON MARCH 10, 2009. TO BE AN ASSISTANT SECRETARY OF DEFENSE. AND 5035: AIR FORCE NOMINATIONS BEGINNING WITH PAUL L. WALLACE C. GREGSON, OF COLORADO, TO BE AN AS- CANNON AND ENDING WITH CHERRI S. WHEELER, WHICH SISTANT SECRETARY OF DEFENSE. To be admiral NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ADM. JONATHAN W. GREENERT PEARED IN THE CONGRESSIONAL RECORD ON MARCH 25, IN THE AIR FORCE 2009. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATIONS BEGINNING WITH RICHARD IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- IN THE UNITED STATES NAVY TO THE GRADE INDICATED EDWARD ALFORD AND ENDING WITH RICHARD D. CATED UNDER TITLE 10, U.S.C., SECTION 624: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND YOUNTS, WHICH NOMINATIONS WERE RECEIVED BY THE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: SENATE AND APPEARED IN THE CONGRESSIONAL To be brigadier general To be admiral RECORD ON MARCH 25, 2009. AIR FORCE NOMINATION OF GEORGE E. LOUGHRAN, TO COL. MICHAEL W. MILLER ADM. PATRICK M. WALSH BE COLONEL. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATION OF RAYMOND B. ABARCA, TO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- BE LIEUTENANT COLONEL. IN THE UNITED STATES NAVY TO THE GRADE INDICATED CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AIR FORCE NOMINATION OF IAN C. B. DIAZ, TO BE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MAJOR. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: 601: AIR FORCE NOMINATIONS BEGINNING WITH WILLIAM T. To be admiral HOUSTON AND ENDING WITH DAVID L. WELLS II, WHICH To be lieutenant general NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- VICE ADM. JOHN C. HARVEY, JR. PEARED IN THE CONGRESSIONAL RECORD ON APRIL 21, MAJ. GEN. MARC E. ROGERS 2009. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE ARMY CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ARMY NOMINATION OF ELIZABETH M. SHERR, TO BE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION MAJOR. 601: To be vice admiral ARMY NOMINATION OF ERIN T. DOYLE, TO BE MAJOR. To be lieutenant general VICE ADM. SAMUEL J. LOCKLEAR III ARMY NOMINATION OF SCOTT A. BIER, TO BE MAJOR. ARMY NOMINATION OF ROBERT G. YOUNG, TO BE COLO- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MAJ. GEN. THOMAS J. OWEN NEL. IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ARMY NOMINATIONS BEGINNING WITH GEORGE R. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: BERRY AND ENDING WITH PERRY W. SARVER, JR., WHICH CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION To be vice admiral PEARED IN THE CONGRESSIONAL RECORD ON APRIL 21, 2009. 601: REAR ADM. RICHARD W. HUNT ARMY NOMINATIONS BEGINNING WITH MICHAEL G. To be lieutenant general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AMUNDSON AND ENDING WITH PAUL C. THORN, WHICH IN THE UNITED STATES NAVY TO THE GRADE INDICATED NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MAJ. GEN. ROBERT R. ALLARDICE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND PEARED IN THE CONGRESSIONAL RECORD ON APRIL 21, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: 2009. ARMY NOMINATIONS BEGINNING WITH BUSTER D. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- To be vice admiral CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AKERS, JR. AND ENDING WITH MICHAEL T. ZELL, WHICH AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION REAR ADM. MARK D. HARNITCHEK NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 601: PEARED IN THE CONGRESSIONAL RECORD ON APRIL 21, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 2009. To be lieutenant general IN THE UNITED STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 624: IN THE MARINE CORPS LT. GEN. FRANK G. KLOTZ To be rear admiral (lower half) MARINE CORPS NOMINATIONS BEGINNING WITH JOHN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT W. HAHN IV AND ENDING WITH STEPHANIE L. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CAPT. MARK L. TIDD MALMANGER, WHICH NOMINATIONS WERE RECEIVED BY CATED UNDER TITLE 10, U.S.C., SECTION 624: IN THE MARINE CORPS THE SENATE AND APPEARED IN THE CONGRESSIONAL To be major general RECORD ON APRIL 21, 2009. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIGADIER GENERAL THOMAS K. ANDERSEN IN THE UNITED STATES MARINE CORPS TO THE GRADE IN THE NAVY BRIGADIER GENERAL SALVATORE A. ANGELELLA INDICATED UNDER TITLE 10, U.S.C., SECTION 624: BRIGADIER GENERAL GREGORY A. BISCONE To be major general NAVY NOMINATION OF MICHAEL T. ECHOLS, TO BE BRIGADIER GENERAL ANDREW E. BUSCH COMMANDER. BRIGADIER GENERAL TIMOTHY A. BYERS BRIGADIER GENERAL GEORGE J. ALLEN NAVY NOMINATION OF GREGORY J. HAZLETT, TO BE BRIGADIER GENERAL SUSAN Y. DESJARDINS BRIGADIER GENERAL RAYMOND C. FOX LIEUTENANT COMMANDER. BRIGADIER GENERAL JUDITH A. FEDDER BRIGADIER GENERAL CHARLES M. GURGANUS NAVY NOMINATION OF BRIAN J. ELLIS, JR., TO BE LIEU- BRIGADIER GENERAL ERIC E. FIEL BRIGADIER GENERAL DAVID R. HEINZ TENANT COMMANDER. BRIGADIER GENERAL CRAIG A. FRANKLIN BRIGADIER GENERAL STEVEN A. HUMMER NAVY NOMINATION OF JESUS S. MORENO, TO BE LIEU- BRIGADIER GENERAL DAVID L. GOLDFEIN BRIGADIER GENERAL DAVID G. REIST TENANT COMMANDER. BRIGADIER GENERAL BLAIR E. HANSEN BRIGADIER GENERAL JOHN A. TOOLAN, JR. NAVY NOMINATION OF COLLEEN L. JACKSON, TO BE BRIGADIER GENERAL SUSAN J. HELMS BRIGADIER GENERAL JOHN E. WISSLER LIEUTENANT COMMANDER. BRIGADIER GENERAL MARY K. HERTOG NAVY NOMINATION OF GREGORY P. MITCHELL, TO BE BRIGADIER GENERAL JOHN W. HESTERMAN III THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LIEUTENANT COMMANDER. BRIGADIER GENERAL DARRELL D. JONES IN THE UNITED STATES MARINE CORPS TO THE GRADE NAVY NOMINATIONS BEGINNING WITH JONATHAN V. BRIGADIER GENERAL JAN MARC JOUAS INDICATED UNDER TITLE 10, U.S.C., SECTION 624: AHLSTROM AND ENDING WITH JOEL E. YODER, WHICH BRIGADIER GENERAL ROBERT C. KANE To be brigadier general NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BRIGADIER GENERAL JAMES M. KOWALSKI PEARED IN THE CONGRESSIONAL RECORD ON APRIL 21, BRIGADIER GENERAL STANLEY T. KRESGE COLONEL JOHN J. BROADMEADOW 2009.

VerDate Nov 24 2008 01:22 May 08, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 9801 E:\CR\FM\G07MY6.055 S07MYPT1 jbell on PROD1PC69 with SENATE May 7, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1083 EXTENSIONS OF REMARKS

MORTGAGE REFORM AND ANTI- risk. I believe that if these provisions had been LOCAL LAW ENFORCEMENT HATE PREDATORY LENDING ACT in place 10 years ago, the foreclosure crisis CRIMES PREVENTION ACT OF 2008 might have been averted. We cannot turn SPEECH OF SPEECH OF back time. But we can learn—and if we have HON. STENY H. HOYER learned anything, it is how much we need leg- HON. LUCILLE ROYBAL-ALLARD OF MARYLAND islation like this. I urge my colleagues to sup- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES port it. IN THE HOUSE OF REPRESENTATIVES Wednesday, May 6, 2009 Wednesday, April 29, 2009 The House in Committee of the Whole f Ms. ROYBAL-ALLARD. Mr. Speaker, I was House on the State of the Union had under proud to cast my vote along with 249 other consideration the bill (H.R. 1728) to amend MOURNING THE PASSING OF members of the House of Representatives in the Truth in Lending Act to reform con- RUSSELL DUNHAM favor of the Local Law Enforcement Hate sumer mortgage practices and provide ac- Crimes Prevention Act. This legislation will countability for such practices, to provide certain minimum standards, for consumer protect Americans by expanding the definition mortgage, loans, and for other purposes: HON. JOHN SHIMKUS of hate crimes and providing law enforcement Mr. HOYER. Mr. Chair, it is well-known by OF ILLINOIS officers with the tools they need to prosecute now that our economic crisis began as a fore- these heinous crimes. IN THE HOUSE OF REPRESENTATIVES The Local Law Enforcement Hate Crimes closure crisis. It began with homeowners Prevention Act is not a cure-all and it will not across America signing up for mortgages they Thursday, May 7, 2009 stop all hate violence, but it will send the mes- could not afford. And even though few of us sage that senseless violence is unacceptable knew it at the time, much of our financial sys- Mr. SHIMKUS. Madam Speaker, I rise today and perpetrators will be punished. Since law tem was riding on their ability to pay those to mourn the passing of an American hero. enforcement sometimes lacks the personnel, mortgages off. When it became clear that Russell Dunham passed away on April 6, resources or determination needed to properly many of them could not, the economic chain 2009, at his home in Jerseyville, Illinois. He is investigate and prosecute hate crimes, this reaction affected every community in America. survived by his daughter, Mary Lee Neal and measure will give the appropriate agencies the For a family, a foreclosure is traumatic her husband Kerry, his stepdaughter Annette tools they need to combat hate violence in our enough—but we have also learned from this Wilson and her husband Glenn, and his step- communities. crisis that foreclosures can have wide public Under current law, the Federal Government consequences, as well. son, David Bazzell. Mr. Dunham had three can only investigate hate crimes motivated by Of those who applied for mortgages they grandchildren, nine great-grandchildren, three the victim’s race, color, religion or national ori- could not possibly pay back, some were sim- brothers and three sisters. Today they have gin. The Hate Crimes Prevention Act extends ply irresponsible. But many others were hard- my condolences, those of this House and Federal jurisdiction to hate crimes motivated working, responsible homeowners who fell vic- those of a grateful nation. He was preceded in by the victim’s actual or perceived sexual ori- tim to predatory lending. Unfortunately, incen- death by his wife, Wilda, two granddaughters, entation, gender, gender identity or disability. tives in our financial system made that preda- five brothers and two sisters. Because such crimes are directed at an entire tory lending possible: unscrupulous mortgage Mr. Dunham served our nation in the Army’s group of people and not just one individual, brokers were not required to provide sufficient the bill provides assistance to state and local information to homeowners, and those who 3rd Infantry Division, part of General Patton’s law enforcement to streamline the investiga- then sold the mortgages had little reason to Third Army during World War II. In January tion and prosecution of hate crimes. see that they were sound. 1945, near Kayserberg, France, Technical It is my hope that the Senate will quickly This bill goes a long way toward correcting Sergeant Dunham single-handedly silenced take up and pass this important measure. those flaws, protecting future homeowners, three German machine guns. Leading his pla- Hate motivated crimes undermine our commu- and cracking down on predatory lending. It toon forward through the snow, Sergeant nities and final passage of this bill has been helps consumers get full information—the in- Dunham raced 75 yards through heavy fire to delayed for far too long. I look forward to the formation they need to decide wisely on what assault a well-emplaced enemy position. At- day when legislation like this will no longer be is one of the biggest financial commitments of tacking the first gun, Sergeant Dunham was needed, but until that day comes I applaud their lives. It prevents lenders from steering seriously wounded by machine gun fire, but he passage of the Hate Crimes Prevention Act. borrowers into higher-cost loans and bans yield spread premiums and other compen- kept up his assault, silencing first one, then f another, and then the third and final enemy satory incentives that lead brokers to push TRIBUTE TO MS. TERRY those loans on borrowers. It also establishes emplacement, using his 175 rounds from his TYBOROWSKI national standards for the protection of bor- carbine and 11 grenades. rowers and ensures that those who entrap Despite his wounds, Sergeant Dunham kept HON. MICHAEL K. SIMPSON consumers in predatory loans are liable for ad- moving forward from one position to the next, OF IDAHO justing the loan’s terms and paying the bor- risking his life above and beyond the call of IN THE HOUSE OF REPRESENTATIVES rower’s costs, including attorneys’ fees. duty. For his ‘‘conspicuous gallantry and intre- Finally, this bill requires those who Thursday, May 7, 2009 securitize loans to third parties to put ‘‘skin in pidity,’’ Technical Sergeant Russell Dunham, Mr. SIMPSON. Madam Speaker, I rise today the game’’ and retain interest in at least 5% of earned the Medal of Honor from the grateful to pay tribute to the work of Terry Tyborowski, the credit risk of each loan they sell or trans- nation he helped to save. Professional Staff for the House Energy and fer. This provision will ensure that, at every After the war, Mr. Dunham spent more than Water Development Appropriations Sub- link of the chain, there is an interest in seeing three decades helping area veterans through committee. Unfortunately, Terry will soon be that the loan is repaid and that the home- his work with the Department of Veterans Af- leaving the House of Representatives for a owner does not go into foreclosure. fairs. He raised a family, and was an active new job at the Department of Energy, but the Mr. Chair, this is a strong, carefully delib- positive impact of her work will be felt in this member of the VFW and AMVETS. He will be erated response to the foreclosure crisis, one House, and across this nation, for many years that rules out many of the unscrupulous prac- dearly missed by his family and his commu- to come. tices that harmed so many responsible fami- nity, and his service and sacrifice will continue As a member of the Energy and Water De- lies—and helped put an entire economy at to earn the gratitude of all Americans. velopment Subcommittee for over 6 years, I

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

VerDate Nov 24 2008 04:35 May 08, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MY8.001 E07MYPT1 smartinez on PROD1PC64 with REMARKS E1084 CONGRESSIONAL RECORD — Extensions of Remarks May 7, 2009 have had the opportunity to work with Terry on tact, Lieutenant Webster motivates other fire Greatest Small Boat Rescue of all time. In a number of vitally important energy issues. I professionals to aspire to higher standards 2007, the Coast Guard acknowledged the have seen firsthand the professionalism she through his leadership and inspiration. enormity of the rescue by declaring it their brings to the job and the respect she has I am pleased to know that experienced pub- third most significant rescue of all time, rank- earned from Members, staff, and stakeholders lic servants like Lieutenant Webster are hard ing behind only the 1980 rescue of 520 people alike. That respect derives not from her posi- at work each day keeping the citizens of Bart- from the Dutch liner Prinsendam off Alaska tion or title, but from the hard work, honesty, lett, Tennessee safe. With his broad knowl- and the service’s phenomenal performance in reliability, and deep knowledge that are so edge of the various facets of the fire depart- the aftermath of Hurricane Katrina, during prominent in Terry’s character. ment, Lieutenant Webster is a valuable asset which 33,545 people were saved. In 2002, I Perhaps the most impressive thing about not only to the Bartlett Fire Department but to had the great and distinct privilege of over- Terry is her commitment to doing that which is the entire Shelby County community. Lieuten- seeing the re-issuance of the Gold Lifesaving right for the nation and its energy future. The ant Webster has my deepest gratitude and re- Medals to Warrant Officer Webber and his Energy and Water Development Sub- spect as he selflessly protects our neighbor- crew at ceremonies honoring them in Boston committee is one of the most bipartisan, or hoods each day with courage under fire. and on Cape Cod. non-partisan, in Congress and the staff that Please join me in honoring Lieutenant Chip Webber’s life was not solely defined by the work there demonstrate it daily—particularly Webster on receiving this truly well-deserved Pendleton rescue or his time in the Coast Terry. Her opinions didn’t change when David award as the Bartlett Fire Department’s 2008 Guard. He served in the Coast Guard until Hobson yielded the Subcommittee’s gavel to Officer of the Year. 1966 after serving a tour in Viet Nam and at Peter Visclosky and neither did her approach f several other stations and lightships. He went toward Members, staff, or issues. She remains on to serve as the Town of Wellfleet, Massa- committed to good policy and providing wise HONORING THE PASSING OF CHIEF chusetts’ harbormaster; a charter boat captain counsel while always being loyal to the Chair- WARRANT OFFICER BERNARD C. out of Orleans; the Warden-head Boatman for man for whom she worked. What more could WEBBER, UNITED STATES COAST the National Audubon Society; and part of the any of us ask of the professionals who work GUARD, RET. Hurricane Island Outward Bound School in in this body? Maine—all told, spending more than half his I have been in Congress for over 10 years HON. WILLIAM D. DELAHUNT life on New England waters. In his later life, he and was a member of the Idaho State legisla- OF MASSACHUSETTS continued to make contributions to his former ture for 14 years. I have worked with hundreds IN THE HOUSE OF REPRESENTATIVES service’s proud heritage with his summer visits of staff members and met with thousands of Thursday, May 7, 2009 to local Coast Guard stations, and by edu- policy experts over the years. Much like the cating Coast Guard Academy cadets and oth- rest of my colleagues, I have seen the good Mr. DELAHUNT. Madam Speaker, it is my ers about his time in the Coast Guard. and bad, the loud and quiet, the effective and esteemed honor to rise today to commemo- Warrant Officer Bernard C. Webber leaves a ineffective, and those that are honest or not. rate the passing on January 24, 2009, of Ber- legacy of quiet strength and dignity that is a I can say with certainty that Terry is one of the nard C. Webber, a truly great member of the loss to Massachusetts and the United States. finest professionals with whom I have worked maritime community and a genuine hero of the As we honor his memory with a service this and a person from whom I have learned a 1952 Pendleton rescue off Chatham, Cape weekend, I encourage my colleagues in the great deal. Cod, Massachusetts. House of Representatives to please join me in Her presence here on the Hill, and in the As a teenager from Milton, Massachusetts, acknowledging the passing of an American Subcommittee, will be deeply missed by me young Webber demonstrated his service to his icon and Coast Guard hero. and by all of my colleagues who work with country by serving with the U.S. Merchant Ma- Terry. At the same time, her expertise, fair- rines in the Pacific during World War II. On f ness, and good judgment will be put to good February 26, 1946, Webber enlisted in the CONGRATULATIONS TO THE DAN- use at the Department of Energy and those of U.S. Coast Guard. He quickly rose through the IEL TORRES HISPANIC CENTER us who represent DOE sites are looking for- ranks and was eventually assigned to Coast OF READING, PA ward to continuing our work with Terry in her Guard Station Chatham as a First Class Boat- new capacity. swains Mate. In closing, I would simply like to thank Terry After just six years in the service, he distin- HON. JIM GERLACH for her hard work, her tenacity, her good coun- guished himself on the night of February 18, OF PENNSYLVANIA sel, and most of all, her friendship. 1952, by executing the greatest small-boat IN THE HOUSE OF REPRESENTATIVES f rescue in Coast Guard history. Webber and his crew of three crossed the treacherous Thursday, May 7, 2009 HONORING LIEUTENANT ROGER Chatham Bar and made their little 36-foot life- Mr. GERLACH. Madam Speaker, I rise ‘‘CHIP’’ WEBSTER boat, the CG 3600, famous. After Webber and today to congratulate the Daniel Torres His- his crew crossed the bar, they immediately panic Center of Reading and Berks County on HON. MARSHA BLACKBURN faced 70-knot horizontal blinding snow and 60- its 40th Anniversary and to honor the non- OF TENNESSEE foot waves en route to the floundering 503- profit organization for its commitment to serv- IN THE HOUSE OF REPRESENTATIVES foot tanker Pendleton, a T–2 fuel tanker that ing the region’s growing Latino population. had broken in half the same night. With the Thanks to an extremely dedicated and hard- Thursday, May 7, 2009 windshield all but destroyed, all means of working staff, the Center serves more than Mrs. BLACKBURN. Madam Speaker, it is a navigation—including the compass—obliter- 15,000 people in the community each year privilege to rise today to honor Lieutenant ated by seas and winds, and with limited-to-no and offers about 20 diverse, high-quality pro- Roger ‘‘Chip’’ Webster for being selected as visibility, Webber nonetheless found the stern grams. the Bartlett Fire Department’s 2008 Officer of of the tanker where thirty-three were huddled These programs range from providing hot the Year. in the wet and freezing night. meals for students after school in the Kid’s Since joining the Bartlett Fire Department on Webber skillfully guided his small boat pow- Cafe´ to cultivating future community leaders August 16, 1998, Lieutenant Webster is known ered only by a single 90-horsepower gasoline through the Leadership Institute to a thriving around the fire station for his leadership abili- engine and rescued all but one of the crew Senior Center where older members of the ties that have become a trademark throughout from the stern of the stricken tanker. Moments community socialize, share a meal and re- his career. After being hired as a front line after the last crewman was rescued, the hulk ceive other important services. All of the pro- firefighter, Lieutenant Webster began his as- of the Pendleton rolled over and sank. Webber grams strengthen the character of the partici- sent through the ranks of the Bartlett Fire De- then skillfully navigated his grossly-overloaded pants as well as the fabric of the community. partment serving first as a Driver and then boat toward safe refuge, but had to cross the The Club will celebrate its 40th Anniversary promoted to Fire Lieutenant. As a testament to Chatham bar again before reaching the safety on Friday, May 8th, 2009 during a dinner at his character and determination, Lieutenant of Chatham Harbor. the Reading Crowne Plaza Hotel in Webster challenges himself to keep his per- For their actions, Webber and his crew re- Wyomissing. sonal level of training, education and certifi- ceived the coveted Gold Lifesaving Medal, re- Madam Speaker, I ask that my colleagues cation above all recognized standards in the served for extreme heroism, and a place in join me today in recognizing the Daniel Torres fire profession. With his ‘‘can do’’ attitude in Coast Guard history for having executed the Hispanic Center of Reading and Berks County

VerDate Nov 24 2008 04:35 May 08, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MY8.004 E07MYPT1 smartinez on PROD1PC64 with REMARKS May 7, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1085 for reaching this special milestone and in rec- subprime and predatory loans. In a 2005 Fed- cludes my initiative to provide increased ac- ognizing the valuable contributions of the Cen- eral Reserve study, it was shown that African cess and information on the benefits of home ter’s staff to improving the quality of life for the Americans were 3.2 times more likely to re- inspections—and give homebuyers a leg up region’s Latino community. ceive a higher cost, subprime loan than when dealing with lenders. f Whites. Latinos were 2.7 times more likely. Last, but not least, when we think of homes This bill targets the harmful practice of un- going into foreclosure, we cannot forget those CONGRATULATING TROJANS OF fairly issuing subprime loans or using preda- who live in apartment buildings. In New York, JAMES MADISON HIGH SCHOOL tory lending to take advantage of borrowers. as in many urban areas, more than half of our While the legislation is not perfect, it does city rents. And today, as many as 90,000 New HON. EDDIE BERNICE JOHNSON have some key provisions that are desperately Yorkers reside in buildings with debts too high to maintain. These families, at no fault of their OF TEXAS needed. own, could be out on the street if their build- IN THE HOUSE OF REPRESENTATIVES Among its many useful provisions, H.R. 1728 establishes an ability-to-repay standard ings go into foreclosure. Thursday, May 7, 2009 whereby the lender must determine that the The amendment I have proposed would pro- Ms. EDDIE BERNICE JOHNSON of Texas. borrower has a reasonable ability to repay the tect tenants and keep multifamily buildings out Madam Speaker, I rise today to congratulate loan, present a net tangible benefit to home- of foreclosure. It establishes a new program to the Trojans of James Madison High School on owners seeking to refinance, and ensure that stabilize troubled buildings by refinancing them their first state basketball championship since the loan cannot have any predatory character- or facilitating their transfer to new responsible 1997. These outstanding young men have istics. owners. I urge you to protect renters, to protect come a long way this past season and have H.R. 1728 also establishes a safe harbor for homeowners, and to put a stop to the abusive made their community in South Dallas so very qualified, 30 year fixed loans. Doing so will lending practices that have hurt so many proud. help shift the incentives away from exotic American families. I urge a ‘‘yes’’ vote. Winning a state championship is something mortgages. that will last a lifetime. It is a remarkable And, the bill establishes protections for ten- f achievement that few teams ever experience, ants who can be made homeless if their land- MORTGAGE REFORM AND ANTI- and it is a legacy that will live with the 2008– lord fails to pay the mortgage. This bill gives PREDATORY LENDING ACT 09 Trojans forever. The Trojans and Coach tenants the right to remain in their homes until Damien Mobley know what brought this state the end of their lease. If they do not have a SPEECH OF title back to Dallas—hard work. It is doing that lease or if the property is purchased, then ten- HON. BOB ETHERIDGE one extra sprint, that extra drill, shooting that ants must be given 90-day notice to vacate. OF NORTH CAROLINA extra free throw after practice that helped These are important and necessary protec- IN THE HOUSE OF REPRESENTATIVES make the Trojans champions. Nobody out- tions for homeowners and renters. I encour- Wednesday, May 6, 2009 worked the Trojans and nobody could beat age my colleagues to join me today in voting them in the state tournament. And nobody had for H.R. 1728, the Mortgage Reform and Anti- The House in Committee of the Whole a greater following or more community support Predatory Lending Act. House on the State of the Union had under consideration the bill (H.R. 1728) to amend than the Trojans of Madison High. f the Truth in Lending Act to reform con- It is an honor to pay tribute to the entire sumer mortgage practices and provide ac- Trojan squad and on behalf of all the residents MORTGAGE REFORM AND ANTI- countability for such practices, to provide of Texas, congratulations again to the Trojans PREDATORY LENDING ACT certain minimum standards for consumer of Madison High School and Coach Damien mortgage loans, and for other purposes: Mobley and the entire Madison community— SPEECH OF Mr. ETHERIDGE. Mr. Chair, I rise in support you are an inspiration to us all. It is Trojan HON. NYDIA M. VELA´ ZQUEZ of H.R. 1728, Mortgage Reform and Anti-Pred- Pride at its finest. Go Trojans. OF NEW YORK atory Lending Act. Our nation currently has the highest home f IN THE HOUSE OF REPRESENTATIVES foreclosure rate in a quarter century. Millions MORTGAGE REFORM AND ANTI- Tuesday, May 5, 2009 of families are facing the frightening prospect PREDATORY LENDING ACT The House in Committee of the Whole of foreclosure. Not only do these foreclosures House on the State of the Union had under cause great harm to individual families, but SPEECH OF consideration the bill (H.R. 1728) to amend they result in declining property values for HON. CHRIS VAN HOLLEN the Truth in Lending Act to reform con- whole communities and huge disruptions in sumer mortgage practices and provide ac- the overall housing market. This housing crisis OF MARYLAND countability for such practices, to provide has rippled through our economy and led to IN THE HOUSE OF REPRESENTATIVES certain minimum standards for consumer the economic recession in which we find our- mortgage loans, and for other purposes: Wednesday, May 6, 2009 selves. H.R. 1728 makes the necessary re- Ms. VELA´ ZQUEZ. Mr. Chair, across the The House in Committee of the Whole forms to prohibit many of the ill-advised prac- House on the State of the Union had under country hundreds of thousands of hard-work- tices that led to the housing crisis. consideration the bill (H.R. 1728) to amend ing families have fallen victim to predatory H.R. 1728 includes several provisions to the Truth in Lending Act to reform con- lending. Poor and minority communities have end abusive or predatory lending. This bill sumer mortgage practices and provide ac- been targeted. Today, we are seeing the re- ends compensation structures that incentivize countability for such practices, to provide sults. The foreclosure rate is the highest in a mortgage originators to steer borrowers into certain minimum standards for consumer quarter century, and many others are bur- more costly loans. It also calls for increased mortgage loans, and for other purposes: dened by debt. disclosure so that consumers know if loan Mr. VAN HOLLEN. Mr. Chair, I rise today in That’s why H.R. 1728 is needed. It enacts originators are benefiting at their expense. support of H.R. 1728, the Mortgage Reform simple reforms that will level the playing field This bill creates uniform standards to prevent and Anti-Predatory Lending Act. for consumers. The Mortgage Reform and mortgage abuse. In order to meet these new This country is in the midst of a foreclosure Anti-Predatory Lending Act will help the nation standards, consumers would have to have a crisis. After experiencing the effects of the first move toward recovery. It will give consumers ‘‘reasonable ability to repay.’’ In addition, loan wave of foreclosures last year, we are now the confidence to purchase a new home by refinances would have to provide some ‘‘net hearing warnings of a second, more harmful ensuring predatory lending practices become tangible benefit’’ to the consumer. Meeting wave of subprime and predatory loan inspired a thing of the past. The bill would make it ille- these new guidelines will help erase some of foreclosures in the year ahead. gal for lenders to make loans that home- the riskier loans that have damaged our hous- While everyone pays when a home is fore- owners cannot reasonably be expected to ing sector. Any lender that violates these closed upon, the people hit hardest are the el- repay. standards would be liable for damages includ- derly—who are easily deceived, the poor— It not only sets guidelines for fair lending, ing attorney’s fees. In addition, Federal finan- who have few options, and people of color— but takes strides to empower the borrower. cial regulators would also get new authority to who are often not informed fully about all their For years, I have said that one of the most ef- address abusive mortgage practices by options. For decades, predatory lenders have fective ways to stop predatory lending is to issuing joint regulations. Finally, H.R. 1728 targeted American borrowers of color with give consumers knowledge. This legislation in- protects tenants by providing them protections

VerDate Nov 24 2008 04:35 May 08, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K07MY8.008 E07MYPT1 smartinez on PROD1PC64 with REMARKS E1086 CONGRESSIONAL RECORD — Extensions of Remarks May 7, 2009 and increased notification if the house they staying in one place. But predatory lending nesses large and small are laying-off employ- rent falls into foreclosure. and mortgage fraud undermines a low-income ees in record numbers. Unemployment figures Exotic derivatives markets based on mort- homeowner’s grasp on economic security, have risen to numbers unseen in decades. gages were a primary contributor to our cur- leaving the most vulnerable of our society with Although Congress has made great strides rent economic downturn. This bill requires insurmountable debt. Thereby, continuing the to stabilize and rejuvenate the economy, we creditors retain at least five percent of the cycle of poverty. must regulate lenders so that a crisis like this credit risk of each loan they transfer, or sell to In the case of the 11th Congressional Dis- will never happen again. We must protect in- a third party. Similarly, H.R. 1728 would en- trict, most foreclosure victims live in low and nocent home buyers from unscrupulous mort- sure that the secondary market also comply moderate income working class communities, gage lenders eager to make a quick buck. with these new standards as they buy and where conventional financial services are not Mortgage lenders should not steer borrowers trade these loans as securities. Sharing risk is available. Corrupt lenders prey on these peo- into higher cost loans just to increase their an important part of ensuring safety in the ple, offering loans they know the borrower commissions. Mortgage institutions should en- marketplace. can’t afford. Good lending advice should al- sure that borrowers can repay the loans they These reforms will help us rebuild our econ- ways be available to all. The Mortgage Reform are sold. Creditors should retain an economic omy now, and help us avoid future mistakes and Anti-Predatory Lending Act directs the interest in a portion of the loans they sell, like those that contributed to our current eco- Secretary of Housing and Urban Development which would help them to be more responsible nomic crisis. I support the Mortgage Reform to establish a grant program to provide legal about initiating loans. and Anti-Predatory Lending Act, and I urge my assistance to low income homeowners and Passing the Mortgage Reform and Anti- colleagues to join me in voting for its passage. tenants concerning home ownership preserva- Predatory Lending Act is the right thing to do. The Mortgage Reform and Anti-Predatory f tion, foreclosure prevention, and tenancy associated with home foreclosure. These grants Lending Act will outlaw many of the egregious MORTGAGE REFORM AND ANTI- would be given out to qualifying state and lending practices that have multiplied in recent PREDATORY LENDING ACT local governments and nonprofit organizations years and spark a return to more responsible offering homeownership or rental counseling. lending methods. These much-needed changes are long over- SPEECH OF This would help level the playing field for due and will protect vulnerable home buyers. those most susceptible to the corrupt dealings HON. YVETTE D. CLARKE That is why I urge my colleagues to support of predatory lenders. OF NEW YORK this critical legislation. Addressing the mortgage foreclosure crisis IN THE HOUSE OF REPRESENTATIVES is one of my top priorities. This is why, the day f Wednesday, May 6, 2009 after I was sworn into office, this year, I proud- MORTGAGE REFORM AND ANTI- The House in Committee of the Whole ly voted for the Systematic Foreclosure Pre- PREDATORY LENDING ACT House on the State of the Union had under vention Act which directed the FDIC to create consideration the bill (H.R. 1728) to amend a program that would provide incentives to SPEECH OF the Truth in Lending Act to reform con- loan servicers for mortgage medication. Addi- HON. JOHN D. DINGELL sumer mortgage practices and provide ac- tionally, earlier this year—I introduced my own countability for such practices, to provide OF MICHIGAN certain minimum standards for consumer legislation, H.R. 1848, the Foreclosure Pre- IN THE HOUSE OF REPRESENTATIVES mortgage loans, and for other purposes: vention Act—that authorizes an appropriation Wednesday, May 6, 2009 of $100 million dollars to Neighbor Works Ms. CLARKE. Mr. Chair, today I rise in America for foreclosure mitigation activities The House in Committee of the Whole strong support of H.R. 1728 The Mortgage and mortgage counseling. I am very pleased House on the State of the Union had under consideration the bill (H.R. 1728) to amend Reform and Anti-Predatory Lending Act of that the principals of my bill were adopted into 2009. This bill will finally put a stop to the abu- the Truth in Lending Act to reform con- the Mortgage Reform and Anti-Predatory sumer mortgage practices and provide ac- sive and predatory lending practices that have Lending Act. contributed to our nation’s highest home fore- countability for such practices, to provide Lastly, I am proud that we are doing what certain minimum standards for consumer closure rate in 25 years. In recent years, some must be done to rebuild our economy in a way mortgage loans, and for other purposes: homeowners were deceived and some home- that is fair and consistent with our values. Mr. DINGELL. Mr. Chair, I rise in support of owners received more expensive loans than Again, I stand in strong support of H.R. 1728, H.R. 1728, the ‘‘Mortgage Reform and Anti- they could afford. In response, this bill would and pledge to continue my fight for common Predatory Lending Act.’’ Risky lending prac- ensure that mortgage lenders make loans that sense reform and consumer protections. tices, combined with the consequent benefit the consumer—and would bar lenders f securitization of mortgages, ultimately brought from steering borrowers into higher cost loans. a violent end to the housing bubble and left Moreover, it will prohibit lenders from offering MORTGAGE REFORM AND ANTI- the United States with a constricted credit ‘‘reasonable sounding mortgages,’’ only to PREDATORY LENDING ACT market not seen in generations. In short, sim- hide huge fees, rising interest rates and junk ple avarice and an inexcusable disregard for insurance in the fine print. No longer will lend- SPEECH OF the long-term health of the mortgage market ers be able to ‘‘get rich’’ at the borrower’s ex- HON. LINDA T. SA´ NCHEZ gave rise to the economic crisis in which this pense. The Mortgage Reform and Anti-Preda- Nation presently finds itself mired. OF CALIFORNIA tory Lending Act prescribes a simple standard Just as our predecessors did in the wake of for all home loans: institutions must ensure IN THE HOUSE OF REPRESENTATIVES the Great Depression, we, too, must enact that borrowers can repay the loans they are Wednesday, May 6, 2009 laws to ensure transparency in our economy sold, before they sign on the dotted line. The House in Committee of the Whole and prevent the recurrence of practices that Under this measure, lenders and the sec- House on the State of the Union had under have left millions of Americans facing fore- ondary mortgage market who don’t comply consideration the bill (H.R. 1728) to amend closure. H.R. 1728 is but one of several es- with these standards would be held liable by the Truth in Lending Act to reform con- sential means by which to achieve that end. consumers for rescission of the loan and the sumer mortgage practices and provide ac- This legislation, by requiring the licensing and consumer’s costs for rescission, including at- countability for such practices, to provide registration of mortgage originators and proof torney’s fees. This would encourage the mar- certain minimum standards for consumer of a borrower’s ability to repay a home loan, ket to move back toward making fixed-rate, mortgage loans, and for other purposes: will serve to impede—and hopefully altogether fully documented loans. Ms. LINDA T. SA´ NCHEZ of California. Mr. prevent—the irresponsible home lending prac- Although increased regulation of the lending Chair, I offer my strong support for the Mort- tices that have in great part crippled the econ- market is crucial to the resurgence of our gage Reform and Anti-Predatory Lending Act. omy of my home state of Michigan, which, housing market and economy—the main rea- Abusive and predatory lending practices with one foreclosed home for every 136, has son why I stand today is because of this bill have wreaked havoc upon the American econ- the sixth-highest foreclosure rate in the nation. promises to bridge the financial information omy, bringing it to its worst state since the Although politically expedient to focus our gap. For many people, especially in my district Great Depression. What started as a subprime ire over the current economic crisis on insalu- of Central Brooklyn, homeownership allows mortgage crisis has ballooned to affect every- brious actors in the financial services sector them to live independently and in relative com- one. Millions of families have lost their homes and making them the target of punitive legisla- fort, while slowly accruing wealth simply by or face the prospect of foreclosure, and busi- tion, we must not lose sight of the necessity

VerDate Nov 24 2008 04:35 May 08, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MY8.009 E07MYPT1 smartinez on PROD1PC64 with REMARKS May 7, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1087 of providing consumers adequate protection NATO SUMMIT the 28 NATO Heads of State and Government from predatory lenders. H.R. 1728 recognizes unanimously agreed to appoint Danish Prime this by prohibiting any compensation structure HON. JOHN S. TANNER Minister Anders Fogh Rasmussen as NATO’s that could cause a loan originator to steer ap- OF TENNESSEE next Secretary General. He will officially take plicants toward costlier mortgages, providing a IN THE HOUSE OF REPRESENTATIVES up his duties on August 1 of this year, when grace period for tenants before eviction from Thursday, May 7, 2009 the term of Secretary General Jaap de Hoop their homes, and creating an Office of Housing Scheffer expires after over five years of lead- Counseling within the Department of Housing Mr. TANNER. Madam Speaker, from April ing the Alliance. and Urban Development to educate con- 2–9, 2009, in my capacity as President of the For the first time, the NATO PA was men- sumers about what some might term as the NATO Parliamentary Assembly (NATO PA), I tioned in the NATO Summit Declaration. In Byzantine inner-workings of the housing mar- spoke at the 60th Anniversary Summit of paragraph 17 it states: ‘‘We welcome the role ket. NATO in Strasbourg/Kehl; chaired the NATO of the NATO Parliamentary Assembly in pro- I am proud to support passage of this legis- PA Standing Committee meeting and con- moting the Alliance’s principles and values.’’ ducted bilateral meetings in Vilnius, Lithuania; lation and urge my colleagues to do so as LITHUANIA well. traveled to Kiev, Ukraine and Tbilisi, Georgia on NATO PA Presidential visits; and ad- On April 5 in Vilnius, I chaired the Standing dressed the EAPC Ambassadors in Brussels, Committee meeting of the NATO PA. The f Belgium. The Honorable JO ANN EMERSON (R– Standing Committee consists of the heads of MORTGAGE REFORM AND ANTI- MO), who chairs the NATO PA’s Civil Dimen- the Member delegations, chairs of the five PREDATORY LENDING ACT sion of Security Committee and serves on the NATO PA Committees, and the Bureau of the Standing Committee of the NATO PA, and Assembly. In a productive session, we approved Bulgarian MP Assen Yordanov Agov SPEECH OF NATO PA Secretary General David Hobbs, joined and worked with me to make this a suc- as the Assembly’s new Vice President. Mr. HON. DEAN HELLER cessful trip. Agov will replace outgoing NATO PA Vice OF NEVADA In the NATO PA, parliamentarians from President Rasa Jukneviciene, who vacated the post to serve as Lithuania’s Defense Minister. IN THE HOUSE OF REPRESENTATIVES NATO member and partner states gather to discuss NATO issues and as elected officials, Among other agenda items, the Committee Wednesday, May 6, 2009 have a close working relationship with the Alli- discussed relations with the Russian delega- The House in Committee of the Whole ance. In addition to my role as the Assembly’s tion to the NATO PA, increasing the profile of House of the State of the Union had under President, I chair the U.S. delegation to the our relationship with Georgia, relations with consideration the bill (H.R. 1728) to amend NATO PA. The U.S. delegation is always bi- Belarus, cost cutting measures for NATO PA the Truth in Lending Act to reform con- partisan, actively and regularly participates in meetings in light of the current economic cli- sumer mortgate practices and provide ac- the NATO PA sessions, and several of our mate, and the Assembly’s contribution to a fu- countability for such practices, to provide delegates hold elected offices within the As- ture NATO Strategic Concept. I took the op- certain minimum standards for consumer portunity of the Standing Committee forum to mortgage loans, and for other purposes: sembly. The NATO PA meetings afford an opportunity to sound out parliamentarians from emphasize my presidency theme of teamwork Mr. HELLER. Mr. Chair, I support and would allied states on public opinion, defense and and a ‘‘Team NATO’’ concept, and that keep- have voted for H.R. 1728, the Mortgage Fraud foreign policy, and trends in strategic thinking. ing a critical mass of public support to main- and Anti-Predatory Lending Act. Considering These meetings also allow us to come to tain the Afghanistan mission is essential. 2009 the serious situation in Nevada related to know members of parliaments who play impor- is a critical year for the Alliance in Afghani- housing issues, I support and would have tant roles in shaping the security agenda that stan, and I stressed a sense of urgency with voted for this bill to reform the mortgage and their governments debate at NATO head- this timeline. housing industry. H.R. 1728 reforms federal quarters. These relationships can last a life- Also in Vilnius, Ms. Emerson and I attended laws related to mortgage loan providers, those time and enhance mutual understanding of a working dinner hosted by the Speaker of the that buy or sell mortgages on the secondary issues in the different member countries. Seimas (Lithuania’s Parliament), Arunas securities markets, as well as appraisers. This NATO SUMMIT IN STRASBOURG/KEHL Valinksas. We were joined by Seimas Mem- bill will help reduce predatory lending practices The NATO Summit was held April 3–4 in bers Juozas Olekas and Emanuelis Zingeris and restrict lenders from making loans avail- Strasbourg/Kehl, which is situated on the Ger- and the Director of the Seimas’s International able to consumers that cannot afford them. man-French border. There is great symbolism Relations Department, Sigitia Trainauskiene. In the last Congress, I supported and voted in the Alliance’s 60th Anniversary being cele- Our Ambassador to Lithuania, John Cloud, for a similar bill, H.R. 3915, the Mortgage Re- brated on this border, given what has tran- also participated. We thanked the Lithuanians form and Anti-Predatory Lending Act of 2007. spired over the last century in those two coun- for their contributions in Afghanistan, high- This bill passed the House by a vote of 291– tries which drew the United States into both lighting that their per capita contribution to the 127, on November 15, 2007, but was never World War I and World War II. effort is impressive. In turn, the MP’s thanked considered by the Senate. Though this new On behalf of the alliance parliamentarians, I the U.S. for its support throughout the Soviet version of the bill in the 111th Congress has addressed the Heads of State and Govern- occupation and its role in regional NATO initia- a number of differences, and is not a perfect ment at the NAC (North Atlantic Council), the tives such as Baltic Air Policing. We discussed piece of legislation, I still would have voted in Alliance’s decision-making body. I outlined energy issues, mainly Lithuania’s concern re- support of the legislation. I sincerely hope that three serious challenges facing NATO at this garding the requirement to close their nuclear some of the changes that need to be made time in its 60th year which we, as parliamen- power plant by the end of this year (an EU will be achieved by the Senate or in a con- tarians, believe are critical to the Alliance: the membership condition they agreed to eight ference committee. mission in Afghanistan, our relationship with years ago). We encouraged them to amend The economic downturn and housing situa- Russia, and the need for a new Strategic Con- Lithuania’s residency law which currently re- tion in Nevada is dire. According to one lead- cept. quires Americans (and other non-EU nation- ing foreclosure tracking service, foreclosures At the beginning of the NAC, NATO Sec- als) who are working in Lithuania to live in the in Nevada were up 108% from February 2008 retary General Jaap de Hoop Scheffer wel- country for two years before their family mem- to February 2009. Nevada is the number one comed Albania and Croatia as new members bers can receive residency permits to join state, per capita, in foreclosures. Housing in- of the Alliance. He noted that their member- them. They reassured us it would be resolved ventory is at an all-time high and construction ship comes as the result of long years of hard by this summer. We also encouraged them to and new starts are at a near standstill in both work and that both countries have shown address Jewish property restitution issues. northern and southern Nevada. Clark County dedication and drive in completing the nec- We enjoyed a warm reception from our Lith- is one of the hardest hit counties in the nation. essary reforms of their governing structures uanian counterparts and the visit underscored Reforming mortgage fraud and predatory and their militaries. Since the United States is the strong working relationship between our lending practices is critical to restoring con- the depository country of the Washington two countries. This year marks five years of fidence in the nation’s housing market, helping Treaty, President Obama handed over copies NATO Membership for Lithuania. The bilateral get the economy back on track, and most im- of the Washington Treaty to the Presidents of visit and the NATO PA meetings, particularly portantly, helping keep Nevada families in Albania and Croatia, signifying the two coun- on the heels of the NATO Summit, received their homes. tries’ admission to the Alliance. Additionally, positive attention from the local media.

VerDate Nov 24 2008 04:35 May 08, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MY8.012 E07MYPT1 smartinez on PROD1PC64 with REMARKS E1088 CONGRESSIONAL RECORD — Extensions of Remarks May 7, 2009 UKRAINE AND GEORGIA nomic, defense and security sector reforms is ister for European and Euro-Atlantic Integra- Immediately following our participation in the being prepared. The view was expressed that tion Giorgi Baramidze (former head of the Strasbourg/Kehl Summit and the Assembly’s the Annual National Program is seen as a Georgian NATO PA delegation); had a very in- Standing Committee meeting in Vilnius, the Membership Action Plan in all but name. formative discussion with Prime Minister Nike delegation traveled to Ukraine and Georgia on Ukraine is the only NATO partner partici- Gilauri; met with President Mikheil Saakashvili; April 6–7. The purpose of the visits was to un- pating in all NATO-led operations. The current attended a dinner hosted by Speaker derline the Assembly’s continuing commitment financial crisis is necessitating a review of Bakradze which members of the opposition to Ukraine and Georgia’s Euro-Atlantic integra- commitments and transformation efforts, and were invited to and attended; and lastly, met tion and to obtain firsthand views on progress some reductions in the scale of contributions with Nino Burjanadze of the radical opposition in the reform process. The two governments to operations might have to take place. How- (former Speaker of Parliament and driving provided an opportunity to discuss a variety of ever, it was not felt that Ukraine would with- force behind the April 9 protests). Georgia is security-related topics ranging from Afghani- draw from any operations and strenuous ef- seeking to make considerable progress with stan to the Russian occupation of Abkhazia forts are being made to sustain those par- internal reform. For instance, it is looking at and South Ossetia. I emphasized to the ticular commitments. The Ukrainian officials various forms of constitutional reform to Ukrainians and Georgians that this being my explained that even Ukraine’s peacekeeping strengthen parliament and to improve election first official trip as NATO PA President was operation in Afghanistan is a delicate issue, as practices. It is pursuing the recommendations meant to send a signal of their importance to 15,000 Ukrainians were killed in the Soviet’s of the Council of Europe and the OSCE, and NATO and to Europe. We thanked Georgia Afghanistan campaign, and those wounds still seeking to build public trust in the system. It and Ukraine for their contribution to NATO ac- have not healed. is noteworthy that although opposition figures tivities, encouraged them to continue pursuing Public support for NATO membership re- within Parliament feel that democratic proc- NATO membership, and reassured them that mains relatively low but it is rising, particularly esses could be improved, they nevertheless we are here to help them achieve this goal. among the younger population. The govern- believe that the overall situation is good. UKRAINE ment believes that the more is known about Georgia must continue to reform its econ- In Kiev, we were greeted by our Ambas- NATO, the more support should increase. omy, build a free press, and establish an inde- sador to Ukraine, William Taylor, and hosted Over the past decade, it has been important pendent judiciary. by the Verkhovna Rada (Ukrainian Par- that candidate state governments take the liament). We met with MP’s from BYuT (Block lead in persuading public opinion of the value Despite the financial crisis, Georgia still ex- of Yulia Tymoshenko): Andriy Shkil (Head of of NATO membership. Representative Emer- pects modest economic growth in 2009. It has Ukrainian delegation to the NATO PA), Ostap son offered that instead of using terms such a balanced budget and a stable economy with Semyrak, and Vadym Korotuk; Party of the as ‘‘NATO’’, ‘‘MAP’’, etc., government officials relatively low inflation. The economy is attract- Regions: Hryhoryi Illiashov; Our Ukraine: Ivan could relate and appeal to the people on a ing a high level of foreign investment. The Zaiats, Yuriy Samoilenko, and Borys Tarasuk more direct level by talking about personal se- economy is also diversified in terms of prod- (Chairman of the Committee on European In- curity and how that affects them. ucts and markets, so Georgia is not depend- tegration). We also met with Speaker Ukraine’s aspirations to NATO membership ent on any particular geographical region or Volodymyr Lytvyn, Deputy Prime Minister is but one source of friction with its neighbor, any single commodity. Furthermore, Georgia Oleksandr Turchynov, had a particularly in- Russia. Others include energy, the expiration had been fortunate in not having substantially formative briefing from Deputy Defense Min- in 2017 of the agreement under which Russia de-regulated the banking sector. leases naval bases in the Crimea for its Black ister Ivanschenko, and spent over an hour in Representative EMERSON was impressed a private meeting with President Viktor Sea Fleet, and even the demarcation of bor- with Georgia’s agricultural development and Yushchenko. We did not meet with Prime Min- ders. the positive role agriculture can continue to It was stressed that Ukraine does not seek ister Yulia Tymoshenko, as other events re- play in Georgia’s economic future. quired her to cancel all of her meetings that to antagonize Russia, but only to pursue its day. While at the Rada, we observed a ses- own independent course. It was pointed out There is a very broad political consensus on sion of Parliament with Hans-Gert Pottering, that Russia has itself a more extensive list of joining NATO. This view was expressed by President of the European Parliament. areas of cooperation with NATO than has both government and opposition representa- Ukraine’s political leaders readily acknowl- Ukraine, and that the NATO PA could seek to tives. The government contends that over 70 edged the harm caused by instability in par- help the Ukrainian public realize that Russia is percent of the population and nearly all of the liamentary coalitions and friction between gov- actually very actively cooperating with NATO political parties support NATO integration. ernmental factions. Most agree that the con- on certain key issues. The Ukrainians pointed Georgia is developing its Annual National stitution should be amended to reduce the out that there are six working groups in Program, and in that context it was stated that scope for political instability, and a constitu- Ukraine-NATO and 19 working groups in Rus- ‘‘the ‘Membership Action Plan’ route was not tional commission is likely to be established to sia-NATO. the only road to NATO membership.’’ develop possible solutions. The need for sta- We took the opportunity in the meetings in Kiev to thank Ukrainian governmental and par- NATO—and especially United States—sup- bility has recently been underlined by the fi- port is seen as crucial to Georgia. Govern- nancial crisis which has hit Ukraine particularly liamentary representatives for their country’s contributions to NATO’s operations, and to un- mental and parliamentary representatives ex- hard. The various factions do seem to be pressed their gratitude for the Assembly’s par- working together to ensure the delivery of IMF derline the Assembly’s support for Ukraine’s process of Euro-Atlantic integration. We un- ticularly strong support following the events of support and to adopt an economic program August last year. Russia’s continuing occupa- President Yushchenko’s popularity ratings derlined the strong relationship between the tion of South Ossetia and Abkhazia was unac- are low. On April 1, the Rada voted to hold Assembly and the delegation from the ceptable, as was its recognition of the two re- presidential elections on October 25, much Verkhovna Rada, and I reiterated the senti- gions’ independence. Russia remains in viola- earlier than the anticipated January 2010 date, ments I expressed at the Strasbourg/Kehl tion of the EU-brokered ceasefire agreement. which would mark the end of Yushchenko’s Summit regarding NATO enlargement: that There has, for instance, been no draw down five year mandate. this process enhances Euro-Atlantic security, of Russian forces in South Ossetia and Ukraine is vigorously striving for NATO threatens no one, and is not subject to a veto Abkhazia. On the contrary, new military facili- membership. Indeed, Ukraine’s intention to by any other country. ties are under construction, tens of thousands join NATO was declared in 2002 and subse- GEORGIA of people remain displaced (in addition to the quently written into national legislation when In Georgia, we were greeted by our Ambas- hundreds of thousands displaced in the the current main opposition party was in sador, John Tefft, and hosted by the Georgian 1990s), and international monitors can still not power. Parliament. We met with the Speaker of the Regarding the outcome of NATO’s Georgian Parliament David Bakradze; met cross the administrative boundaries. Georgian Strasbourg/Kehl Summit, Ukraine welcomed with the official opposition (Levan officials believe that a continuing international the reiteration of NATO’s ‘‘Bucharest mes- Vepkhvadze, Gia Tortladze of Powerful Geor- presence remains vital. sage’’—that NATO’s door remains open, and gia Party, Nikolz Laliashvili of the Christian Russia has made no secret of its opposition that Ukraine and Georgia will become mem- Democratic Party, and Rati Maisuradze of the to Georgian membership in the Alliance and bers of NATO. The Annual National Pro- Christian Democratic Party); had lunch with its desire to see ‘‘regime change’’ in Georgia. gram—a framework intended to help Ukraine the Georgian delegation to the NATO PA There is a widespread belief that tensions with plan and continue to implement political, eco- headed by Giorgi Kandelaki; met with the Min- Russia will persist until Georgia becomes a

VerDate Nov 24 2008 04:35 May 08, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MY8.014 E07MYPT1 smartinez on PROD1PC64 with REMARKS May 7, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1089 member of the Alliance. Russia’s goal in fo- gued that if the demonstrations concerned the thoughts on the Summit conclusion, including menting such tension, Georgian officials con- pace or nature of certain reforms, this could Russia and Georgia. tend, is simply to present an obstacle to Geor- be the basis for legitimate protest. There was a vigorous discussion among the gia’s membership. In the various discussions on this matter, we Russian, Moldovan, and Romanian ambas- Even so, Georgian officials said they have urged restraint by all parties. Many observers sadors at the EAPC meeting about the uneasy no desire to see Russia isolated from the had felt that the response to demonstrations in political situation in Moldova. international community. Russia, NATO and 2007 had been ‘‘heavy handed,’’ and this too My speech to the EAPC ambassadors men- NATO aspirants have common interests in had harmed Georgia’s reputation. It is in Geor- tioned the work of the NATO PA and its role some areas, in their view. gia’s national interest that the demonstrations in building NATO partnerships. I noted Jan The European Union’s Monitoring Mission remain peaceful. We encouraged Georgian of- Peterson’s (of Norway’s NATO PA delegation) (EUMM) provided us with a detailed briefing. ficials to allow the protests to happen, and in- work on the Strategic Concept and welcomed EUMM’s mandate is to monitor the imple- deed, there was no violence during the dem- suggestions from NATO PA associate mem- mentation of the EU-brokered ceasefire agree- onstrations, due in large part to the appro- bers. ment, in particular the withdrawal of Russian priate way the government handled the dem- The brief was well received around the table and Georgian armed forces to the positions onstrations, which has earned them goodwill and several Allies and Partners were very held prior to the outbreak of hostilities. It is internationally. complimentary of the work done by the NATO also tasked to contribute to the stabilization Representative EMERSON and I spoke at PA and the NATO PA Secretariat staff in and normalization of the situation in the areas length with the Georgians (and the Ukrainians) Brussels, led by David Hobbs. affected by the war, to monitor the deployment about the importance of peaceful transitions of Immediately following the EAPC meeting, of Georgian police forces, and to observe power, peaceful reform, the rule of law, and we (joined by the Deputy Chief of the U.S. compliance with human rights and rule of law. functional bipartisan relations being essential Mission to NATO, Walter Andrusyszyn) met The Mission covers three functional areas: In- to a stable country and democracy. We reas- with Russian Ambassador to NATO Dmitry ternally Displaced People (IDP)/Humanitarian, sured them that opposition is to be expected Rogozin, per Rogozin’s request. Rogozin of- Police/Justice/Human Rights, and Military. in a democracy, that the majority has an obli- fered that parliamentary diplomacy through the Regarding Georgian IDPs, there are more gation to take into account the ideas of the mi- auspices of the NATO PA could help alleviate the deep mistrust in Russia regarding engage- than 230,000 IDPs from conflicts in the 1990s, nority in deliberations, and that the minority in ment with the Alliance, and advocated an am- and a further 130,000 from the war in August turn has an obligation to participate in a re- bitious set of meetings. Noting that he is a 2008. Of that latter category, some 100,000 sponsible way and accept that whoever has former parliamentarian, Rogozin said he is have been able to return to their homes since the majority at a given time, will end up mak- willing to use his contacts in the Russian Russian forces have pulled back—with some ing most of the decisions. We also stressed Duma to encourage this. We agreed that par- important exceptions—to within the administra- the importance of the opposition marginalizing liamentary diplomacy and the NATO PA have tive boundary lines of South Ossetia and the extreme opposition factions. Representa- a positive role to play in the NATO-Russia Abkhazia. The EUMM has been able to pro- tive EMERSON and I shared our experiences of context, but warned that practical constraints vide substantial assistance in collective data being in both the minority and the majority. would make the scale of Rogozin’s proposals on IDPs. On the Police/Justice/Human Rights We also relayed that, although members of difficult to implement. We also emphasized part of the mission, there is good cooperation opposite parties, we are able to effectively that enhanced engagement with Russia would with the Georgian authorities which has, for in- work together, especially when it comes to im- require a more constructive approach than stance, helped to clarify the distinctions be- portant issues. had been seen in the past from Russian par- We also applauded Georgia’s progress in tween Georgian police and armed forces. The ticipants in NATO PA events; that engagement the implementation of reforms, and reiterated EUMM’s work is limited, however because it needs to be a two-way street, but that never- the Assembly’s support for that process. Rep- cannot obtain access to South Ossetia or theless we would discuss Russia with Admin- resentative EMERSON commended the younger Abkhazia. In the military area, Georgia has istration officials upon our return to Wash- agreed to limits on the numbers and nature of generation for stepping up and taking respon- ington. weapons within a zone around the administra- sibility for leadership and the future course of Raising Afghanistan, Rogozin noted that tive boundary lines. This is seen as a substan- their country. We also welcomed the govern- Moscow intended to continue to allow the tran- tial confidence-building measure. ment’s decision to increase its force commit- sit of non-lethal goods bound for NATO forces Although much has been achieved, several ment to the International Security Assistance in Afghanistan. He also said he expects resist- key challenges remain. These include the con- Force (ISAF) in Afghanistan. ance from the Taliban to increase in response tinuing presence of Russian forces at Perevi We underlined that—as I stated in my to the U.S. troop increase in Afghanistan. and Akhalgori, the lack of clear dialogue with speech at the Strasbourg/Kehl Summit— Rogozin also offered that the crisis in NATO- Russian, South Ossetian, and Abkhazian rep- NATO enlargement threatens no one. Allied Russian relations over the August 2008 Rus- resentatives, unsolved shootings, persistent nations make good neighbors, and new mem- sia-Georgia war could turn out to be useful. acts of provocation, the reinforcement of de- bers promote regional and Euro-Atlantic sta- Noting that the decisions taken at the April 3– fensive positions on either side of the adminis- bility—ends that serve everyone’s interests— 4 Summit provided a way ahead on resump- trative boundary lines, and the EUMM’s lack of and Russia has no veto over the sovereign tion of the NATO-Russia Council (NRC), access to South Ossetia and Abkhazia. decisions of its neighbors. Rogozin said he hopes to get the relationship Representative EMERSON chairs the NATO The NATO Parliamentary Assembly does to a qualitatively new level. PA’s Civil Dimension of Security Committee not wish to interfere in Georgia’s internal af- We reiterated our hope that we can have and is considering taking her committee to the fairs, nor provide support for any particular open dialogue with the Russians on the issues border area, possibly sometime next year. party or faction. It supports Georgia, the Geor- and threats we have in common, such as nu- Our visit took place two days before dem- gian people, and Georgia’s right to determine clear proliferation and radical fundamentalism, onstrations were planned outside the Georgian its own future. and that our differences will not preclude us Parliament (for April 9). The purpose of the BELGIUM from having discussions on these common in- demonstrations was to demand the removal On April 8 in Brussels at NATO Head- terests. from office of Georgia’s President Mikheil quarters, I addressed the EAPC (Euro-Atlantic This was a very tightly choreographed trip, Saakashvili. Naturally, the demonstrations Partnership Council) Ambassadors. The meet- which depended on exact timing and move- were the subject of considerable discussion ing was chaired by NATO Deputy Secretary ment in order to achieve the results that it did; with government leaders, parliamentary sup- General Claudio Bisogniero. The EAPC brings therefore, the support of the United States porters, and opposition representatives from together 50 NATO Partnership countries (28 military was again essential to its successful within and outside the parliament. NATO countries and 22 Partner countries) for planning and execution. Our aircrew was from Government and parliamentary representa- dialogue on political and security-related F Company, 52nd Aviation Regiment, Wies- tives upheld the right to demonstrate and pro- issues, and provides the overall political baden Army Airfield, Germany. We could not test, but there was concern that protests might framework for NATO’s cooperation with Part- have made our intense schedule work without become violent. Officials also shared concern ner countries and the bilateral relationships their professional efforts and dedication to about how such demonstrations would be per- between NATO and individual Partner coun- duty. Also, I must mention our military escort, ceived internationally. Some opposition figures ties with the Partnership for Peace Program. Col. Tom Shubert, USAF (Ret.). He was the in parliament expressed fear that the dem- I delivered an overview of the Strasbourg/ facilitator in the various air movements and air onstrations might get out of hand. They ar- Kehl Summit and several Partners gave their space clearance. His work was extraordinary.

VerDate Nov 24 2008 04:35 May 08, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A07MY8.016 E07MYPT1 smartinez on PROD1PC64 with REMARKS E1090 CONGRESSIONAL RECORD — Extensions of Remarks May 7, 2009 HONORING PROFESSOR ED CELEBRATING THE 61ST ANNIVER- businesses not directly regulated or insured by DEPETERS OF DAVIS, CALIFORNIA SARY OF THE FOUNDING OF THE the Federal Government, an industry respon- NATION OF ISRAEL sible for nearly half the residential mortgage market before the housing crash. HON. MIKE THOMPSON HON. JERRY F. COSTELLO I am more hesitant to support other provi- OF CALIFORNIA OF ILLINOIS sions of S. 386. This bill includes an amend- IN THE HOUSE OF REPRESENTATIVES ment to establish a special commission to in- IN THE HOUSE OF REPRESENTATIVES Thursday, May 7, 2009 vestigate the causes of the current financial Thursday, May 7, 2009 crisis. I believe that any such commission Mr. COSTELLO. Madam Speaker, I rise should be comprised of members of this body, Mr. THOMPSON of California. Madam today to congratulate Israel on the 61st anni- who are furthermore from the committees of Speaker, I rise today to recognize Professor versary of its founding on May 14, 1948. jurisdiction relevant to the matter. I have intro- Israel is a true friend to the United States. Ed DePeters, the 2009 recipient of the Univer- duced a resolution, H. Res. 345, to do pre- For the past 61 years, Israel and the United sity of California, Davis Prize for Under- cisely that. It is my long-held belief that the States have been linked on many levels. We Congress should, contrary to the prevailing graduate Teaching and Scholarly Achieve- have sustained a strong partnership, sharing ment. This $40,000 prize, first awarded in fashion of the times, conduct its own oversight not only a commitment to peace and security work. For the simple fact that members of this 1987, is believed to be the largest under- in the Middle East, but also common demo- graduate teaching award in the nation. The body will ultimately write the legislation to re- cratic ideals and principles. impose a strict regulatory framework upon the prize is awarded to scholars who are success- Israel is a nation founded by people seeking financial services industry, they should be per- ful not only in their research, but convey their refuge from religious persecution. It has devel- sonally involved in vigorous efforts to expose oped into a thriving democracy proud of its excitement and love of scholarship to their stu- the many and sundry causes of this country’s achievements, building a strong and vibrant dents. recent economic collapse. In brief, well-in- society committed to the rule of law and sus- Professor DePeters, or ‘‘Dr. D’’ as students formed members of Congress write more ef- taining a robust economy. call him, is an animal scientist and expert in fective legislation. While Israelis continue to contribute a great dairy cow nutrition, but his hallmark at UC deal to society, the state of Israel exists in a With this in mind, I voice my support for ag- Davis is imparting his knowledge and passion dangerous neighborhood. It has weathered gressive oversight of the financial services infor these subjects to his students. continued attacks by Hamas and Hezbollah dustry, but respectfully object to the manner in Growing up on a farm in upstate New York, and faces an increasing threat from Iran. which S. 386, as amended, mandates it be Professor DePeters developed an interest in These are real obstacles to peace that threat- performed. animal agriculture that led him to Cornell Uni- en the safety of Israeli men, women, and chil- versity for a bachelor’s degree in animal dren, and affect the stability of the region. De- f science. He went on to Penn State for a mas- spite these challenges, Israel still works to- CONGRATULATING EAGLES OF ter’s degree in dairy science, but instead of reward peace and security with its neighbors. DESOTO HIGH SCHOOL turning home as he had planned, he continued Israel has taken meaningful, unilateral steps toward this end. It has fostered an amicable, his studies and earned his doctoral degree in working relationship with Egypt and Jordan, dairy science, which led him to a faculty posi- removed troops from Gaza and Lebanon, and HON. EDDIE BERNICE JOHNSON tion at UC Davis. has participated in open negotiations with the OF TEXAS Professor DePeters’ research focuses on Palestinian government to work toward a pro- how the composition of milk, particularly the ductive peace agreement for both sides. While IN THE HOUSE OF REPRESENTATIVES fatty-acid content, can be modified by changes the United States will remain an active player Thursday, May 7, 2009 in the cow’s diet, and how agricultural byprod- in the Middle East peace process, true peace ucts such as almond hulls and cottonseed can can only be achieved through a pragmatic and Ms. EDDIE BERNICE JOHNSON of Texas, be converted into nutritious feeds. His re- faithful approach constructed by regional au- Madam Speaker, I rise today to congratulate search has resulted in more than 120 scientific thorities. the Eagles of DeSoto High School on their vic- publications and is widely influential in the in- Madam Speaker, Israel wants peace, and tory over neighboring Cedar Hill High School. dustry. the United States must remain committed to This ‘‘Battle of Belt Line’’ has been played helping its friend achieve this goal. I stand many times over the years, but this was the Notwithstanding his research achievements, here today to affirm my commitment to the na- first time the state title was on the line. With Professor DePeters’ energy and personal con- tion of Israel and to congratulate our friend the Eagles win, DeSoto can now claim their cern have stood out in the minds of his stu- and partner on its 61st anniversary. second state basketball championship. These dents. Their reviews are peppered with com- f outstanding young men have come a long way ments like ‘‘very enthusiastic’’ . . . ‘‘really this past season and have made their commu- FRAUD ENFORCEMENT AND knows his material’’ . . . ‘‘very approachable’’ nity in Dallas County so very proud. RECOVERY ACT OF 2009 . . . ‘‘incredible teacher’’ . . . ‘‘funny and gift- Winning a state championship is something ed’’ . . . ‘‘the most motivated and dedicated SPEECH OF that will last a lifetime. It is a remarkable teacher’’ . . . ‘‘a great guy and awesome pro- achievement that few teams ever experience, fessor’’ . . . ‘‘I love this class; it’s top priority.’’ HON. JOHN D. DINGELL and it is a legacy that will live with the 2008– He teaches a lower-division course in livestock OF MICHIGAN 09 Eagles forever. The Eagles and Coach production and upper-division courses in dairy IN THE HOUSE OF REPRESENTATIVES Chris Dyer know what brought this state title cattle production and animal feeds and nutri- Wednesday, May 6, 2009 back to DeSoto—hard work. It is doing that tion. Mr. DINGELL. Madam Speaker, I rise in one extra sprint, that extra drill, shooting that Professor DePeters makes a point of learn- support of S. 386, the Fraud Enforcement and extra free throw after practice that helped make the Eagles champions. Nobody out- ing students’ names, and he takes pictures of Recovery Act. This legislation provides the worked the Eagles and nobody could beat each student and carries the pictures around Department of Justice with the tools it needs them in the state tournament. And nobody had with him until he has learned them all. to fight fraud in the use of funds under the Troubled Asset Relief Program, TARP, and a greater following or more community support Madam Speaker, it is appropriate at this the American Recovery and Reinvestment Act. than the Eagles of DeSoto High. time for us to acknowledge and thank Pro- S.386 has a number of provisions that seek to It is an honor to pay tribute to the entire Ea- fessor Ed DePeters for his years of exemplary protect Americans by ensuring the agencies gles squad and on behalf of all the residents work as a scholar and educator, and to con- tasked with investigating and prosecuting of Texas, congratulations again to the Eagles gratulate him on receiving this well-deserved mortgage and financial fraud have the funding of DeSoto High School and Coach Chris Dyer award. His commitment to inspiring and edu- and personnel they need to do so. I am also and the entire DeSoto community—you are an cating students has been unwavering, and he pleased the House recognizes the need for in- inspiration to us all. It is Eagles Pride at its fin- deserves our congratulations. creased accountability for mortgage lending est. Go Eagles!

VerDate Nov 24 2008 04:35 May 08, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A07MY8.018 E07MYPT1 smartinez on PROD1PC64 with REMARKS May 7, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1091 HONORING THE ST. CLOUD AREA HONORING REVEREND DR. LEROY HONORING BRYAN STONE CHAMBER OF COMMERCE AWARD SHELTON RECIPIENTS HON. LYNN A. WESTMORELAND HON. DALE E. KILDEE OF GEORGIA OF MICHIGAN HON. MICHELE BACHMANN IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES OF MINNESOTA Thursday, May 7, 2009 Thursday, May 7, 2009 IN THE HOUSE OF REPRESENTATIVES Mr. KILDEE. Madam Speaker, it is with Mr. WESTMORELAND. Madam Speaker, I Thursday, May 7, 2009 great sadness that I arise today and pay trib- rise today to honor Bryan Stone, named the ute to the life of Reverend Dr. LeRoy Shelton. 2009 Small Business Person of the Year by Mrs. BACHMANN. Madam Speaker, I rise Dr. Shelton passed away suddenly on Mon- the Small Business Council of America. To today to honor three people and companies day, May 4th. The Flint community has lost win this prestigious award one must possess that embody both the spirit of American entre- one of its greatest leaders and I have lost a entrepreneurial spirit, creativity, vision and preneurship and the heart of American public dear friend. His funeral is scheduled for Tues- managerial acumen as well as a profound service: John W. McDowall, owner of the day, May 12th at Christ Fellowship Missionary commitment to community service. McDowall Company, The Mahowald Insurance Baptist Church in Flint. As the owner of Columbus Gourmet, Bryan Agency, and Byron Bjorklund, owner of Short Dr. Shelton became the pastor of Christ Fel- Stone has grown his business while becoming Stop Custom Catering. Today, they will be lowship Missionary Baptist Church in 1987. an integral part of Muscogee County. honored by the St. Cloud Area Chamber of During this time the congregation grew in In 2004, Stone acquired a ‘‘mom and pop’’ Commerce for their outstanding success and numbers and strength. A committed member business called Kendrick Pecan and in just of Concerned Pastors for Social Change, he positive contributions to the St. Cloud commu- five years he has expanded rapidly into a was a vocal activist for those in need. He un- nity. thriving specialty food operation that now also derstood the challenges faced by individuals includes La Piccolina, Dodge City Steaks and I want to congratulate John W. McDowall, and advocated at all levels of government to Aunt Pearlie’s. His products now enjoy strong this year’s recipient of the Chamber’s Entre- improve the lives of our citizens. He served as regional brand recognition and the company preneurial Success Award. Mr. McDowall a delegate to the 1992 Democratic Convention now employs up to 30 people at a time. and attended the Inauguration of Bill Clinton to joined the family business after graduating Stone’s gourmet products line the shelves of the Presidency. In 1995 President Clinton in- high school in 1973 and worked his way up more than 900 grocery stores and he has li- vited Dr. Shelton to dinner at the White the ladder until being named President in censing agreements for specialties and com- House. 1999. Today, this construction company em- memorative items with the Kentucky Derby, He viewed his political involvement as an ploys 130 individuals and continues to earn an Coca-Cola, the PGA Tour, the National Infan- extension of his ministry to be Christ’s rep- try Foundation and Hank Aaron’s Chasing the impressive profit despite unexpected price in- resentative in a needy world. His love and Dream Foundation. creases and a sluggish economy. In addition concern for others knew no bounds. Dr. to running a successful business, Mr. Shelton loved his congregation and they loved Columbus Gourmet always cuts a slice for McDowall contributes to the community him. He said about being the pastor of Christ the local community, too. It provides vital re- through his involvement on numerous boards, Fellowship Missionary Baptist Church: sources to Partners in Education of Greater Columbus, which funds after-school programs, including Bremer, St. Cloud Technical College, To have shared twenty-three years in the St. Cloud Opportunities, and the Boys and life of the 80 years of this church . . . Canaan and it supplies Gourmet products that Rotary Clubs sell to raise money for charity projects. Girls Club. to Christ Fellowship Missionary Baptist Church. In the interim before my pastoring The 3rd Congressional District resident sup- I also want to recognize The Mahowald In- began, I was impressed with the commit- plements his company’s philanthropic work surance Agency for earning the Chamber’s ment, dedication, and love the members with his own. Though he’s lived there only a Mark of Excellence Award. The family-owned demonstrated towards one another. My men- short time, he’s already a member of the business, which has been passed to four gen- tor, the late Alfred L.C. Robbs afforded me every opportunity to grow, develop, and Board of Directors of the Columbus Chamber erations, began in 1930 when Anthony above all study formally to prepare myself of Commerce and he’s served in a leadership Mahowald started going door to door every spiritually. with the local Republican Party. week collecting premiums for life insurance Fortunately, I earned the opportunity to Madam Speaker, we’re justifiably proud in polices he sold. When Tony’s son, Robert become his successor. Realizing that no one Georgia of our strong small business culture Mahowald, took over in 1956, he expanded can ever fill the shoes of anyone, not even by and the entrepreneurial spirit of our people following in the path trod before, the con- the agency beyond personal insurance cov- gregation enveloped me and has worked with who have helped our state grow and thrive. erage. The Mahowald Insurance Agency me in a Christian manner. In the midst of Bryan Stone exemplifies the hard work, risk- serves people, businesses, and even the hills and valleys, there has been much love. taking and perseverance that has made our schools of the St. Cloud area—and hopefully As great as the past has been, we have not economy the greatest in the world. ceased. We are striving to make the next for many generations to come. I ask the House to join me in congratulating years a journey upon which our Lord will be Bryan Stone on winning the Small Business able to place a stamp of approval and say: Last but not least, I want to recognize Byron Person of the Year award. On behalf of the Bjorklund, owner of the Short Stop Custom ‘‘Well done, my good and faithful servants.’’ It is our hope that you will have an oppor- people of Georgia’s 3rd Congressional District, Catering and the 2009 St. Cloud Area Small tunity to visit our church, ‘‘Where Christian we’re proud to have Bryan Stone as our Business Person on the Year. Beginning his Fellowship Is Real.’’ neighbor. career at the young age of 11, Mr. Bjorklund Madam Speaker, Reverend Dr. LeRoy started in the fast food industry and in 1995, Shelton has traveled home to be with Our f his business evolved into a catering service. Lord, Jesus Christ. During his time with us, Dr. PERSONAL EXPLANATION He has experienced a nearly 25 percent Shelton touched lives, healed spirits, empow- growth by establishing solid relationships with ered the poor, and brought Christ’s abundance a variety of businesses and organizations. And to disheartened. He traveled the road to salva- HON. ADRIAN SMITH tion with many people. My life is better for thanks to his entrepreneurship, more than 100 OF NEBRASKA people have full-or part-time employment. having known him and I share in the sorrow felt by the Christ Fellowship family. My condo- IN THE HOUSE OF REPRESENTATIVES Madam Speaker, I applaud these out- lences go out to his wife, Claudia, his children Thursday, May 7, 2009 standing individuals and businesses who have and to the members of Christ Fellowship. Dr. worked hard to achieve the American dream Shelton was a truly great Christian. I ask the Mr. SMITH of Nebraska. Madam Speaker, of free enterprise and serve our community by House of Representatives to stand with me on rollcall No. 211 on the Family Self-Suffi- ensuring small businesses remain the job en- and applaud the life, charity and legacy of ciency Program, H.R. 46, had I been present, gine of America. Reverend Dr. LeRoy Shelton. I would have voted ‘‘yea.’’

VerDate Nov 24 2008 04:35 May 08, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A07MY8.022 E07MYPT1 smartinez on PROD1PC64 with REMARKS E1092 CONGRESSIONAL RECORD — Extensions of Remarks May 7, 2009 WELCOMING THE ROMANIAN ment to NATO missions. I join all of my col- She was often in the audience during his lec- MINISTER OF FOREIGN AFFAIRS leagues in applauding Romania’s pledge to tures and performances. Whether he was re- maintain its troops in Kosovo, as well as in Af- citing ‘‘The Ballad of Sam McGee’’ around a HON. ROBERT WEXLER ghanistan, where it already has approximately campfire with a troop of Boy Scouts, or re- OF FLORIDA 860 troops deployed. We are also grateful that searching history at the Washington County IN THE HOUSE OF REPRESENTATIVES the Romanian government has pledged to Historical Society, Bart Anderson was happiest send additional trainers and medical personnel when he was immersed in folklore. He re- Thursday, May 7, 2009 to the mission in Afghanistan. ceived many local state and national honors, Mr. WEXLER. Madam Speaker, I rise today Madam Speaker, it is essential that Con- including an award as Outstanding Volunteer as Chairman of the Subcommittee on Europe gress continue to support and enhance co- from former First Lady Hillary Clinton. in the House Committee on Foreign Affairs, to operation between the U.S. and our ally Ro- One of his close friends—Lyman Hafen— welcome Romanian Foreign Minister Cristian mania. As a staunch supporter of American- told the local newspaper that Anderson was Diaconescu to the United States. It is an Romanian relations, I urge my colleagues to one-of-a-kind—with a heart as big as Zion honor to meet with Foreign Minister join me in welcoming Foreign Minister Canyon. I was very proud to be his friend and Diaconescu and highlight his extraordinary Diaconescu and the Romanian delegation to while he will be missed, he will never be for- role, and that of our North Atlantic Treaty Or- the United States, and I thank the Foreign gotten. ganization (NATO) and European Union (EU) Minister for his efforts and unwavering com- f ally and partner Romania, in addressing mitment to this unbreakable bond between our pressing international challenges including two nations. FIRST AID SQUAD OF WEEHAWKEN, NEW JERSEY NATO-Russian relations, the Balkans, Iraq, Af- f ghanistan and Iran’s developing nuclear program. It is clear to members of Congress and HONORING THE LIFE AND WORK HON. ALBIO SIRES the Administration that Romania is integral to OF BART ANDERSON OF NEW JERSEY American, European Union and international IN THE HOUSE OF REPRESENTATIVES efforts to promote democracy, rule of law and HON. JIM MATHESON Thursday, May 7, 2009 human rights. OF UTAH As many of my colleagues know, Foreign Mr. SIRES. Madam Speaker, I rise today in Minister Diaconescu assumed his current role IN THE HOUSE OF REPRESENTATIVES honor of the Volunteer First Aid Squad of at the head of Romania’s Ministry of Foreign Thursday, May 7, 2009 Weehawken, New Jersey, which is celebrating Affairs in December 2008. He has repeatedly its 40th Anniversary on May 8, 2009. This or- Mr. MATHESON. Madam Speaker, southern expressed a strong commitment to enhancing ganization has provided 40 years of free Utah has lost a local treasure with the passing transatlantic relations and has been unwaver- emergency medical service to the Township of of Bart Anderson of St. George, Utah. ing in championing the values our two nations Weehawken and the North Hudson Commu- Bart Anderson was often described by peo- share. To that end, the Foreign Minister has nity. ple who meet him for the first time as ‘‘bear- been vocal in promoting political and eco- In 1969, the Weehawken Volunteer First Aid sized Bart Anderson’’. He loomed large in the nomic reform in Eastern Europe by strength- Squad was the first volunteer squad to form in community life of Washington County. He was ening democratic institutions and structures, Hudson County. It is now only one of two re- a retired St. George hematologist, historian and working to end conflict in Europe through maining volunteer squads still operating in the and folklorist. Everyone knew him as ‘‘Ranger the framework of the Organization for Security County. Over the last forty years, the squad Bart’’ because he devoted his golden years to and Cooperation in Europe (OSCE). has responded to over 75,000 calls for help, giving slide shows at nearby national parks— I also want to praise Romania’s efforts in providing initial medical treatment and trans- including Zion National Park—as well as at supporting the EU’s Eastern Partnership ef- portation to the appropriate medical facility at state parks. forts that will bolster democratic transformation no charge to the patient. in this region and hopefully lead to closer EU I knew Bart Anderson as a man with a pas- The squad primarily covers the Township of and Western relations with Belarus, Ukraine, sion for the stories of this part of the West, Weehawken, and for the last twenty years, the Moldova, Georgia, Armenia and Azerbaijan. known as Utah’s Dixie—so named because Town of Guttenberg, it has been directly in- It is my understanding while in Washington, cotton was one of the crops grown by the volved in all of the most serious incidents that Foreign Minister Diaconescu will meet with Mormon settlers here at the time of the Civil have struck the metropolitan area. In 1993 the Obama Administration officials and members War. squad responded to Manhattan to provide as- of Congress to discuss issues of importance One of Bart’s most popular presentations sistance to the World Trade Center when it to both the United States and Romania, in- was one on the outlaw Butch Cassidy. It fea- was first attacked by terrorists. It then coordi- cluding economic, political and security condi- tured vintage photos of Butch Cassidy, who nated treatment of tens of thousands of the tions in Eastern Europe, the Balkans, the Bart often pointed out, could charm the locals victims that were evacuated to New Jersey Caucasus and Black Sea regions. I welcome and even the lawmen of that era. after the second terrorist attack in 2001. the discussion of these important and timely Bart was a talented and versatile man, who Two years later the volunteer squad pro- issues and the opportunity to highlight Roma- turned down a number of more lucrative busi- vided comfort to thousands of commuters who nia’s strong military and security commitments ness offers because they would take him were stranded in New York City during the in Afghanistan and Iraq alongside U.S. and away from Dixie and he said he had too much blackout of 2003. Most recently, the squad co- NATO forces. I know I share the sentiments of red dirt running through his veins to leave. ordinated the response of over 50 emergency all Americans in expressing our gratitude for As a child, he contracted polio and when medical service units who responded to the the sacrifice of brave Romanian troops, includ- doctors said he wouldn’t walk again, his father Weehawken Ferry Terminal to assist treating ing those killed in the line of duty. threw him in the swimming pool to help make passengers of the ‘‘Miracle on the Hudson’’ As a member of Congress who has strongly him strong. When he was 11, Bart’s father ar- plane crash. supported expansion of the Visa Waiver Pro- ranged for him to work for the Boy Scouts as The squad has been a training ground for gram (VWP) to critical allies such as Romania, a guide into the back country. He developed many residents who have chosen careers in I look forward to discussing Bucharest’s a great love of hiking, including the Grand the medical profession. Over, the years, the progress with the Foreign Minister and his na- Canyon. volunteer squad has been honored to have six tion’s future participation in this program. As an adult, he merged his love of hiking members who have gone on to become med- Madam Speaker, Romania is a strategic with his passion for story-telling by giving ical doctors, and hundreds who have chosen partner of the United States, and in its fifth walking tours in downtown St. George. That careers as nurses, paramedics and emer- year as a NATO member Romania has con- morphed into a series of history lectures for gency medical technicians. tributed at the highest levels in several mis- which he developed over 100 slide programs Please join me in congratulating the sions worldwide. In April 2008, Bucharest that communicated his love of place to resi- Weehawken Volunteer First Aid Squad and all hosted the largest NATO Summit in history dents and visitors alike. members of the squad for providing the resi- and was recently praised by NATO Secretary He married his sweetheart—Delorice— dents of Weehawken, Guttenberg and North General Jaap de Hoop Scheffer for its commit- whom he called ‘‘the wind beneath my wings.’’ Hudson with excellent emergency health care.

VerDate Nov 24 2008 04:35 May 08, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A07MY8.026 E07MYPT1 smartinez on PROD1PC64 with REMARKS May 7, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1093 PAYING TRIBUTE TO THE CHURCH HONORING MEMBERS IN THE 547TH the District of Columbia that Congress itself OF OUR LORD JESUS CHRIST OF TRANSPORTATION COMPANY began with the passage of the Home Rule Act THE APOSTOLIC FAITH OF HAR- of 1973. Congress delegated most if its au- LEM ON THEIR 90TH FOUNDERS HON. ELEANOR HOLMES NORTON thority to the District of Columbia. The District DAY OF THE DISTRICT OF COLUMBIA of Columbia Executive National Guard Act fol- IN THE HOUSE OF REPRESENTATIVES lows this model. HON. CHARLES B. RANGEL Thursday, May 7, 2009 I urge my colleagues to support this bill. OF NEW YORK Ms. NORTON. Madam Speaker, today I f IN THE HOUSE OF REPRESENTATIVES also introduce a second bill in honor of mem- Thursday, May 7, 2009 bers of the 547th Transportation Company, IN RECOGNITION OF IRAN’S NUCLEAR THREAT Mr. RANGEL. Madam Speaker, it is with who deployed to Iraq last Saturday. The Dis- great honor and enthusiasm that I rise to con- trict of Columbia Executive Guard Act would gratulate Chief Apostle Bishop William L. give the Mayor of the District of Columbia HON. ELTON GALLEGLY Bonner and the Church of Our Lord Jesus some additional authority over the District of OF CALIFORNIA Christ of the Apostolic Faith of Harlem for or- Columbia National Guard (DCNG). In cir- IN THE HOUSE OF REPRESENTATIVES cumstances constituting local emergencies, in- ganizing its 90th Pre-Centennial Founders Day Thursday, May 7, 2009 at the Greater Refuge Temple in honor of cluding natural disasters and civil disturbances founder, Bishop Robert Clarence Lawson. unrelated to national or homeland security, but Mr. GALLEGLY. Madam Speaker, I rise to To speak of the Church of Our Lord Jesus not homeland security matters, the mayor of recognize the threat Iran’s potential nuclear Christ as an organization is to speak of its il- the District of Columbia should have the same weapon capabilities have on the Middle East, lustrious and dynamic founder, the late apos- authority as governors. The National Guards the world, and particularly Israel. tle, Bishop Robert C. Lawson, D.D., LL.D. We in the 50 states operate under similar dual In March, President Obama offered to open can safely say that God made His choice to federal and local jurisdiction. Yet, the Presi- a dialogue with Iran. His olive branch was im- use this dedicated man to work His divinely in- dent of the United States alone has the au- mediately met with scorn by Iranian President spired plan for this great organization. For it thority to call up the DC National Guard for Mahmoud Ahmadinejad. Iran has not cooled was by his Herculean effort and prolific any purpose here, local or national. Each gov- its international animosity since then, as noted preaching and the mastery of the inspired ernor, however, as the head of state, has the by Defense Secretary Robert Gates as re- scriptures that Bishop Lawson, with tenacity authority to mobilize the National Guard to cently as Tuesday. and determination hewed from the villages, cit- protect the local jurisdiction, just as local mili- Talk is fine if it is premised in achieving re- ies, towns and hamlets, the dynamic organiza- tia did historically. Today, the most likely need alistic goals, but the Iranian regime has used tion known as the Church of Our Lord Jesus for the National Guard would be because of past efforts at negotiation to delay and divide Christ of the Apostolic Faith Inc. natural disasters or to restore order in the the United States and our allies in our efforts It was in the year of 1914 when Mr. Lawson wake of civil disturbances. The mayor, who to turn Tehran from a nuclear enrichment pro- accepted the word of God and was baptized knows the city better than any federal official gram that clearly could be used for nuclear in the name of Jesus and received the Holy and works closely with federal security offi- bombs. Ghost. A supernatural event took place in his cials, should be able to call on the DCNG to Time for an open hand policy is running out. life, namely the miraculous healing of his body cover local natural disasters or civil disturb- I believe it is time to up the stakes on Iran. from consumption. This occurrence was ances without relying on the President, who One way to accomplish that would be to stamped indelibly upon him and played a should be preoccupied with national matters, pass the Iran Threat Reduction Act, H.R. major part in the shaping of his inspired faith including homeland security, which would re- 1208, which was introduced by Foreign Affairs healing ministry. main the sole province of the President, along Committee Ranking Member ILEANA ROS- By his own testimony we learned that with the existing power to nationalize the D.C. LEHTINEN. H.R. 1208, of which I am an original Bishop Lawson was divinely called by the Lord National Guard at will. As it is, the President cosponsor, would extend current U.S. sanc- through a whirlwind, hearing the voice of God must rely on a delegated official with little fa- tions until the president certifies Iran has dis- saying ‘‘Go Preach My Word! I mean you! I miliarity of the city to call up the National mantled its weapons of mass destruction pro- mean you! I mean you! Go preach My Word.’’ Guard to duty here for any purpose. It does no gram and ceased its support for international The Church of Our Lord Jesus Christ had its harm to give the mayor the authority for civil terrorism. It also would significantly increase inception in the year 1919. Bishop Lawson, and natural disasters. However, it could do U.S. pressure on Tehran to do both. then Elder Lawson was invited to a prayer significant harm to leave him or her powerless The bill would sharply increase U.S. efforts meeting, which was in progress in a basement to act quickly. If it makes sense that a gov- to stop the shipment of refined petroleum and in the 40th Street area of New York City. So ernor would have control over the mobilization natural gas products to Iran, as well as mate- energetic was his service to the Lord, that his and deployment of the state National Guard, it rials needed for building or maintaining oil and fame spread abroad and reached the ears of makes the same sense for the mayor of the gas pipelines. Furthermore, the bill completely Mr. and Mrs. James Burleigh and Mr. and District of Columbia, with a population the size prohibits U.S. importation of most Iranian Mrs. Edward Anderson. These two blessed of that of small states, to have the same au- products. It also denies U.S. foreign tax cred- couples opened their homes to Elder Lawson thority. its to Americans engaged in business activity and their home today is affectionately thought The mayor of the District of Columbia, act- with Iran that is prohibited by U.S. law. of as the ‘‘Cradle of the Church of Our Lord ing as head of state, should have the authority March 17 marked the 17th anniversary of Jesus Christ’’. to call upon the D.C. National Guard in in- the bombing by Iranian proxies of the Israeli Within a short period of time, the congrega- stances that do not rise to the level of federal Embassy in Buenos Aires that killed 29 and tion outgrew its place of worship, having ap- importance necessary to implicate the author- wounded 242. It is but one of hundreds of at- proximately 200 members, and larger quarters ity of the President. Today, requiring action by tacks Iran has made against Israel and the had to be sought. Bishop Lawson purchased the President of the United States could en- United States in a war Iran seems committed the site at 52–54–56 West 133 Street and re- danger the life and health of D.C. residents, to continue. located his thriving church. It was there that visitors and federal employees. Procedures Without direct Iranian support, Tehran’s his vision was enlarged and the Lord laid upon that require the mayor to request the needed proxies, llamas in Gaza and Hezbollah in Leb- his heart to conduct a tent revival and great assistance from the commander in chief for a anon, would be far less formidable foes for numbers were added to the church. local National Guard matter are as old as the Israel. Without Iranian Revolutionary Guards The clarion call for our illustrious leader republic, and as dangerously obsolete today. and Iranian weapons, the United States would came on Sunday, July 2, 1961, and Bishop Moreover, this bill merely delegates the Presi- have suffered hundreds of fewer casualties in Lawson a prince of preachers, the Bible An- dent’s authority in specific circumstances and Iraq. swer man, God’s shining star departed this would not deprive the President of his author- Madam Speaker, the time for talk has life. The words of our famed pioneer and ity over the D.C. National Guard at will, as the ended. The United States should increase the Apostle are still resounding in our ears: ‘‘Add Congress can do in making laws for the Dis- pressure on Iran immediately. I therefore urge Thou To It, Add Thou To It,’’ and the answer trict despite delegated home rule. This bill is my colleagues to cosponsor the Iran Threat comes from the Church of Our Lord Jesus another important step necessary to complete Reduction Act and I urge leadership to bring Christ, we will, we shall, we have. the transfer of full self-government powers to it to the floor for quick passage.

VerDate Nov 24 2008 04:35 May 08, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A07MY8.029 E07MYPT1 smartinez on PROD1PC64 with REMARKS E1094 CONGRESSIONAL RECORD — Extensions of Remarks May 7, 2009 SUPPORTING NATIONAL PERSONAL EXPLANATION Americans saw much of their life savings and COMMUNITY COLLEGE MONTH their home equity disappear. Nest eggs evap- HON. MICHAEL E. CAPUANO orated literally overnight. Plans for a college education dashed. The dream of homeowner- SPEECH OF OF MASSACHUSETTS IN THE HOUSE OF REPRESENTATIVES ship turned into a nightmare of foreclosure. HON. KEN CALVERT Today, unemployment continues to rise, Thursday, May 7, 2009 credit markets are in a shambles, and busi- OF CALIFORNIA Mr. CAPUANO. Madam Speaker, on Mon- nesses large and small are closing. The prob- IN THE HOUSE OF REPRESENTATIVES day, May 4, 2009, and Tuesday, May 5, 2009, lems in our banking and financial system have I was unable to be in attendance and missed infected the global economy, undermining con- Tuesday, May 5, 2009 several rollcall votes as a result of an illness. fidence in our own markets. I wish to state for the record how I would have To boost sagging demand in our economy, Mr. CALVERT. Mr. Speaker, as a former voted had I been present: Rollcall No. 229— the federal government is now spending hun- student who attended community college, I ‘‘yes’’; Rollcall No. 230—‘‘yes’’; Rollcall No. dreds of billions of dollars at a pace that is un- stand in strong support of H. Res. 338, a reso- 231—‘‘yes’’; Rollcall No. 232—‘‘yes’’; Rollcall precedented in our history. As the Congress lution which supports the goals and ideals of No. 233—‘‘yes.’’ and the new administration put in place meas- National Community College Month. Our na- f ures to resolve this crisis, it is time for the tion’s community colleges provide the dream Congress to provide the American people with of achieving a higher education to millions of RECOGNIZING RIVERDALE HIGH a clear assessment on how we got into this students each year. Community colleges are SCHOOL mess and what ought to be done to prevent it the nation’s key supplier of workforce develop- from happening again. ment and retraining needs and in addition, HON. DEVIN NUNES Frankly speaking, given all the money that’s they build lasting partnerships and contribute OF CALIFORNIA been spent, the American people deserve a significantly to the communities they serve. My IN THE HOUSE OF REPRESENTATIVES full accounting. They deserve an honest and congressional district is home to one of the Thursday, May 7, 2009 unvarnished assessment of the causes of this oldest and most diverse community colleges in crisis. Because, without a thorough diagnosis, California—the Riverside Community College Mr. NUNES. Madam Speaker, I rise today how can we make sure that a crisis like this District—so I am proud to express my support to honor and congratulate the faculty and stu- never happens again? of National Community College Month. dents of Riverdale High School for a truly re- That is why I am joining with Congressman markable achievement. STEVEN LATOURETTE in calling for the estab- f On May 12, Riverdale High will be awarded lishment of an independent, bipartisan com- the National College Board’s Inspiration mission, charged with examining the root RECOGNIZING THE 17TH ANNUAL Award—an award that recognizes America’s causes of the current global financial crisis. LETTER CARRIERS NATIONAL three most improved secondary schools. It would resemble the 9/11 Commission in FOOD DRIVE As many of my colleagues will recall, the its objectivity and independence and have one National College Board’s Inspiration Award year to investigate the crisis. It would have the seeks out schools with high academic stand- authority to refer to law enforcement any evi- HON. ROSA L. DeLAURO ards, as well as schools that encourage stu- dence that institutions or individuals may have dents to prepare for college. Once selected, OF CONNECTICUT violated existing laws. At the end of its inves- recipients are afforded national recognition tigation, the Commission will report to the IN THE HOUSE OF REPRESENTATIVES and a check for $25,000. President and to the Congress its rec- Madam Speaker, Riverdale High School has Thursday, May 7, 2009 ommendations for statutory or regulatory approximately 1,500 students. More than 80 changes necessary to protect our country from Ms. DELAURO. Madam Speaker, it is with percent are on free or reduced lunch. Almost a repeat of this financial collapse. great pleasure I rise to recognize and show half of the school’s students are migrants and I voted against the Wall Street bailout pro- my support for the 17th Annual Letter Carriers a quarter of the population is learning English posals last fall, because, as I said back then, National Food Drive. for the first time. Despite these challenges, they did not deal with the root causes of the Riverdale High offers an academically rigorous The Letter Carriers National Food Drive is crisis; they failed to give the American people environment, including 12 AP courses, a cho- being conducted in more than 10,000 cities a full and fair accounting of what happened; ral and music program, as well as ROP, and and towns, in every congressional district in all and they failed to hold accountable those who drama and agriculture curriculum. caused the crisis. 50 states and jurisdictions. On May 9th, letter With this academic rigor has come great carriers will collect food from their postal cus- Today, I still believe we must do this and academic achievement. Riverdale High School unless we take these actions, we will be failing tomers along their route. This is the largest has achieved a graduation rate of 98 percent one-day food drive in the country with nearly in our responsibility as an institution to fully over the past three years. Of these young serve the people who elected us. I urge my one billion pounds of food being donated to men and women, 90 percent are continuing food banks and pantries since its inception. colleagues and all Americans to support this their education. proposal. The Annual Letter Carriers National Food Simply put, they are doing amazing work in f Drive is made possible by the letter carriers this small community. You cannot argue with represented by the National Association of results and I would like to extend my con- CODY TURNBULL Letter Carriers (AFL–CIO), rural letter carriers, gratulations to all of the people who have other postal employees and volunteers, as made this honor for Riverdale High possible. SPEECH OF well as the countless citizens who donate. To f HON. SAM GRAVES participate, all someone has to do is place a OF MISSOURI IT’S TIME TO FIND OUT WHAT box or can of non-perishable food next to the IN THE HOUSE OF REPRESENTATIVES CAUSED THE ECONOMIC MELT- mailbox on May 9th and a letter carrier will Tuesday, May 7, 2009 collect it and bring it back to the postal station DOWN to be sorted before it is delivered to a local Mr. GRAVES. Madam Speaker, I proudly food bank. HON. WILLIAM D. DELAHUNT pause to recognize Cody Turnbull of Weston, Missouri. Cody is a very special young man To nearly 35.5 million people in our country, OF MASSACHUSETTS IN THE HOUSE OF REPRESENTATIVES who has exemplified the finest qualities of citi- hunger is a daily struggle. During this troubling zenship and leadership by taking an active economic time, many families are finding it in- Thursday, May 7, 2009 part in the Boy Scouts of America, Troop 249, creasingly difficult to put food on the table. Mr. DELAHUNT. Madam Speaker, I rise and earning the most prestigious award of This year, more than ever, donations are today as the current economic crisis continues Eagle Scout. needed. to take a devastating toll on families and busi- Cody has been very active with his troop, I urge my colleagues to stand with me and nesses across this nation, and the world. participating in many Scout activities. Over the recognize and support the 17th Annual Letter Never before have we witnessed so much many years Cody has been involved with Carriers National Food Drive. economic turmoil. Within a matter of months, Scouting, he has not only earned numerous

VerDate Nov 24 2008 04:35 May 08, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MY8.032 E07MYPT1 smartinez on PROD1PC64 with REMARKS May 7, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1095 merit badges, but also the respect of his fam- propriate. A school’s direction ought to be can and will be in their children’s education. ily, peers, and community. agreeable to parents. The final word ought to They are finding ways to reduce class size, Madam Speaker, I proudly ask you to join be with parents. If the parents are satisfied, deliver the Core Curriculum to smaller school me in commending Cody Turnball for his ac- who else cares and what else matters? communities, and increase individualization of complishments with the Boy Scouts of Amer- Schools are for the kids and the parents and instruction. ica and for his efforts put forth in achieving the no one else. Charter schools are helping our public edu- highest distinction of Eagle Scout. Charter schools take us a large step in that cation system to be the best it can be for f direction—the direction of treating parents as every child. I commend the parents, teachers, the customers. In Utah, there are currently 67 administrators, and creative innovators in- IN HONOR OF THE NATIONAL AS- charter schools serving 27,000 kids, and there volved in charter schools throughout the coun- SOCIATION OF LETTER CAR- are several more slated to open this year. try. RIERS AND THE OHIO STATE AS- Several have a specific emphasis on math f SOCIATION OF LETTER CAR- and science, and several others focus on the RIERS ANNUAL FOOD DRIVE TO arts. The curriculum is often selected by par- A TRIBUTE TO SISTER JULIA ‘‘STAMP OUT HUNGER’’ ents. There are no geographical boundaries to MARY FARLEY, C.S.J. ON THE any of them. Some charters belong to a OCCASION OF THE 25TH ANNI- HON. PATRICK J. TIBERI school district, and others are their own dis- VERSARY OF HER WORK AS FOUNDING DIRECTOR OF GOOD OF OHIO trict. SHEPHERD CENTER FOR HOME- IN THE HOUSE OF REPRESENTATIVES There is often a higher demand than there is supply of seats in a charter, so in Utah LESS WOMEN & CHILDREN IN Thursday, May 7, 2009 those seats are generally awarded by a lottery LOS ANGELES Mr. TIBERI. Madam Speaker, I rise today to system. Nationally, there are more than honor and recognize the dedication and 365,000 kids on charter school waiting lists. HON. LUCILLE ROYBAL-ALLARD achievements of the National Association of Why is it that parents want their kids to attend OF CALIFORNIA Letter Carriers and the Ohio State Association charter schools? It’s because a charter school IN THE HOUSE OF REPRESENTATIVES of Letter Carriers. May 9th, 2009 marks the meets their needs better. Charter schools take Thursday, May 7, 2009 17th annual NALC National Food Drive to us closer to the goal of treating the parents as ‘‘Stamp Out Hunger.’’ On that day, letter car- the customers. In many cases charters have a Ms. ROYBAL-ALLARD. Madam Speaker, I riers will collect non-perishable donations from large percentage of students who are either rise today to pay tribute to Sister Julia Mary homes as they deliver mail along postal minorities or economically disadvantaged—in Farley, an extraordinary and dedicated woman routes. one Utah charter, 70% of the students fall in who has been providing care and shelter for Letter carriers from over 10,000 cities and this category. Many of these are kids who homeless women and children in the 34th Dis- towns in all 50 states, the District of Columbia, haven’t done well in traditional public schools, trict in Los Angeles for the last quarter of a Puerto Rico, and Guam collected a record set- but who thrive in the charter school. Several century. On May 15, 2009, friends and sup- ting 73.1 million pounds in last year’s drive. studies have backed this up by showing that porters of the Good Shepherd Center for The drive is held annually on the second Sat- kids who are behind academically do better in Homeless Women & Children will celebrate urday in May. Donations will be collected by a charter school than they would in a tradi- the center’s 25th anniversary and honor Sister more than 1,400 local branches of the tional public school. Charters are able to inno- Julia Mary for her years of service to the 300,000-member postal union and delivered to vate, find creative ways to meet the needs of homeless. food banks, pantries and shelters in the com- parents and kids, and the customer is satis- A native of Chicago, Sister Julia Mary has munities where they are collected. fied. been a member of the Sisters of St. Joseph of I am honored to have the opportunity to rec- In that sense, charter schools are the most Carondelet since 1951. She has a Master’s ognize the National Association of Letter Car- accountable of all our public schools. They’re Degree in Health Administration from the Uni- riers and the Ohio State Association of Letter directly accountable to parents, because if the versity of California, Los Angeles, and an hon- Carriers for their dedication and hard work in parents aren’t satisfied, they’ll take their kids orary Doctor of Humane Letters degree from the communities to help provide food for the elsewhere. In Utah, it’s working. According to Loyola Marymount University. As a hospital growing number of American families facing one study, 94% of parents gave their chil- administrator, Sister Julia Mary worked in hos- hunger in these difficult economic times. dren’s charter school an A or B grade. The pitals in Lewiston, Idaho, and Pasco, Wash- f success of Charter schools should also teach ington, St. Mary’s Hospital in Tucson, Arizona, us the potential of the public education sys- and Daniel Freeman Hospitals in Inglewood SUPPORTING NATIONAL CHARTER tem. Charter schools are not private schools. and Marina del Rey, California. She also SCHOOLS WEEK They are public schools. Public schools can taught at Mount St. Mary’s College and sev- easily compete with private schools when the eral elementary schools in Los Angeles. In SPEECH OF public schools are released from bureaucratic 1983, Sister Julia Mary joined the staff of An- HON. ROB BISHOP restrictions and allowed to be creative. Only gels Flight, a crisis intervention center for run- IN THE HOUSE OF REPRESENTATIVES with the freedom to be creative can any away teenagers operated by Catholic Charities of Los Angeles, Inc. Wednesday, May 6, 2009 school meet the individual needs of students and parents. Without choices and freedom to The following year, Cardinal Timothy Man- Mr. BISHOP of Utah. Mr. Speaker, I’m hon- be creative, kids become a widget on a con- ning noticed that the number of homeless ored to be able to sponsor this resolution com- veyor belt to the local school ‘‘factory.’’ women on the street around St. Vibiana’s Ca- mending Charter Schools for their contribu- There are a number of things we can do to thedral in downtown Los Angeles was increas- tions to education, and designating this week allow charters to continue to grow, including ing dramatically. To address this disturbing as National Charter School Week. Successful eliminating the caps on the number of charter trend, he initiated the establishment of a pro- businesses don’t build a product and then find schools, and addressing inequitable funding gram to provide emergency services to home- a target group to which to market their prod- treatment. We will continue to encourage less women. He named Sister Julia Mary as uct. Successful businesses pick a target these reforms, and we’ll continue to lower the the new program’s director. group, find a need, then build a product that barriers to innovation and creativity in edu- Since 1984, the Good Shepherd Center has satisfies that need. cation. empowered women to move from homeless- When we talk about reforming education, One member of the Utah State Charter ness to self-sufficiency through its housing, we must remember that parents are the target School Board said, in many ways, charter employment, and support services. Under Sis- market. Kids belong to the parent, not to an schools are doing for education what the print- ter Julia Mary’s leadership, the center has educator or a legislator. We unfortunately for- ing press did for the world of communication. grown from an emergency shelter and drop-in get this too often. There is sometimes an insti- Charter schools have promised creativity, in- center to five residential facilities offering a tutional attitude of antagonism toward parents. novation, inspiration, and motivation, and I be- broad spectrum of employment and support In a 1910 essay entitled How We Think, even lieve they have delivered. services a quarter of a century later. John Dewey wrote that one inhibitor to prob- Charter schools have ignited the desire to Following the opening of the emergency lem solving was parental values. One could rethink aspects of our nation’s education sys- shelter and drop-in center on May 6, 1984, ask whose values would have been more ap- tem. They have shown how involved parents Good Shepherd Center expanded its services

VerDate Nov 24 2008 04:35 May 08, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\K07MY8.003 E07MYPT1 smartinez on PROD1PC64 with REMARKS E1096 CONGRESSIONAL RECORD — Extensions of Remarks May 7, 2009 over the next eight years. The center added a served as a Noncommissioned Officer with the knowledge the value and power of our peo- Mobile Outreach Program to take food, cloth- 143d Evacuation Hospital in the California Na- ple’s prayers by designating specific times ing, offers of shelter and words of hope to tional Guard. In 1980 she graduated from Offi- where we encourage prayer for the future of women on the street. In 1988, the center’s cer’s Candidate School and was commis- our country. President Truman declared the Belmont Avenue shelter expanded to provide sioned as a Medical Service Corps officer. first National Day of Prayer in 1952, and in transitional housing for 30 single homeless She served as a Health Services officer in the 1988 President Reagan signed a law declaring women, and four years later, the center estab- 175th Medical Brigade and commanded the that the first Thursday in May would be an an- lished a transitional residence serving nine 980th MEDSOM and the 308th Medical Com- nual National Day of Prayer. mothers and 20 children in an old Craftsman pany. Colonel Helton was activated and I can think of no greater calling than for house. served in Kuwait during Desert Storm in the people of all ages, races, and religious creeds In 1998, fulfilling Sister Julia Mary’s dream, 3d Medical Command as a medical logistics to join together and raise their prayers and pe- the center opened the first phase of the officer and as the Director of Medical Rede- titions to the Almighty. ‘‘Women’s Village.’’ The Hawkes Transitional ployment. After returning to the United States To that end, the YMCA of Middle of Ten- Residence provides transitional and affordable she returned to active duty and served as an nessee and the Operation Andrew Group are housing for homeless women and their chil- Operations Officer and Special Events Officer organizing National Day of Prayer events all dren as well as facilities to train the women for in the Army G3’s Office of Military Support to across Middle Tennessee. These events will jobs. Two years later, in 2000, the second Civilian Authorities. She helped coordinate and encourage citizens to pray for the future of our phase of the ‘‘Women’s Village’’ was com- provide medical support during several natural communities and our nation, to pray for those pleted with the Angel Guardian Home. It pro- disasters, including New York City immediately placed in positions of societal leadership, and vides 12 apartments that offer long-term hous- after the terrorists’ attacks on September 11, to thank God for the many blessings we enjoy. ing in a supportive community setting for 2001. Colonel Helton served as the Chief of At the Maryland Farms YMCA, in the City of homeless mothers with disabilities and their the Wounded Warrior Program for the 27th In- Brentwood, individuals will gather to lift up children. In June 2008, the final piece of the fantry Brigade at Fort Drum, NY where she prayers and participate in this wonderful occa- Women’s Village was completed, with the helped develop the model wounded warrior sion. opening of the Sister Julia Mary Farley Wom- program for the entire Army. She also served I invite all Members of Congress to please en’s Village. This facility provides transitional as the Chief of Command Policy and Pro- join me in praying for the City of Brentwood, housing in one-bedroom apartments for 21 grams in the Army G1, responsible for Army the State of Tennessee, and the United States employed homeless women. It also includes policies which included Women in Combat, of America during the National Day of Prayer. an employment and client services center that Suicide Prevention, Religious Accommodation, f serves all Good Shepherd Center residents, ‘‘Don’t Ask, Don’t Tell’’ and other high profile and The Village Kitchen—a bakery and cafe in Army policies. HONORING LT. MATTHEW JOHN which residents receive job training and expe- Colonel Helton’s military education includes GORDON rience in the culinary arts. the AMEDD Officer basic and advanced With the completion of the Women’s Village, courses, Medical Logistics Management HON. JIM GERLACH Sister Julia Mary and Good Shepherd Center Course, Contracting Officers Course, Move- OF PENNSYLVANIA now serve more than 1,100 homeless women ment Officers Course, Mobilization Officer IN THE HOUSE OF REPRESENTATIVES and children annually, and house 150 women Planners Course, Military Support to Civil Au- and children each night. thorities Course, Command and General Staff Thursday, May 7, 2009 I have had the privilege of visiting with Sis- College, Army Management Staff College, Mr. GERLACH. Madam Speaker, I rise ter Julia Mary and the residents of Good Risk Communication Course, Georgetown Uni- today to honor a dedicated public servant in Shepherd Center, and I must say the deter- versity Congressional Liaison Course, and Ad- Chester County, Pennsylvania who has retired mination of the women to make better lives for vanced Crisis Incident Stress Management after more than 20 years of loyal service in themselves and their children is truly inspiring. Course. She also earned a Bachelor of law enforcement. Madam Speaker, on the occasion of the Science degree in Management from the Cali- Lieutenant Matthew John Gordon started his 25th anniversary of Sister Julia Mary Farley’s fornia Coast University and a Master of law enforcement career with the Parkesburg founding of Good Shepherd Center for Home- Science degree in Quality Systems Manage- Police Department and has faithfully served less Women and Children, I ask my col- ment from the National Graduate School. the City of Coatesville Police Department leagues to please join me in commending Sis- Madam Speaker, few can match the dedica- since 1989. ter Julia Mary for her vision and tireless efforts tion and professionalism of Colonel Jane Lieutenant Gordon earned the respect of fel- to provide daily inspiration to the center’s resi- Helton. On behalf of Congress and the United low officers and elected officials with his out- dents, friends, generous donors, skilled staff, States of America, I express our appreciation standing work ethic and exemplary police work and caring volunteers, and in thanking her for of Colonel Helton for her tireless service and throughout his distinguished career. a lifetime of dedicated service to homeless support of the warfighter. She has been a In addition to protecting the citizens of women and their children. compassionate leader and professional staff Coatesville, he also served as Commander of f officer whose expertise and sacrifice show- the Chester County Emergency Response case her patriotism and selfless commitment Team since its inception in 2002. RECOGNIZING THE SERVICE AND to our great nation. She is a woman of honor ACHIEVEMENTS OF COLONEL Colleagues and friends will celebrate Lieu- and principle. I would like to thank Colonel tenant Gordon’s career accomplishments and JANE HELTON, UNITED STATES Helton for her years of dedicated service, and ARMY wish him well in retirement on May 8, 2009 I wish her, her husband Ray, their children during a dinner at St. Anthony’s Lodge in HON. JEFF MILLER and grandchildren the best wishes for contin- Downingtown, Pennsylvania. ued success. Madam Speaker, I ask that my colleagues OF FLORIDA f join me today in praising the outstanding serv- IN THE HOUSE OF REPRESENTATIVES ice and dedication of Lieutenant Matthew John Thursday, May 7, 2009 RECOGNIZING THE NATIONAL DAY OF PRAYER Gordon, and all those who take an oath to Mr. MILLER of Florida. Madam Speaker, I serve and protect their communities. rise today to honor Colonel Jane Helton, f United States Army, who is retiring after thirty- HON. MARSHA BLACKBURN OF TENNESSEE five years of dedicated service to our nation. IN CELEBRATION OF NATIONAL IN THE HOUSE OF REPRESENTATIVES Colonel Helton currently serves as the Chief of NURSING WEEK the Sexual Assault Prevention and Response Thursday, May 7, 2009 Office for the Joint Staff of the National Guard Mrs. BLACKBURN. Madam Speaker, I rise HON. STEVEN C. LaTOURETTE Bureau in Arlington, Virginia. She is the prin- today to ask my colleagues to join the millions OF OHIO cipal advisor to the Chief and senior National of Americans who will participate in the Na- IN THE HOUSE OF REPRESENTATIVES Guard leaders for all sexual assault prevention tional Day of Prayer on Thursday, May 7, Thursday, May 7, 2009 matters. 2009. Colonel Helton enlisted in the Army in Au- Since the earliest days of our republic, our Mr. LATOURETTE. Madam Speaker, in gust, 1974. After departing active duty she nation’s leaders have seen fit to formally ac- honor and in celebration of National Nursing

VerDate Nov 24 2008 04:35 May 08, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\K07MY8.006 E07MYPT1 smartinez on PROD1PC64 with REMARKS May 7, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1097 Week, I’d like to recognize the achievements rounding states offer such educational bene- the state championship volleyball team from of Francis Payne Bolton and the impact of the fits. I am grateful that the Appropriations Com- All Saints Academy: Jade Beckmann, Rachel Bolton Act on the field of nursing. mittee has allocated appropriation funds in Boeckmann, Chelsea Crocker, Julie Deiters, Madam Speaker, the Bolton Act of 1943, in- some years, with smaller contribution from the Holland Hempen, Haley Johnson, Bailey troduced by Congresswoman Frances Payne District, in the Defense Authorization bill. An Kampwerth, Merideth Kloeckner, Abby Bolton, created the Cadet Nurse Corps. The authorization is necessary to assure that the Luebbers, Maddie Mensing, Shannon Corps provided Federal funds to nearly D.C. National Guard members receive equal Mensing, Jessica Peters, Gabrielle Schnieder, 125,000 nurses during World War II to facili- treatment and benefits to other National Guard Kari Wiegmann and Megan Zurliene. They tate their training and greatly increase the war- members on a regular basis, especially with have achieved great things for their school time supply of nurses and care for American surrounding states that do, in fact, have the and their community, and I want to wish them citizens on both the home and war fronts. It higher education benefits we seek for D.C. all the best in the future, both on the court and also significantly improved post-World War II National Guard members. The Guard for the in the classroom. nursing education, replacing the apprentice- Nation’s Capital is severely under-competing ship-type training approach in nursing schools for members from the pool of regional resi- f with an academic approach and encouraging dents, who find membership in the Maryland nurses to study related areas of public health, and Virginia Guards more beneficial. A com- FOSTERING RESILIENCE IN pediatrics, psychiatric care, and convalescent petitive tuition assistance program for the D.C. AFRICAN AMERICAN YOUTH care. It further benefitted the nursing field by National Guard will provide significant incen- prompting attention and Federal financial aid tive and leverage to help counteract declining to graduate nursing degrees, and contributed enrollment and level the field of competition. HON. ALCEE L. HASTINGS to the integration of African-Americans into the The D.C. National Guard, a federal instru- OF FLORIDA nursing field. ment that is not under the control of the mayor Madam Speaker, Francis Payne Bolton was of the District of Columbia (but see District of IN THE HOUSE OF REPRESENTATIVES the first woman in Ohio elected to the House Columbia Executive National Guard Act), is Thursday, May 7, 2009 of Representatives. She served fourteen con- losing personnel to other Guards, partly be- secutive terms and later served as trustee of cause it is not able to offer the same level of Mr. HASTINGS of Florida. Madam Speaker, Lakeside Hospital (Cleveland, OH), Lake Erie benefits that adjacent National Guards pro- as today is National Children’s Mental Health College (Painesville, OH), and the Central vide. The federal government supports most Awareness Day, I rise to introduce a resolu- School of Practical Nursing (Cleveland). Trust- other D.C. National Guard functions and tion highlighting the importance of identifying ees at Case Western Reserve University in should support this small benefit as well. and nurturing the factors that contribute to the Cleveland, Ohio, named their School of Nurs- The small education incentives in my bill healthy development of African American ing in her honor. She died in Lyndhurst, OH, would not only encourage high quality recruits, youth, and their ability to achieve equal levels on March 9, 1977. but would have the important benefit of help- of physical and mental development enjoyed Madam Speaker, last year, I introduced leg- ing the D.C. National Guard to maintain the by their peers. islation with the late-Stephanie Tubbs Jones force necessary to protect the federal pres- Throughout my life and tenure in Congress, (D–OH) recognizing the 65th anniversary of ence, including Members of Congress, the Su- I have always advocated protecting the rights the Bolton Act. Frances Payne Bolton single- preme Court, and visitors, if an attack on the of minorities. I stand before you today to pro- handedly made sure we had enough nurses at Nation’s Capital should occur. I am pleased to mote the strength, health and well-being of Af- home and overseas during World War II, and introduce this bill on the advice of Guard per- rican American youth, who are faced with helped elevate nursing as an important and sonnel who know best what is necessary. many adversities. critical profession. I am honored to recognize A strong D.C. National Guard able to attract African American youth are disproportion- her and her contributions during National the best soldiers is especially important given ately exposed to many risk factors such as Nursing Week, and I yield back. the unique mission of the D.C. National Guard poverty, neighborhood violence, and a wide to protect the federal presence in addition to f range of health conditions. These risk factors D.C. residents. This responsibility distin- coupled with continued cultural oppression INTRODUCTION OF THE DISTRICT guishes the D.C. National Guard from any limit resilience in African American youth. Re- OF COLUMBIA NATIONAL GUARD other National Guard. The D.C. National silience is a dynamic, multidimensional prac- RETENTION AND COLLEGE AC- Guard is specially and specifically trained to tice involving the interaction between individ- CESS ACT meet its unique mission. uals and their environments within the context I urge my colleagues to support this bill. HON. ELEANOR HOLMES NORTON of family, peers, school, community, and soci- f ety, across space and time. OF THE DISTRICT OF COLUMBIA IN THE HOUSE OF REPRESENTATIVES HONORING ALL SAINTS ACADEMY It is our responsibility to acknowledge and 8TH GRADE VOLLEYBALL TEAM understand the legacy of cultural oppression Thursday, May 7, 2009 and racial discrimination that African American Ms. NORTON. Madam Speaker, I told the HON. JOHN SHIMKUS youth encounter in their daily lives. In doing District of Columbia National Guard 547th OF ILLINOIS so, we must also research how these compo- Transportation Company, who deployed to IN THE HOUSE OF REPRESENTATIVES nents relate to resilience and various types of Iraq last Saturday, that I would introduce two behavioral and emotional development. Thursday, May 7, 2009 D.C. National Guard bills this week in their Madam Speaker, this resolution is not only honor. Therefore, today I first introduce the Mr. SHIMKUS. Madam Speaker, I rise today meant to seek support in this matter but also District of Columbia National Guard Retention to honor an exceptional group of young ladies to generate awareness and collaboration to- and College Access Act, NGRCA, a bill to per- from Breese, Illinois. ward resilience research among federal agen- manently authorize funding for a program to The All Saints Academy 8th grade girls cies and non-governmental organizations, provide grants for secondary education tuition volleyball team dominated this year’s Southern such as the American Psychological Associa- to the members of the D.C. National Guard. I Illinois Junior High School Athletic Associa- tion, American Academy of Child and Adoles- also introduce the District of Columbia Execu- tion’s Class M state tournament, sweeping cent Psychiatry, Bazelon Center for Mental tive National Guard Act to give the mayor of through the field to earn the state title. Com- Health Law, and Mental Health America which the District of Columbia authority to call the peting against some of the top teams in have endorsed this resolution. D.C. National Guard for assistance with nat- Southern Illinois, the ASA team won all three ural disasters and non-security civil disturb- matches in straight sets, knocking off Goreville It is vital that we provide the necessary tools ances. NGRCA authorizes an education incen- in the quarterfinals and Pinckneyville in the to chart a path to success for African Amer- tive program, recommended by former Major semifinals, then defeating St. Peter/Paul for ican youth. General David Wherley and his successor, the title. The trophy-clinching win was a thrill- I urge my colleagues to join with me in tak- Major General Errol Schwartz, who suggested ing 25–22 squeaker. ing a stand against the cultural oppression that education grants would be useful in stem- I want to congratulate Coaches Tricia Winter and racial discrimination that many African ming the troublesome loss of members of the and Don Bedard on this year’s success. I es- American youth encounter by supporting this D.C. Guard to units, in part, because sur- pecially want to congratulate the members of resolution.

VerDate Nov 24 2008 04:35 May 08, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\K07MY8.010 E07MYPT1 smartinez on PROD1PC64 with REMARKS E1098 CONGRESSIONAL RECORD — Extensions of Remarks May 7, 2009 CONGRATULATING TOKAY HIGH for our 28-year-old ‘‘hometown hero’’. I am variety of different organizations within the In- SCHOOL FOR COMPETING IN THE honored to pay tribute to this very impressive stitute from 1972 until 1999, when he was se- NATIONAL SCIENCE BOWL young man who Milwaukee views as their very lected to be the first Director of the newly cre- own ‘‘idol’’. Go, Danny go! ated Van Andel Research Institute in Grand Rapids, Michigan. HON. JERRY McNERNEY f Dr. Vande Woude’s commitment to public OF CALIFORNIA MINORITY BUSINESS ENHANCE- service and improving the health of our nation IN THE HOUSE OF REPRESENTATIVES MENT ACT OF 2009 SUMMARY has undoubtedly saved many lives. His pio- Thursday, May 7, 2009 neering research has resulted in new ways to HON. BOBBY L. RUSH isolate and detect cancer cells, and has led to Mr. MCNERNEY. Madam Speaker, I am earlier treatments and interventions. By identi- proud to rise today to congratulate the stu- OF ILLINOIS fying the biological players in cancer tumor dents of Tokay High School in Lodi, California IN THE HOUSE OF REPRESENTATIVES progression and development, Dr. Vande for winning their regional Science Bowl com- Thursday, May 7, 2009 Woude and his laboratory have supported ex- petition, hosted by the Department of Energy. pansive research which was instrumental in The National Science Bowl is an academic Mr. RUSH. Madam Speaker, this bill breaks finding innovative strategies to eliminate harm- competition testing students’ skills in math and down barriers for minority and women owned ful cancer cell precursors. science. Only 67 high schools from around the businesses through amending the Small Busi- Dr. Vande Woude has made significant and country are asked to participate in this Na- ness Act to allow for greater participation in substantial contributions to our current under- tional Competition, and Tokay students re- the Disadvantaged Business Assistance Pro- standing of the molecular biology of cancer. cently visited Washington, DC to compete in gram. It also makes permanent increases His career is peppered with many firsts, in- the national finals. Math, science, and tech- made by the Obama Administration for greater cluding being the first to use recombinant DNA nology education are keys to our nation’s fu- bonding capacity in addition to broadening the technology to isolate certain retroviruses and ture, and Tokay’s students are an example of definition of contract bundling so that small compare their behavior. He was first to deter- excellence. I hope that Tokay students con- businesses are better able to compete for and mine the structure and sequence of DNA pre- tinue to participate in the National Science secure government contracts. cursors which are instrumental in the develop- Bowl and that I see them back next year. Modify the Small Business Administration’s ment of cancer. His laboratory was first to f Disadvantaged Business Program to allow for demonstrate that a normal gene could be acti- greater minority participation by raising the vated as a cancerous gene. These findings IN TRIBUTE TO DANNY GOKEY personal net worth (PNW) threshold and al- provided a foundation for the search for active lowing firms to complete a federal contract be- cancerous cells (oncogenes) in tumors. His HON. GWEN MOORE fore losing the assistance of the program. long-term studies of the mos oncogene have Make permanent the Surety Bonding Guar- led to the first direct connection between can- OF WISCONSIN antee increase made in H.R. 1. cer cells and the enzymes which regulate cell IN THE HOUSE OF REPRESENTATIVES Broaden the definition of contract bundling cycles. Equally important was his discovery of Thursday, May 7, 2009 to force contracting officers to break up large the human met oncogene that is involved in a Ms. MOORE of Wisconsin. Madam Speak- contracts to increase small business participa- wide range of cancers and has become a er, I rise today to recognize Mr. Danny Gokey, tion. leading candidate for new cancer therapies. who over the past several months has cap- Increase oversight of contract bundling by There are numerous other advancements tured the hearts and minds of the entire coun- allowing the SBA Administrator to review any which have emerged from Dr. Vande Woude’s try—especially the people of the Fourth Con- contract they feel is bundling and allow OMB laboratory, all of which have helped the gressional District of Wisconsin. to mediate any disputes between parties. healthcare community understand how to combat cancerous tumors and address their Danny’s quest to be the next ‘‘American Increase the government wide small busi- risks even prior to development. Idol’’ is a love story. In a sense, it is even ness procurement goal to 25%. His efforts have gone beyond personal ex- magical. His wife, Sophia, encouraged him to Prohibit contracting officers from coding a cellence. Over the years, Dr. Vande Woude audition for Idol. Ironically, shortly after his au- minority business in any more than one other has mentored more than 70 postdoctoral fel- dition he suffered the tragic loss of his beau- minority category to make reporting numbers lows, students, and visiting scientists. By in- tiful wife, Sophia, at the age of 27. In memory more accurate. vesting in future generations, he has inspired of his wife, he established Sophia’s Heart f countless researchers, and his legacy will last Foundation, whose mission is to make a posi- far beyond his personally prolific research. tive impact on students’ lives through a Music IN RECOGNITION OF DR. GEORGE VANDE WOUDE Dr. Vande Woude has been honored as an and Arts Program. Musical instruments will be elected Fellow of both the American Academy donated to students that otherwise would be of Arts and Sciences and the National Acad- unable to afford them. The Sophia L. Gokey HON. VERNON J. EHLERS emy of Sciences, and is a recipient of the Na- Scholarship Fund will donate $1,000 scholar- OF MICHIGAN tional Institutes of Health Merit Award, the ships to high school students who face chal- IN THE HOUSE OF REPRESENTATIVES Robert J. and Claire Pasarow Foundation lenges in pursuing their dreams. In spite of Thursday, May 7, 2009 Award for Cancer Research, and a Lifetime Danny’s loss, he has continued to perform Achievement Award in Technology Transfer courageously and professionally each week Mr. EHLERS. Madam Speaker, I rise today from the National Aeronautics and Space Ad- while confronting both physical and mental to honor the achievements of Dr. George ministration. He has also served on advisory challenges presented by this competition. Vande Woude. After a long and successful ca- panels too numerous to name and authored Danny has been singing since childhood. reer in cancer research, Dr. Vande Woude and edited hundreds of research articles and Prior to ‘‘American Idol’’, he served as Praise has recently decided to retire from his admin- other publications. and Worship Director for Faith Builders Inter- istrative post, and I appreciate the opportunity Undoubtedly, ‘‘retirement’’ for Dr. Vande national Ministries, Milwaukee, Wisconsin. I to recognize him and his body of work. Woude will be in name only, as he continues have been told that Danny’s favorite quote is Dr. Vande Woude earned his Master of to keep a fierce pace of life and contribute in ‘‘unshakeable faith is faith that has been shak- Science degree and doctorate from Rutgers a variety of ways to the advancement of en’’. He has overcome obstacles, personal University. Early in his career, he served the science and the education of future genera- tragedies and still continues to work toward federal government as a research virologist for tions. He will maintain a role at the Van Andel his dream. His love for the church, family, the United States Department of Agriculture at Institute as a Distinguished Scientific Fellow music and life are an inspiration to all of us. Plum Island Animal Disease Center, and and head of the Laboratory of Molecular On- His musical gifts along with his desire to find shortly after began a long tenure at the Na- cology. Grand Rapids has been blessed by his new hope, after experiencing such loss, is in- tional Institutes of Health. Initially, he joined leadership at the Van Andel Institute, and the spiring. the National Cancer Institute as Head of the world will note and remember his contributions Madam Speaker, in Milwaukee, there is an Human Tumor Studies and Virus Tumor Bio- to science and education for generations to enormous amount of enthusiasm and support chemistry Sections. Thereafter, he served in a come.

VerDate Nov 24 2008 04:35 May 08, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A07MY8.040 E07MYPT1 smartinez on PROD1PC64 with REMARKS May 7, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1099 HONORING JACK KEMP sciences through fun experiments and hands- status in 1997 because of his wife’s status as on activities. She has exposed her pupils to a visa lottery winner. SPEECH OF the different cultures around the world through The State Department’s Inspector General HON. RON PAUL music and other extracurricular activities. has even weighed in on the national security OF TEXAS Christi is an accomplished woman who has threat posed by the visa lottery program. Dur- opened her home and her heart to Indianap- IN THE HOUSE OF REPRESENTATIVES ing testimony before the House Committee on olis area families, so that our children are able the Judiciary, the Office of Inspector General Wednesday, May 6, 2009 to grow and learn in a nurturing environment. stated that the Office ‘‘continues to believe Mr. PAUL. Mr. Speaker, I support H. Res. I applaud her for her dedication to ensuring that the diversity visa program contains signifi- 401, which honors the legacy of former Rep- that the needs of young children are met. cant risks to national security from hostile in- resentative Jack Kemp. I became friends with Madam Speaker and esteemed colleagues, telligence officers, criminals, and terrorists at- Jack when we served together in the House of I urge you to join me in thanking Christi Morse tempting to use the program for entry into the Representatives from 1976 to 1985. Our Gilbert for her ceaseless efforts as an educa- United States as permanent residents.’’ friendship was based on our shared conviction tor and childcare provider. Even if improvements were made to the that low taxes and sound monetary policy are f visa lottery program, nothing would prevent essential to liberty and prosperity. TAIWAN terrorist organizations or foreign intelligence Jack is probably best known for the key role agencies from planting members in the U.S. he played in the ‘‘supply side revolution’’ that by having those members apply for the pro- led to the tax rate reductions of the early HON. VIRGINIA FOXX gram. As long as those individuals do not eighties. However, what I most remember OF NORTH CAROLINA have previous criminal backgrounds, these about Jack was that he was one of the few IN THE HOUSE OF REPRESENTATIVES types of organized efforts would never be de- politicians I have met who understood how fiat Thursday, May 7, 2009 tected, even if significant background checks money harms Americans. Jack was pas- and counter-fraud measures were enacted sionate about reforming monetary policy so Ms. FOXX. Madam Speaker, I am delighted within the program. to learn that the Republic of China (Taiwan) America would again have, as Jack memo- Usually, immigrant visas are issued to for- has now been invited to participate in this rably put it, a ‘‘dollar as good as gold.’’ It was eign nationals that have existing connections year’s World Health Assembly meetings in Ge- largely due to Jack’s efforts that the Repub- with family members lawfully residing in the neva. With the rapid spread of infectious dis- lican Party platform of 1980 endorsed a return United States or with U.S. employers. These eases around the globe, Taiwan should have to the gold standard. Jack’s support was in- types of relationships help ensure that immi- been included in the global health network a strumental in me being named to the U.S. grants entering our country have a stake in long time ago. Also, my best wishes to Presi- Gold Commission in 1982. While I was not al- continuing America’s success and have need- dent Ma Ying-jeou on his first anniversary in ways in total agreement with Jack’s views on ed skills to contribute to our nation’s economy. office this May 20th. monetary policy, I always appreciated his in- However, under the visa lottery program, visas I hope that Taiwan will soon be able to par- terest in the issue. are awarded to immigrants at random without ticipate meaningfully in the activities of all In his later years, Jack was critical of the meeting such criteria. United Nations specialized agencies. Taiwan’s idea that the best way to promote human lib- In addition, the visa lottery program is unfair erty was through an aggressively militaristic international participation will most certainly encourage even faster cross-strait dialogue to immigrants who comply with the United foreign policy. In his 1996 campaign for Vice States’ immigration laws. The visa lottery pro- President, Jack attacked the Clinton Adminis- and permanent peace in the Asia-Pacific region. gram does not expressly prohibit illegal aliens tration’s aggressive foreign policy, famously from applying to receive visas through the pro- quipping that the United States government Madam Speaker, congratulations to the people of Taiwan and to their president Mr. Ma gram. Thus, the program treats foreign nation- should not ‘‘bomb before breakfast.’’ In my last als that comply with our laws the same as conversation with Jack, he shared with me his Ying-jeou on this important diplomatic breakthrough. This is Taiwan’s first participation in a those that blatantly violate our laws. In addi- opposition to the Iraq war. tion, most family-sponsored immigrants cur- In conclusion, I urge my colleagues to sup- formal United Nations activity since 1971 when it withdrew from the United Nations. rently face a wait of years to obtain visas, yet port H. Res. 401 and honor the best of Jack the lottery program pushes 50,000 random im- f Kemp’s legacy by working for low taxes, migrants with no particular family ties, job sound money, and a sensible foreign policy. INTRODUCTION OF THE ‘‘SECURITY skills or education ahead of these family and f AND FAIRNESS ENHANCEMENT employer-sponsored immigrants each year HONORING CHRISTI MORSE (SAFE) FOR AMERICA ACT’’ with relatively no wait. This sends the wrong GILBERT message to those who wish to enter our great HON. BOB GOODLATTE country and to the international community as a whole. HON. ANDRE´ CARSON OF VIRGINIA Furthermore, the visa lottery program is OF INDIANA IN THE HOUSE OF REPRESENTATIVES wrought with fraud. A report released by the IN THE HOUSE OF REPRESENTATIVES Thursday, May 7, 2009 Center for Immigration Studies states that it is Thursday, May 7, 2009 Mr. GOODLATTE. Madam Speaker, I rise commonplace for foreign nationals to apply for Mr. CARSON of Indiana. Madam Speaker, I today to introduce the bipartisan ‘‘Security and the lottery program multiple times using many rise today to congratulate Christi Morse Gilbert Fairness Enhancement (SAFE) for America different aliases. In addition, the visa lottery for receiving the National Childcare Provider Act.’’ This much-needed legislation eliminates program has spawned a cottage industry fea- Award. Christi was honored today in the na- the controversial visa lottery program, through turing sponsors in the U.S. who falsely prom- tion’s capital for her unwavering commitment which 50,000 aliens are chosen at random to ise success to applicants in exchange for in providing high quality childcare services to come and live permanently in the United large sums of money. Ill-informed foreign na- needy children. States based on pure luck. The visa lottery tionals are willing to pay top dollar for the As an educator, Christi was keen on under- program threatens national security, results in ‘‘guarantee’’ of lawful permanent resident sta- standing the disparities that existed amongst the unfair administration of our nation’s immi- tus in the U.S. young children who struggled when they gration laws, and encourages a cottage indus- The State Department’s Office of Inspector began grade school. To address this problem, try for fraudulent opportunists. General confirms these allegations of wide- she quit her job as an elementary school Because winners of the visa lottery are cho- spread fraud in a September 2003 report. teacher to become a childcare services pro- sen at random, the visa lottery program pre- Specifically, the report states that the visa lot- vider for children under the age of five. Her sents a serious national security threat. A per- tery program is ‘‘subject to widespread abuse’’ work focuses on preparing her charges with fect example of the system gone awry is the and that ‘‘identity fraud is endemic, and fraud- the cognitive, social, emotional and physical case of Hesham Mohamed Ali Hedayet, the ulent documents are commonplace.’’ Further- skills that they need to be productive. Egyptian national who killed two and wounded more, the report also reveals that the State In order to achieve this goal, Christi has de- three during a shooting spree at Los Angeles Department found that 364,000 duplicate ap- signed a dynamic curriculum that introduces International Airport in July of 2002. He was plications were detected in the 2003 visa lot- children to the basics of mathematics and the allowed to apply for lawful permanent resident tery alone.

VerDate Nov 24 2008 04:35 May 08, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MY8.044 E07MYPT1 smartinez on PROD1PC64 with REMARKS E1100 CONGRESSIONAL RECORD — Extensions of Remarks May 7, 2009 In addition, the visa lottery program is by its CELEBRATING THE 100TH ANNI- HONORING DANIEL AND KIM very nature discriminatory. The complex for- VERSARY OF THE VILLAGE OF IRWIN FOR THEIR WORK WITH mula for assigning visas under the program OAK LAWN, ILLINOIS THE FAISON SCHOOL—AUTISM arbitrarily disqualifies natives from countries CENTER OF VIRGINIA that send more than 50,000 immigrants to the U.S. within a five-year period, which excludes HON. DANIEL LIPINSKI HON. ERIC CANTOR nationals from countries such as Mexico, Can- OF ILLINOIS OF VIRGINIA ada, China and others. IN THE HOUSE OF REPRESENTATIVES The visa lottery program represents what is IN THE HOUSE OF REPRESENTATIVES wrong with our country’s immigration system. Thursday, May 7, 2009 Thursday, May 7, 2009 My legislation would eliminate the visa lottery Mr. CANTOR. Madam Speaker, I rise today program. The removal of this controversial Mr. LIPINSKI. Madam Speaker, I rise today to honor Daniel and Kim Irwin and their work program will help ensure our nation’s security, to honor the Village of Oak Lawn, Illinois as it with the Faison School—Autism Center of Vir- make the administration of our immigration celebrates its centennial. Throughout its his- ginia. laws more consistent and fair, and help re- tory, the Village of Oak Lawn has strived to This month Mr. and Mrs. Irwin were honored duce immigration fraud and opportunism. embody the best qualities of its residents, and with a CARE Award honoring the significant f in doing so has served commendably as a contributions they have made in the education of America’s youth. Their dedication to chil- S. 386, THE FRAUD ENFORCEMENT great place to work, shop, raise a family, and retire. dren with autism and to the Faison School can AND RECOVERY ACT OF 2009 be seen in their ongoing professional growth Beginning with its first settler in 1842, the and the tremendous success of their students. HON. JOHN S. TANNER Village of Oak Lawn has prospered through Dan and Kim both started at the Faison the years. Symbolic of the ever-expanding OF TENNESSEE School over 5 years ago. During this time they United States, 1881 saw the laying of the rail- IN THE HOUSE OF REPRESENTATIVES both obtained teacher certifications, board cer- road tracks that connected the area to the Thursday, May 7, 2009 tifications in behavior analysis, and even mas- world. The railroad and the subsequent rail- ter’s degrees. Over the course of this time Mr. TANNER. Mr. Speaker, I rise today in way stations, telegraph office, and post office they became engaged, then married, and are support of S. 386, the Fraud Enforcement and laid the groundwork for a population that grew now expecting their first child. Recovery Act of 2009, particularly language to include churches, schools, and 300 resi- The Irwins have been an integral part of the strengthening the provisions of the False dents by the early 1900’s. Oak Lawn’s grow- school’s growth and have helped to teach Claims Act. At a time when the U.S. Govern- ing population, coupled with concerns about many children with autism to become success- ment is spending hundreds of billions of dol- autonomy from the City of Chicago and the ful learners, better communicators, and inde- lars to jump start our faltering economy, we promise of a much-desired gas pipe, moti- pendent thinkers. In fact, the work they are need to reassure the American people that we vated the Village to incorporate in 1909. The doing goes a long way in making a difference will have a ‘‘zero tolerance’’ approach to fraud. hard work of the men and women of Oak in the lives of children with autism. It is important that we honor taxpayer dollars Lawn led to the development of a fire depart- Madam Speaker, I ask you to join me in as if they were our own. ment, library, park district and more schools congratulating the Irwins and wishing them all In January of this year, the House passed by the mid 1940’s. Village population boomed the best in their future. to 27,000 by the 1960’s, only to have Oak H. Res. 40, which I sponsored. This resolu- f tion, now part of the House rules, requires Lawn rocked by a major tornado in 1967. each House committee to conduct at least Undeterred by that devastating event, Oak INTRODUCTION OF THE VETERANS three hearings a year on the topic of waste, Lawn grew to its current size of 57,000 by the HOME LOAN IMPROVEMENT ACT fraud, abuse and mismanagement in the 1970’s. OF 2009 agencies under the committee’s jurisdiction. It Today, the Village of Oak Lawn is a suc- puts in place a systematic mechanism for reg- cessful, bustling community well-positioned to HON. EARL BLUMENAUER ular oversight. continue its prosperity in the 21st century. The OF OREGON S. 386 complements and parallels the intent Village employs 400 people in an official ca- IN THE HOUSE OF REPRESENTATIVES of H. Res. 40, with key provisions to bolster pacity and boasts a fantastic parks system, a Thursday, May 7, 2009 the False Claims Act. The False Claims Act state of the art library, and over 300 acres of was first signed into law in 1863, as President parks and recreational facilities. Oak Lawn’s Mr. BLUMENAUER. Madam Speaker, today Lincoln sought to combat fraud against the excellent education system lays the ground- I am introducing the bipartisan ‘‘Veterans United States during the Civil War. It allows work for the success and development of fu- Home Loan Improvement Act of 2009’’ along private individuals to bring lawsuits on behalf ture generations, boasting many excellent with Reps. BOB FILNER (CA), SUSAN DAVIS of the United States, in order to recover funds public schools and five Catholic grammar (CA), KURT SCHRADER (OR), GREG WALDEN that were wrongfully obtained through fraud. In schools. Advocate Christ Medical Center and (OR) PETER DEFAZIO (OR), DAVID WU (OR), 1986, the statute was amended. Hope Children’s Hospital are located in Oak RON KIND (WI), STEVE KAGEN (WI), AL GREEN In the 20-plus years since the False Claims Lawn, providing some of the most acclaimed (TX), and DON YOUNG (AK). Together we rep- Act was last amended, however, many federal pediatrics, cardiology, surgical services, oncol- resent each of the states that would benefit courts around the country have misinterpreted ogy, women’s services and emergency medi- from an expansion of the Qualified Veterans and weakened the statute, making it more dif- cine in the area. And the Children’s Museum Mortgage Bond program. ficult for private citizens and the government in Oak Lawn serves countless children from This program was originally created after to expose and prosecute fraud against the across the region who come to learn, grow, World War II to promote homeownership United States. Today, as our country is in the and have fun. among our returning troops. Together, our midst of two wars and faces the worst eco- states offer veterans mortgage loans at more nomic crisis that most of us have ever lived From the first resident in 1842 to the current favorable interest rates as a reward for their through, fraud against the government is again 57,000 residents, citizens of the Village of Oak service to our nation. As part of a comprehen- on the rise; the time has come to strengthen Lawn have shown grit, determination, and a sive review of veterans’ services in the state the False Claims Act once more. S. 386 does commitment to excellence and have continued of Oregon, the Oregon Governor’s Veterans just that. to grow a vibrant community in suburban Cook Task Force recommended a further expansion Mr. Speaker, the False Claims Act is the County. of this highly effective program. Federal Government’s most effective tool to I am proud to have in the 3rd District of Illi- This Act is based on one particularly timely combat fraud. At a time when additional gov- nois such a strong example of what makes the recommendation to expand eligibility for our ernment funds are exposed to potential fraud, United States great. May these first one hun- state programs and bring affordable mort- the American taxpayers need to be assured dred years be only the beginning. I ask my gages to an additional 264,000 veterans. I that their money is not being mismanaged. colleagues to rise with me to recognize the look forward to continuing to work on behalf of I urge my colleagues to support this bill and history and achievements of the residents of Oregon and the nation’s veterans to ensure reaffirm their commitment to the American tax- Oak Lawn as the Village celebrates its centen- that we provide the best possible quality of payers. nial anniversary. care and service.

VerDate Nov 24 2008 04:35 May 08, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A07MY8.047 E07MYPT1 smartinez on PROD1PC64 with REMARKS May 7, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1101 TUCSON CITIZEN manager and physical scientist for the Army determined by well-established used car pric- Corps of Engineers. Mr. Cook came to the ing guides, as long as the FMV was under HON. RAU´ L M. GRIJALVA House of Representatives in 1998, where he $5000. However, there was concern that some OF ARIZONA served as Science Advisor and Counsel for taxpayers were gaming the system by claim- ing excessive deductions, and that there was IN THE HOUSE OF REPRESENTATIVES the House Energy and Commerce Committee and then as a Professional Staff Member, the insufficient IRS oversight to detect or police Thursday, May 7, 2009 Majority and then the Minority Clerk for the these problems. Mr. GRIJALVA. Madam Speaker, I rise to House Energy and Water Development Sub- In its FY2005 budget request, the Adminis- pay tribute to the Tucson Citizen which is clos- committee on Appropriations, where I had the tration proposed reforming the rules governing ing after 138 years. honor of working closely with him. vehicle donations by allowing a deduction only The Arizona Citizen was founded in 1870, As clerk for the Subcommittee, Mr. Cook if the taxpayer obtained a qualified appraisal by John Wasson, a newspaper man from Cali- oversaw appropriations for the Department of for the vehicle. However, the Congress re- fornia, with help from Richard McCormick, the Energy, the Civil Works programs of the Army jected that proposal and went much further. territory’s governor and later territorial dele- Corps of Engineers, the Bureau of Reclama- The tax code changes included in the Amer- gate to Congress. In 1976, Gannett Co., Inc. tion, as well as a number of related agencies. ican Jobs Creation Act of 2004 (P.L. 108–357) bought the newspaper and changed its name In this role, he oversaw appropriations and limited deductions over $500 to the actual pro- from the Arizona Citizen to the Tucson Citizen. conducted oversight of these programs and ceeds of sale of the vehicle by the charity— The closure of the Tucson Citizen is a great worked diligently to uphold the interest of the regardless of appraised value. Only if the loss for the community of Southern Arizona. taxpayer to ensure that our taxpayer dollars charity actually keeps and uses the car (rather As the state’s oldest newspaper, the Tucson were spent efficiently and effectively. I was a than sells it for the resulting revenue) can the Citizen has been a part of Arizona’s history. frequent beneficiary of his guidance and ex- donor deduct its FMV. During its existence, the Citizen reported on pertise, as I know were the Chairman, Rank- The rules took effect for tax year 2005. Arizona’s biggest stories, among them the ing Member and the other members of the Today, a taxpayer with an older used car in 1881 gunfight at the OK Corral and the 1934 Subcommittee. poor condition can call many charities nation- arrest of bank robber John Dillinger. Madam Speaker, I believe that we owe wide to have the vehicle towed at no cost and The Tucson Citizen has been a place that much of our effectiveness as Members to the then claim a $500 deduction. However, a tax- Tucsonans turned to for local news. The sto- hard work and dedication of the staff. Kevin payer with a newer-model car in good condi- ries published reflected the diverse community Cook exemplifies the highest ideals of public tion has no idea what deduction will be al- and the stories that impacted multiple genera- service and served the Committee and the lowed until the vehicle is actually sold. That sale may not occur until months later, forcing tions. federal government with honor, integrity and the donor to roll the dice on the final deduction Losing the Tucson Citizen is losing a piece enthusiasm. We will miss his expertise and amount. of history and losing a bit of family. counsel greatly—his knowledge and under- During congressional debate, proponents ar- For the past several decades, the Tucson standing of the issues at hand will be difficult gued that the changes would not add new bur- Citizen has been a family affair. Many a re- to match. Thank you, Kevin, for your many dens on vehicle donors or adversely impact porter, assignment editor and publisher years of service to the federal government, the charitable giving. To the contrary, evidence worked in the same newsroom as their pre- United States Congress and our nation. abounds that the changes have seriously dis- vious relatives. This newspaper worked hard f rupted charitable giving and forced many char- to connect our present with our past and an- RESTORE BALANCE TO TAX ities to curtail services to low-income bene- other voice will be lost when the doors finally ficiaries. shut forever. TREATMENT OF CHARITABLE VEHICLE DONATIONS Two recent government reports have con- From the beginning, there have been indi- cluded that charitable vehicle donations have viduals dedicated to keeping the public in- dropped significantly since federal tax law formed, communities educated, and discourse HON. WILLIAM D. DELAHUNT changed four years ago. In March 2008, a alive and well. Throughout its existence, the OF MASSACHUSETTS Government Accountability Office (GAO) study Tucson Citizen has worked to provide our IN THE HOUSE OF REPRESENTATIVES of 10 national charities over the two years community with accurate information. A desire Thursday, May 7, 2009 after the law changed found that vehicle dona- for good journalism is vital to fostering a more tions had dropped by 39 percent and that the Mr. DELAHUNT. Madam Speaker, in 2004, enlightened public. I ask to recognize the Tuc- resulting charitable revenues decreased by 25 the Congress enacted changes in the federal son Citizen for its contribution to Southern Ari- percent. In May 2008, the Internal Revenue tax code intended to address real and per- zona. Service documented that the number of vehi- ceived abuses related to charitable donations f cles donated in 2005, the first year after the of vehicles. Those changes, while well-in- TRIBUTE TO MR. KEVIN COOK rules changed, decreased by 67 percent and tended, have had unanticipated and serious that their value fell by over 80 percent. consequences. Over the last four years, chari- To feel informed enough to decide whether HON. MICHAEL K. SIMPSON table vehicle donations have plummeted. The to donate a vehicle, taxpayers need a reason- OF IDAHO steep decrease in revenue has forced many able degree of certainty about the resulting IN THE HOUSE OF REPRESENTATIVES charities—in my state and across the coun- deduction. Otherwise, alternatives such as a try—to reduce services to their beneficiaries. Thursday, May 7, 2009 private sale or dealer trade-in become more The adverse impact on charities is espe- attractive. This is clearly not what the Con- Mr. SIMPSON. Madam Speaker, I rise today cially alarming in the context of the recession gress intended. to pay tribute to Mr. Kevin Cook, former Clerk currently gripping the nation. The economic The objective of the original 1986 car dona- of the House Appropriations Subcommittee on downturn has exacerbated demand for chari- tion provision in the federal tax code was to Energy and Water Development, who recently table services. But the changes enacted in encourage charitable donations and to help retired after ten years of honorable service for 2004 are strangling the charitable contribu- charities develop new ways to generate con- the U.S. Congress and over thirty years of tions on which those services depend. tributions. The 2004 amendments have under- service with the federal government. During I have introduced legislation to refine those mined that goal without improving IRS en- my time serving as a Member of this Sub- changes in ways that restore better balance to forcement. As a result, charities and their committee. I had the distinct pleasure of work- this provision of the tax code and fulfill the beneficiaries are suffering. ing with Mr. Cook and benefiting from his original intent of Congress: to promote chari- The change has affected not only the num- knowledge and counsel on budgetary, policy table donations. Every car and truck donated ber of donations, but also the quality of do- and oversight matters. to charity, moreover, would help stimulate nated vehicles. News articles from across the Mr. Cook devoted his career to serving in sales of new automobiles—at a fraction of the country reflect plummeting donation rates and the federal government and spent almost per-transaction cost of any auto bailout pro- the precipitous decline in revenue of non-profit three decades working for various federal posal. community organizations. The news coverage agencies and for Congress. Mr. Cook started Before 2005, a taxpayer could deduct the itself has exacerbated the problem. Potential his career as a geologist for the U.S. Forest fair market value (FMV) of vehicles donated to donors concerned about the changes are dis- Service before spending over 20 years as a charity. Under Section 170 of Title 26 of the couraged further by the perception of the new hydrologist, water resources planner, project U.S. Code, a donor could claim the FMV as burdens associated with the amended rules.

VerDate Nov 24 2008 04:35 May 08, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MY8.049 E07MYPT1 smartinez on PROD1PC64 with REMARKS E1102 CONGRESSIONAL RECORD — Extensions of Remarks May 7, 2009 Charities that had operated successful vehi- ‘‘(I) a qualified appraisal as defined in (E) Tanimura, known to all as Johnny, recently cle donation programs, either independently or of paragraph (11) of this section, passed away at the age of eighty-eight. He though third-party fundraisers, have been hit ‘‘(II) a statement that the deductible was a farmer’s farmer. As one of the founders amount may not exceed the appraised value hard. Those unable to cover overhead costs of the vehicle, and of the Tanimura & Antle produce company, he have eliminated vehicle donation programs ‘‘(III) if the organization sells the vehicle helped build it into the nation’s largest private and resolved to forego the resulting revenue without any significant intervening use or lettuce producer. So while you may have stream. It appears that no charities have initi- material improvement a certification that never heard of Johnny Tanimura, I can guar- ated or expanded vehicle donation programs the vehicle was sold in an arm’s length antee that every member of this House has over the past two years. transaction between unrelated parties. eaten something that Johnny and his family Contrary to reassurances offered during the ‘‘(C) CONTEMPORANEOUS.—For purposes of grew. As an integral part of the Salinas Val- congressional debate, the tax law changes subparagraph (A), an acknowledgement shall ley’s agricultural and cultural fabric, he will be constituted a classic example of the baby be considered to be contemporaneous if the donee organization provides it within 30 days missed tremendously. However, the legacy being thrown out with the bathwater. This of the contribution of the qualified vehicle. that he planted and nurtured will produce a overreach has had serious ramifications for ‘‘(D) INFORMATION TO SECRETARY.—A donee crop for generations to come. social services provided by non-profit groups organization required to provide an acknowl- Born November 21, 1920 in San Juan across the country. Modest tax incentives are edgement under this paragraph shall provide Bautista, California to Eijiro Kimoto and Yukino critical to sustaining charitable contributions, to the Secretary the information contained Tanimura, he was the sixth of 13 children in including in-kind gifts. The decline in vehicle in the acknowledgement. Such information a farming family. Johnny graduated from Sali- donations since 2004 could be addressed by shall be provided at such time and in such nas High School and served in the Army as a manner as the Secretary may prescribe. minor legislative refinements that would also guard in Germany, while his family was in- ‘‘(E) QUALIFIED VEHICLE.—For purposes of address potential abuses and buttress IRS en- this paragraph, the term ‘qualified vehicle’ terned in Poston, Arizona, during World War forcement. means any— II. Following are the text and technical analysis ‘‘(i) motor vehicle manufactured primarily After relocating to Gilroy, Johnny along with of my proposed legislation, which I view as a for use on public streets, roads, and high- his siblings rebuilt their living in the farming starting point for new congressional debate on ways, business with harvesting jobs. Through hard this important issue. ‘‘(ii) boat, or work, Johnny, his brothers and their families A bill to amend the Internal Revenue Code of ‘‘(iii) airplane. commenced a farming enterprise that grew 1986 to promote charitable donations of Such term shall not include any property from the seeds of love, respect and coopera- qualified vehicles. which is described in section 1221(a)(1). tion. The Tanimura family created ties with Be it enacted by the Senate and House of Rep- ‘‘(F) REGULATIONS OR OTHER GUIDANCE.— The Secretary shall prescribe such regula- Bud Antle and his family in 1948, and the two resentatives of the United States of America in families jointly established the formation of Congress assembled, tions or other guidance as may be necessary Tanimura & Antle in 1982, a successful and SECTION 1. TREATMENT OF QUALIFIED VEHICLE to carry out the purposes of this paragraph.’’ DONATIONS. (b) PENALTY FOR FRAUDULENT ACKNOWL- dynamic family farming enterprise in the Sali- (a) IN GENERAL.—Paragraph 12 of sub- EDGMENTS.— nas Valley. section (f) of section 170 of title 26 (relating (1) IN GENERAL.—Part I of subchapter B of His dedication to the lettuce farming was to disallowance of deduction in certain cases chapter 68 (relating to assessable penalties), tireless, as he worked throughout his life with- and special rules), as amended by this Act, is as amended by this Act, is amended by in- out ever retiring. He and his brothers were an serting after section 6719 the following new amended to read as follows: ever present sight in their ubiquitous white ‘‘(12) CONTRIBUTIONS OF USED MOTOR VEHI- section: pickup inspecting and tending to their various CLES, BOATS, AND AIRPLANES.— ‘‘SEC. 6720. FRAUDULENT ACKNOWLEDGMENTS ‘‘(A) IN GENERAL.—In the case of a con- WITH RESPECT TO DONATIONS OF ranches up and down the Salinas Valley. Even tribution of a qualified vehicle paragraph (8) MOTOR VEHICLES, BOATS, AND AIR- when he was unable to get around without a shall not apply and no deduction shall be al- PLANES. walker or wheelchair, he had someone take lowed under subsection (a) for such contribu- ‘‘Any donee organization required under him into the fields multiple days a week to tion unless the taxpayer substantiates the section 170(f)(12)(A) to furnish a contempora- make sure the farming went smoothly. contribution by a contemporaneous written neous written acknowledgment to a donor which knowingly furnishes a false or fraudu- He is survived by his wife, Sakako (Sachi); acknowledgement of the contribution by the daughters Jeannie, Susan and June donee organization that meets the require- lent acknowledgment, or which knowingly ments of subparagraph (B) and includes the fails to furnish such acknowledgment in the Tanimura; grandchildren Brian Cobb and Jen- acknowledgement with the taxpayer’s return manner, at the time, and showing the infor- nifer Caro; great grandchildren Desiree and of tax which includes the deduction. mation required under section 170(f)(12), or Mateo Caro, Draven Cobb, Jake Esqueda and ‘‘(B) CONTENT OF ACKNOWLEDGEMENT.—An regulations prescribed thereunder, shall for MacKenzie Wright; brothers and sisters-in-law, acknowledgement meets the requirements of each such act, or for each such failure, be George and Masaye Tanimura, and Tommy this subparagraph if it includes the following subject to a penalty equal to— and Hisako Tanimura; sister-in-law, Fumiko ‘‘(1) the product of the highest rate of tax information: Tanimura, wife of his late brother Charles ‘‘(i) The name and taxpayer identification specified in section 1 and the claimed value number of the donor. of the vehicle, or (Charlie); and sisters Alice Sato, Rose Yuki ‘‘(ii) The vehicle identification number or ‘‘(2) $5,000.’’ and Betty Furisho. similar number. (2) CONFORMING AMENDMENT.—The table of Madam Speaker, Johnny Tanimura’s life ‘‘(iii) In the case of a qualified vehicle that sections for part I of subchapter B of chapter was filled with impactful accomplishments. He is not sold by the organization 68, as amended by this Act, is amended by in- leaves behind a footprint on the agricultural ‘‘(I) a certification of the intended use or serting after the item relating to section 6719 business of the Salinas Valley through hard material improvement of the vehicle and the the following new item: work and a loving and dedicated heart, and intended duration of such use, and ‘‘Sec. 6720. Fraudulent acknowledgments with re- ‘‘(II) a certification that the vehicle would spect to donations of motor vehicles, touched the lives of those around him. I am not be transferred in exchange for money, boats, and airplanes.’’. certain I speak for the entire House when I ex- other property, or services before completion (c) EFFECTIVE DATE.—The amendments tend our heartfelt sympathy to his family, of such use or improvement, and made by this section shall apply to contribu- friends and colleagues. ‘‘(iv) In the case of any qualified vehicle tions made after December 31, 2006. the claimed value of which does not exceed f f $2500— PERSONAL EXPLANATION ‘‘(I) the fair market value of the vehicle as IN HONOR OF JOHN TSUKASA determine in accordance with regulations TANIMURA prescribed by the Secretary, HON. LYNN A. WESTMORELAND ‘‘(II) a statement that the deductible OF GEORGIA amount may not exceed the fair market HON. SAM FARR IN THE HOUSE OF REPRESENTATIVES value of the vehicle, and OF CALIFORNIA ‘‘(III) if the organization sells the vehicle Thursday, May 7, 2009 IN THE HOUSE OF REPRESENTATIVES without any significant intervening use or Mr. WESTMORELAND. Madam Speaker, material improvement a certification that Thursday, May 7, 2009 the vehicle was sold in an arm’s length on May 4, 2009 I stayed at home due to an transaction between unrelated parties. Mr. FARR. Madam Speaker, I rise today to ongoing medical condition. As a result, I ‘‘(v) In the case of any qualified vehicle the honor the passing of a great American that missed two votes. Had I been present, I would claimed value of which exceeds $2500— you may have never heard of. John Tsukasa have voted the following:

VerDate Nov 24 2008 04:35 May 08, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\K07MY8.014 E07MYPT1 smartinez on PROD1PC64 with REMARKS May 7, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1103 ‘‘Yea’’ on Motion to Suspend the Rules and Since joining the Bartlett Police Department served on President Bush’s Special Com- Pass H. Res 230, a bill Recognizing the his- in 1998, Detective Swindol has made an im- mittee on Mental Health. torical significance of the Mexican holiday of mediate impact in a police force through his Despite remarkable talents and powerful Cinco de Mayo (Rollcall No. 229); and professionalism and loyalty to the Bartlett friends, Corrine never lost touch with her com- ‘‘Yea’’ on Motion to Suspend the Rules and community. It is through Detective Swindol’s munity or shrank from the rigors of public Pass H. Con. Res 111, a bill Recognizing the chosen career path that is a testament of the service. The phone number to her family’s 61st anniversary of the Independence of the values that were instilled in him by his parents Pittsfield home was listed publicly, and, during State of Israel (Rollcall No. 230). and family members. Detective Swindol dis- the three decades her husband served in Con- f plays his leadership that is expected during in- gress, she fielded calls from constituents and vestigations for illegal sales, distribution of often followed up on requests herself. She ON THE ENDORSEMENT OF ‘‘ONE narcotics as well as other substances. was an active campaigner, regularly putting in SECOND AFTER’’ BY WILLIAM R. On April 1, 2007, Detective Swindol was long days on the campaign trail, and a favorite FORSTCHEN promoted and began utilizing his talents on with voters, who appreciated her practicality the Bartlett Police Department’s Narcotic Unit. and command of the issues. After her hus- HON. ROSCOE G. BARTLETT Detective Swindol has displayed his ability to band’s death in 1991, she dedicated herself to OF MARYLAND adapt, overcome obstacles, and thrive under preserving his extensive and important legacy. Away from the public eye, Corrine was IN THE HOUSE OF REPRESENTATIVES pressure. His dedication and diligent work with known to be a loving mother and a woman of Thursday, May 7, 2009 the unit even led to the seizure of $62,000.00 cash as well as the suspect. Detective great faith. She was also a life-long Boston Mr. BARTLETT. Madam Speaker, I rise Swindol was an integral part in this investiga- Red Sox fan and reportedly was elated to see today to bring up the book One Second After, tion, which deserves the credit for one of the her team finally reverse the ‘‘Curse of Bam- which was written by historian and novelist largest cash seizures in the department’s his- bino’’ by sweeping the World Series in 2004. William R. Forstchen. It lays out a fact-based tory. I can proudly say that all of this hard Corrine Conte’s strength, warmth and charm were legendary. The friends she made and scenario of what life would be like after an work paid off. I commend Detective Swindol the people she touched throughout her re- EMP attack. I think that the American people for his exemplary example of dedication and markable life will miss her dearly. should read this book. It tells the story of a service. I have no doubt that Detective ballistic missile EMP attack on our country. Swindol’s hard work has improved the lives of f The weapon was launched from a ship off our everyone that calls the City of Bartlett their CREDIT CARDHOLDERS’ BILL OF shore, and then the ship was sunk so that home. RIGHTS ACT OF 2009 there were no fingerprints. It was launched Please join me in honoring Jeffrey Swindol about 300 miles high over Nebraska, and it and wishing him and his family the best on SPEECH OF shut down our infrastructure country-wide. this well-deserved award. HON. LUCILLE ROYBAL-ALLARD This book is a realistic assessment of what a f OF CALIFORNIA really robust EMP lay-down could do to our IN THE HOUSE OF REPRESENTATIVES country. IN MEMORIAM: CORRINE CONTE As a scientist and engineer now serving my Wednesday, April 29, 2009 17th year on the House Armed Services Com- HON. JOHN W. OLVER The House in Committee of the Whole mittee, I have studied the threat of EMP with OF MASSACHUSETTS House on the State of the Union had under consideration of the bill (H.R. 627) to amend the world’s experts and it is real. I find it very IN THE HOUSE OF REPRESENTATIVES disturbing that EMP is well understood and its the Truth in Lending Act to establish fair Thursday, May 7, 2009 and transparent practices relating to the ex- capability is actively pursued by America’s po- tension of credit under an open end con- tential foes, but it is virtually unknown to the Mr. OLVER. Madam Speaker, I rise to sumer credit plan, and for other purposes: honor the life of Corrine Louise Conte, a be- American public. Imagine a world where the Ms. ROYBAL-ALLARD. Mr. Chair, I rise in loved neighbor and community member in only person you could talk to is the person support of H.R. 627, the Credit Cardholders’ western Massachusetts and Washington, DC. next to you, the only way you could go any- Bill of Rights. I am very pleased that leader- Corrine was a woman of many talents. A where is to walk and the electronic grid is de- ship has brought this important consumer pro- native of Pittsfield, she was a star swimmer at stroyed. This is only the beginning of the im- tection legislation to the floor today. pact from an EMP attack. Pittsfield High School, and she later became As we all know, having a credit card ac- Glen Reynolds, who is a law professor at an accomplished pilot. Once, while flying near count is essential to building the credit history the University of Tennessee, a contributing her home, her plane’s engine failed, but she needed to buy a home or obtain a loan. Given editor at Popular Mechanics, and the author of steered the descending plane into an open the necessity of having good credit, I am very various law review articles, writes as the editor field and escaped with only a fractured rib, an concerned that in recent years, credit card of Instapundit.com how much he enjoyed the injury she dismissed as trifling. companies have established policies which re- book and how he hopes that this book will During World War II, Corrine served as a sult in limiting the control that individuals have draw attention to the threat of an EMP. I want nurse in the Navy, where she met her future over their financial decisions. This inappro- to take this opportunity to share it with all of husband, the late, great Congressman Silvio priate level of control has serious implications my colleagues. O. Conte. The couple married after the war, for people’s lives and their financial security. ‘‘So I finished William Forstchen One Sec- and Corrine continued to serve as a nurse One common practice is that a credit card ond After, and it’s pretty good—sort of an while raising their four children. When Silvio company will raise interest rates without warn- Alas, Babylon for the 21st Century. Forstchen was elected to the House of Representatives, ing. When a credit card holder tries to opt out, hopes to attract attention to the danger of an she moved their family to Bethesda, Maryland, they realize they are locked into a plan that EMP attack, and I hope he does. I’m somewhere she became a successful real estate differs vastly from what they originally signed what less positive about whether that will agent. up for. These types of abuses against con- produce any actual, useful preparation.’’ Ever-welcoming, Corrine opened her fam- sumers have even more serious implications f ily’s home in Bethesda to ambassadors and in these trying economic times, in that families politicians, regardless of political party. Her may not be able to meet credit obligations that HONORING DETECTIVE JEFFREY gatherings were known for being intimate and were not expected or planned. K. SWINDOL down-to-earth. When a Russian delegation The Credit Cardholders’ Bill of Rights en- once came to dinner, they were surprised to sures that credit cardholders are protected HON. MARSHA BLACKBURN find that Corrine had done all the cooking her- from unfair and confusing credit card gimmicks OF TENNESSEE self that result in their being required to pay more IN THE HOUSE OF REPRESENTATIVES She was a friend to several Presidents, than what they should owe to the credit card meeting each Chief Executive from Dwight Ei- companies. Thursday, May 7, 2009 senhower to George H.W. Bush, and even The bill protects cardholders against arbi- Mrs. BLACKBURN. Madam Speaker, it is a dancing with Lyndon Johnson at his inaugural trary interest rate increases, empowers them privilege to rise today to honor Detective Jef- ball. True to form, she made all of her White to set limits on their credit and requires card frey Swindol for being selected as the Bartlett House gowns herself, working from a sewing companies to fairly credit and allocate pay- Police Department’s 2008 Officer of the Year. table in her basement. In the late 1980s, she ments. It also prohibits charging fees just to

VerDate Nov 24 2008 04:35 May 08, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MY8.051 E07MYPT1 smartinez on PROD1PC64 with REMARKS E1104 CONGRESSIONAL RECORD — Extensions of Remarks May 7, 2009 pay a bill by phone or issuing credits cards to TRIBUTE TO TYLER CLARY the OSCE region. Vibrant independent media minors. are an essential element of any democracy. These new, common-sense protections will HON. KEN CALVERT Leaders the world over who are determined to empower consumers and prevent the credit OF CALIFORNIA remain in office by any means necessary un- card industry from continuing to reap exces- IN THE HOUSE OF REPRESENTATIVES derstand perfectly the power of the press. That is precisely why they and their associates sive profits from often unsuspecting cus- Thursday, May 7, 2009 tomers. strive so vigorously to control the media. In- Mr. CALVERT. Madam Speaker, I rise today deed, there are a variety of means commonly I ask my colleagues to vote ‘‘yes’’ on this to honor and pay tribute to an individual who used by those attempting to harass or intimi- critical consumer protection measure, and I possesses the talent, athleticism and dedica- date journalists. urge the Senate to act on this measure so that tion of an Olympic athlete. University of Michi- Physical attacks on journalists have become it can be quickly signed into law. gan Sophomore Tyler Clary is turning heads commonplace in many part of the OSCE re- and breaking records in the swimming world; gion along with police raids, spurious court f and he’s ready for the next step—the Olym- cases, arrests, and forcible psychiatric hospitalization. In recent days those attacked in- CONGRATULATING SAUNDERS pics. Tyler grew up in Riverside, California, where his parents still reside. Our entire com- cluded Argishti Kivirian, editor of the inde- YACHTWORKS ON ITS 50TH ANNI- pendent news Web site Armenia Today, VERSARY munity is very proud of this young man and his accomplishments. Vyacheslav Yaroshenko, editor of Corruption Tyler graduated from Poly High School in and Crime, a weekly in the southwestern Rus- HON. JO BONNER 2007 where he was a CIF champion in swim- sian city of Rostov-na-Donu, and Anastasia ming. Tyler is now flourishing at the University Akopyan, a young journalist assaulted fol- OF ALABAMA of Michigan. He recently captured his first lowing circulation of an interview she did with IN THE HOUSE OF REPRESENTATIVES NCAA title and his time of 3:35.98 broke the an opposition mayoral candidate in the Rus- American Record of 14-time Olympian gold sian city of Sochi. Thursday, May 7, 2009 medalists Michael Phelps by 28 hundredths of The situation in several other OSCE countries remains mixed. While the Belarusian re- Mr. BONNER. Madam Speaker, today I rise a second. Tyler received a congratulatory text gime allowed two independent newspapers to to honor Saunders Yachtworks with facilities in message from Michael Phelps, who Tyler distribute through state-controlled outlets, the Orange Beach and Gulf Shores, Alabama, on trained with at Michigan. The next night Tyler overall media environment remains repressive. its 50th anniversary. captured the 200-yard backstroke title and broke another NCAA record of Olympian gold Independent journalists continue to be har- In 1959, the Saunders Engine & Equipment medalists Ryan Lochte. assed. A new media law entered into force in Company, Inc. was founded by Andrew Saun- Tyler’s coaches are not only impressed by February contains provisions that toughen ders Sr. in Mobile, and today members of the his pure athleticism but by his great attitude. state control over the media as the Belarusian second and third generation represent the ma- A recruiting coach from Cal said that he knew government seeks to maintain a virtual mo- jority of the company’s ownership. The com- Tyler ‘‘was going to be one of the greats.’’ nopoly over the country’s information space, pany’s ‘‘can do’’ attitude has set it apart as a Tyler intends to prove that correct as he sets especially television. In Armenia, the inde- premier marine service provider along the cen- his sights on the 2012 Olympics. He was just pendent A1+ television station, forced off the tral Gulf Coast. shy of making the cut for the 2008 Olympics air by the authorities, remains silent despite a In 1993, Saunders Yachtworks opened as a and Tyler doesn’t intend to let anything get in ruling on the case by the European Court of mechanical service facility in Orange Beach, his way the next time around. He has begun Human Rights nearly a year ago. While the re- and in 2007, Saunders Yachtworks became preparation for this year’s world champion- lease of some imprisoned journalists in Azer- the sole focus of the corporation. This year, ships, which will be held this summer in baijan is a positive development, the authori- the company expanded its operations to Gulf Rome. ties have yet to repeal criminal defamation Shores with the opening of its new corporate Tyler is also a five-time All American Ath- provisions. In Georgia, the government should headquarters and mechanical service shop. lete, the 2009 Swimmer of the Year, the 2009 take decisive action on promised reforms on This new facility features one of the largest Big Ten (Conference) Swimmer of the Year, media liberalization. boat lifts on the central Gulf Coast allowing and holds the University of Michigan’s records In the Balkans, media outlets are commonly Saunders to work on boats up to 115 feet. in the 200 Individual Medley (IM), 400 IM, 200 targeted for harassment and occasional vio- There is no doubt this new expansion will Backstroke and 800 Free Relay. Tyler was the lence. In Serbia, several journalists were re- bring yachters from around the world to Ala- 2006 Fe´de´ration Internationale de Natation portedly attacked earlier this year by a radical bama’s Gulf Coast. (FINA) World Youth Top Male Performer. In group organizing a commemoration of the 10- year anniversary of NATO bombing. Investiga- Throughout its 50 years of operations, the 2007, Tyler was the Silver Medalist in the 200 Backstroke at the Pan American Games. tive media in Kosovo have come under pres- company has received numerous awards and sure for their attempts to expose corruption. accolades. In 1990, Saunders Engine & Madam Speaker, it is a rare honor to be able to speak about an athlete who is ex- Independent media in Montenegro are fre- Equipment was named ‘‘Small Business of the quently the target of trumped-up defamation Year’’ by the Mobile Area Chamber of Com- pected to break records and possibly become a future Olympic champion. Tyler Clary has and libel charges. In Albania, the magazine merce. Earlier this year, Saunders Yachtworks Tema was reportedly forced to cease oper- was named Boatyard of the Year by the Amer- everything it takes and I believe that three years from now I will be on the House floor ations under government pressure, while TV ican Boat Builders and Repairers Association. News 24 was apparently assessed a large fine This award is given to the boatyard that ‘‘dem- congratulating Tyler on a successful return from the 2012 Summer Olympics being hosted for ridiculing another station’s promotion of the onstrates excellence in all facets of business country’s prime minister. This year marks the through commitment to customer service, in London. Tyler exemplifies the best of our future generations and I look forward to watch- tenth anniversary of the murder of Serbian quality management and positive vendor and journalist and editor, Slavko Curuvija, who tes- employee relations.’’ ing him in the years to come. f tified before the Helsinki Commission shortly Madam Speaker, I ask my colleagues to join before his death, a case which authorities with me in congratulating Saunders FREE MEDIA UNDER PRESSURE IN have yet to resolve. Yachtworks on its 50th anniversary and for THE OSCE REGION Meanwhile, in Kazakhstan, the opposition being recognized as the Boatyard of the Year. weekly Taszharghan has reportedly been I know John Fitzgerald, the company presi- HON. ALCEE L. HASTINGS forced to cease publication following the impo- dent, Andrew Saunders Jr., chairman of the OF FLORIDA sition of a $200,000 fine for damaging the board, along with the company employees, IN THE HOUSE OF REPRESENTATIVES honor and dignity of a member of the Kazakh their friends, families, and members of the parliament. According to the Committee to community also join with me in praising Saun- Thursday, May 7, 2009 Protect Journalists, at least half a dozen inde- ders Yachtworks for their many accomplish- Mr. HASTINGS of Florida. Madam Speaker, pendent outlets and their staffers faced more ments and for extending thanks for their con- as Co-Chairman of the Helsinki Commission I than 60 such defamation lawsuits in 2008 tinued service to the Alabama business com- can attest to the fact that freedom of the press alone, with many involving claims by senior munity and the First Congressional District. is only a cherished dream for many today in government officials.

VerDate Nov 24 2008 04:35 May 08, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MY8.055 E07MYPT1 smartinez on PROD1PC64 with REMARKS May 7, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1105 Madam Speaker, nearly two decades after new China Market Advocate program at U.S. While an estimated 200 million Chinese the breakup of the U.S.S.R., Soviet-era cen- Export Assistance Centers around the nation. school children are studying our language and sorship survives in places like Uzbekistan and The bill provides assistance to small busi- culture, less than 50,000 American elementary Turkmenistan, which, not coincidentally, ban nesses for China trade missions and author- and secondary students are studying Chinese. all political opposition. izes grants for Chinese business education The goal of the U.S.-China Language En- f programs. gagement Act is to provide our schools with I strongly support the U.S.-China Market En- the resources they need to offer Chinese lan- THE U.S.-CHINA COMPETITIVENESS gagement and Export Promotion Act because guage instruction and cultural studies classes. AGENDA OF 2009 we need innovative programs that support our This important legislation would instruct the small business exports and arm them with the Department of Education to offer competitive HON. MARK STEVEN KIRK tools they need to succeed in China. grants to Local Education Agencies (LEAs) to OF ILLINOIS Roughly 200 million students are learning develop and implement innovative Chinese IN THE HOUSE OF REPRESENTATIVES English in China today. By contrast, only language and cultural studies programs. Thursday, May 7, 2009 about 50,000 primary and secondary school LEAs, in collaboration with institutions of students study Chinese in America. Ms. higher education, may use grant funds to carry Mr. KIRK. Madam Speaker, today I am DAVIS’s bill increases Chinese cultural studies out intensive summer Chinese language in- proud to join my good friend, the gentleman and language acquisition for elementary, high struction, link bilingual Chinese and English from Washington (Mr. LARSEN), in unveiling school and college-age students. Grants speakers with students and conduct virtual the bipartisan U.S.-China Competitiveness would be available to fund university joint ven- cultural exchanges with educational institutions Agenda of 2009. This agenda includes four ture programs, virtual cultural exchanges with in China. legislative priorities to expand America’s influ- Chinese schools and intensive summer lan- This bill is part of a broader legislative pack- ence in China and increase American com- guage instruction programs. age seeking to improve our competitive edge petitiveness in the global marketplace. We have more than just a trade deficit with and relationship with China. As co-chairs of the bipartisan House U.S.- China—we also have a knowledge deficit. Some may view China’s resurgence as a China Working Group, we are working in Con- That is why I strongly support the U.S.-Chi- threat. But today, Madam Speaker, I ask you gress to elevate the sophistication of our de- nese Language Engagement Act. We need to turn China’s rise into an opportunity for bate on U.S.-China issues. The U.S.-China additional funding for domestic Chinese lan- United States citizens. Competitiveness Agenda provides Congress guage programs, educational exchanges and Through careful diplomacy, I believe China with a constructive legislative package to ex- Chinese teacher exchanges to fix this knowl- can become not only a competitor but also a pand U.S. engagement with China while sup- edge imbalance. partner. But we cannot have this dialogue if porting key domestic and foreign policy objec- To create green jobs in America and fight we cannot understand the Chinese people. tives. global climate change, we must expand en- This is why I come before you today: to ask Along with two other Working Group mem- ergy cooperation between the U.S. and China. for your help in ensuring that the lines of com- bers, Congresswoman SUSAN DAVIS (D-Calif.) Mr. ISRAEL’s bill authorizes new grants to fund munication between the United States and and Congressman STEVE ISRAEL (D-N.Y.), we U.S.-China energy and climate change edu- China stay open. Please support the U.S.- are introducing bipartisan legislation to expand cation programs, along with joint research and China Language Engagement Act and help America’s diplomatic infrastructure in China, development of carbon capture, sequestration bridge the language barrier and cross the cul- boost support to small- and medium-sized technology, improved energy efficiency, and tural gap between future generations of Ameri- businesses exporting to the China market, in- renewable energy sources. cans and the Chinese. crease funds for domestic Chinese language In my view, China’s connections to unstable f instruction and build new cooperative energy energy markets like Iran, Sudan and Ven- ties between the U.S. and China. ezuela could set a foreign policy collision CREDIT CARDHOLDERS’ BILL OF The U.S. has one embassy and five con- course with the United States. I strongly sup- RIGHTS ACT OF 2009 sulates in China, leaving more than 200 cities port the U.S.-China Energy Cooperation Act. with a population greater than one million peo- To protect our environment and avoid future SPEECH OF ple with little to no American representation. conflict, we need creative programs to boost Additionally, while 60 percent of U.S. exports HON. MAXINE WATERS U.S.-China energy cooperation. OF CALIFORNIA go to the Asia-Pacific market, the U.S. contrib- I want to thank my colleagues for their hard IN THE HOUSE OF REPRESENTATIVES utes 100 times more dollars to Europe’s Orga- work on this bipartisan agenda. I urge my col- nization for Economic Cooperation and Devel- leagues to cosponsor all four bills and move Wednesday, April 29, 2009 opment than to the Asia Pacific Economic Co- quickly to enact this legislation into law. The House in Committee of the Whole operation Forum. f House on the State of the Union had under My legislation, the U.S.-China Diplomatic consideration of the bill (H.R. 627) to amend Expansion Act of 2009, authorizes the con- INTRODUCTION OF U.S.-CHINA the Truth in Lending Act to establish fair struction of a new consulate in Fuzhou and 10 LANGUAGE ENGAGEMENT ACT and transparent practices relating to the ex- smaller diplomatic posts in cities with more OF 2009 tension of credit under an open end con- than a million people. The bill triples funding sumer credit plan, and for other purposes: for public diplomacy, boosts funding for a HON. SUSAN A. DAVIS Ms. WATERS. Mr. Chair, I rise today in range of language, student and teacher ex- OF CALIFORNIA strong support of H.R. 627, the Credit Card- change programs, increases funding for rule of IN THE HOUSE OF REPRESENTATIVES holders’ Bill of Rights, and would like to thank law initiatives and more than triples the U.S. Financial Institutions Chairman LUIS GUTIER- contribution to Asia Pacific Economic Co- Thursday, May 7, 2009 REZ and Congresswoman MALONEY for their operation. Mrs. DAVIS of California. Madam Speaker, continued dedication and leadership on this If we are serious about expanding export I rise today to introduce the U.S.-China Lan- issue. promotion services, defending intellectual guage Engagement Act of 2009—a bill to I am proud to be an original cosponsor of property rights, improving consumer product close the knowledge deficit when it comes to H.R. 627. Thanks to this legislation, abusive safety and enhancing economic competitive- our relationship with China. billing practices will end. No longer will a com- ness, we need a diplomatic infrastructure in It is little news to anyone that China is on pany be able to harm consumers by engaging China that reflects those priorities. the rise. With a population of over 1.3 billion in double-cycle billing. No longer will a com- I am proud to co-sponsor three other bipar- people and the second largest economy in the pany be able to harm consumers by applying tisan bills in the U.S.-China Competitiveness world when measured by domestic purchasing their payments to the lowest-interest balance. Agenda, including Mr. LARSEN’s U.S.-China power parity, China is poised to become a No longer will these companies be able to Market Engagement and Export Promotion Act world power, economically, diplomatically, and harm consumers through arbitrary interest rate of 2009, Ms. DAVIS’s U.S.-Chinese Language militarily. increases or universal default practices. Engagement Act of 2009 and Mr. ISRAEL’s Yet at a time when China’s influence on the This bill also requires—as a result of an U.S.-China Energy Cooperation Act of 2009. world stage is increasing, our national under- amendment I offered at markup—that the Fed- Mr. LARSEN’s bill would help states establish standing of the ‘‘Middle Kingdom’’ has not kept eral Reserve conduct a study of how credit export promotion offices in China and create a pace. card companies are treating credit lines. Some

VerDate Nov 24 2008 04:35 May 08, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MY8.057 E07MYPT1 smartinez on PROD1PC64 with REMARKS E1106 CONGRESSIONAL RECORD — Extensions of Remarks May 7, 2009 companies are reducing the credit lines of I want to congratulate coaches Colette member of various neighborhood, civic and consumers based on information such as Huelsmann and Brian Holtgrave on leading municipal organizations, and he led numerous where they shop—including the type of store this group of young ladies to this victory. Most efforts in organizing voter registration drives in and the neighborhood in which it is located. I of all, I want to congratulate the members of the Hispanic neighborhood. am also aware that some companies have re- the state champion St. Rose Lady Wildcats: Moreover, Father Fallon’s commitment to duced credit lines based on the identity of the Abby Holtgrave, Amanda Gall, Brooke ministering to those who suffered emotional or consumer’s mortgage lender. This type of be- Buehne, Erika VonBokel, Lauren Willis, Ellie physical hardships never wavered. He never havior is tantamount to redlining. Detmer, Elizabeth Marcus, Lydia Rehkemper, missed his weekly visits to those who were I hope that the Federal Reserve study con- Larissa Jacob, Maddie Timmermann, Avoynna homebound or those living in the neighboring tained in this bill will provide the Congress Kampwerth and Jamie Voss. nursing home. He brought each person the with the information we need to reign in these These young ladies have represented them- sacrament of communion, a compassionate abusive practices. selves, their school and their community in an presence and kind and calming words, com- I urge my colleagues to support H.R. 627, exemplary fashion, and I congratulate them, fort, faith and hope to our most vulnerable citi- the Credit Cardholders’ Bill of Rights Act of and wish them all the best for continued suc- zens. 2009. cess in the classroom and on the court. Madam Speaker and Colleagues, please f f join me in honor and remembrance of Father David Francis Fallon, whose immeasurable NATIONAL DAY OF PRAYER IN REMEMBRANCE OF FATHER service to others, compassion, faith, and a DAVID FRANCIS FALLON true belief in community has brought healing, HON. ERIC CANTOR hope and restored faith in all of us. I extend OF VIRGINIA HON. DENNIS J. KUCINICH my deepest condolences to the family and IN THE HOUSE OF REPRESENTATIVES OF OHIO friends of Father David Francis Fallon. Though Thursday, May 7, 2009 IN THE HOUSE OF REPRESENTATIVES he will be deeply missed by everyone who Mr. CANTOR. Madam Speaker, I rise today Thursday, May 7, 2009 knew and loved him well, Father Fallon’s com- to call special attention to an activity Ameri- passionate service to others will continue to Mr. KUCINICH. Madam Speaker, I rise serve as an example and as a source of hope cans engage in throughout every day—prayer. today in honor and remembrance of Father Today is the National Day of Prayer, an obser- at La Sagrada Familia parish David Francis Fallon, founding Pastor of La f vation established by Congress and President Sagrada Familia Parish. His love, kindness Truman in 1952. and faithful service on behalf of the people of MAI YANG Our Nation was founded on Judeo-Christian our community will always be remembered, principles, which continue to permeate our especially in the hearts and memories of those daily lives—and need to be preserved. In re- HON. ED PERLMUTTER whose lives he impacted the most—the poor cent times, these principles and the dem- OF COLORADO and disenfranchised of our society. IN THE HOUSE OF REPRESENTATIVES onstration of them has come under attack by Father Fallon was born and raised in Cleve- Thursday, May 7, 2009 certain segments of society. From the very be- land as the second oldest of thirteen children, ginning of our Nation’s history, our Nation’s where he learned at a young age the signifi- Mr. PERLMUTTER. Madam Speaker, I rise leaders have relied heavily on their faith, a cance of family, faith, hard work and connec- today to recognize and applaud Mai Yang who fact that led our Founders to include the con- tion to community. Following his graduation has received the Arvada Wheat Ridge Service stitutional right to freely exercise one’s religion from Borromeo College, then Saint Mary Sem- Ambassadors for Youth award. Mai Yang is a in the very beginning of our Bill of Rights. This inary, Father Fallon was ordained into the senior at Arvada High School and received right is every bit as fundamentally important— priesthood on May 30, 1970. His first assign- this award because her determination and and deserving of protection—today as it was ment was at Holy Family Parish and later as hard work have allowed her to overcome ad- in the 18th century. Associate Pastor at Saint John Bosco Parish. versities. Since the first call to prayer in 1775, when In 1975, Father Fallon was transferred to Saint The dedication demonstrated by Mai Yang the Continental Congress called on the colo- Clement Parish in Lakewood. He served for is exemplary of the type of achievement that nies to pray for wisdom in forming the Nation, two years before joining a mission team in El can be attained with hard work and persever- the leaders of our Nation have continued to Salvador, where he brought faith, hope and a ance. It is essential that students at all levels pray for that wisdom to shape our Nation. We sense of security to his parish there. strive to make the most of their education and look to God to provide us with the direction to Though not of Hispanic heritage, Father develop a work ethic that will guide them for act in accordance with His will, on behalf of Fallon became fluent in its customs, language the rest of their lives. the Americans who have sent us here to rep- and culture, and he became warmly embraced I extend my deepest congratulations once resent them. The one thing we know for cer- as a true son of the people of Cleveland’s His- again to Mai Yang for winning the Arvada tain is that there’s nothing we can’t accom- panic community. He celebrated Masses in Wheat Ridge Service Ambassadors for Youth plish—here in Congress or anywhere in the Spanish, and began bilingual services for award. I have no doubt she will exhibit the world—with God’s help and blessing. young churchgoers. Reflecting a generous same dedication she has shown in her aca- f heart, joy for life and humble demeanor, Fa- demic career to her future accomplishments. HONORING ST. ROSE LADY ther Fallon easily drew others to him and his f leadership became a guiding light that brought WILDCATS MORTGAGE REFORM AND ANTI- people and organizations together. His diplo- PREDATORY LENDING ACT HON. JOHN SHIMKUS macy and commitment to community was evident in the 1998 merging of two Hispanic par- OF ILLINOIS SPEECH OF ishes, San Juan Bautista and Cristo Rey, to IN THE HOUSE OF REPRESENTATIVES form La Sagrada Familia parish. HON. BARBARA LEE Thursday, May 7, 2009 Under the direction of Father Fallon, La OF CALIFORNIA Mr. SHIMKUS. Madam Speaker, I rise today Sagrada Familia has risen as a foundation of IN THE HOUSE OF REPRESENTATIVES to honor an exceptional group of young ladies strength, support and resources for people of Wednesday, May 6, 2009 from Clinton County, Illinois. all ethnic and religious backgrounds who seek The St. Rose Lady Wildcats volleyball team guidance and support. Father Fallon initiated The House in Committee of the Whole House on the State of the Union had under captured the Southern Illinois Junior High numerous programs, including a food pantry consideration the bill (H.R. 1728) to amend School Athletic Association Class S state tour- and clothing outlet where individuals and fami- the Truth in Lending Act to reform con- nament, defeating the squad from Lick Creek lies in need can obtain free food, clothing and sumer mortgage practices and provide ac- in straight sets. St. Rose swept through the furniture. He organized church volunteers to countability for such practices, to provide tournament, not losing a single set on the way serve the community in social service, employ- certain minimum standards for consumer to the title. They knocked off Ewing in the ment and education. mortgage loans, and for other purposes: opener and Centralia Trinity Lutheran in the Additionally, Father Fallon inspired others to Ms. LEE of California. Mr. Chair, I rise in second round, going on a 15–0 tear to come empower themselves and take pride in their strong support of H.R. 1728, the Mortgage Re- from behind and win game one. community. He was an active attendee and form and Anti-Predatory Lending Act.

VerDate Nov 24 2008 04:35 May 08, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MY8.060 E07MYPT1 smartinez on PROD1PC64 with REMARKS May 7, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1107

I want to thank Mr. BRAD MILLER and Mr. Golden Ethics in Business award. I have no I extend my deepest congratulations once MEL WATT for sponsoring this important legis- doubt she will continue to exhibit the same again to the Cost/Productivity Improvement lation and for being a champion for consumers dedication she has shown in her volunteer ca- Program and the Army, Shell and their em- and borrowers. I also want to thank Chairman reer to all future undertakings. ployees and contractors at the Rocky Moun- FRANK for his commitment to finally bringing f tain Arsenal. I have no doubt this program will real reform to our mortgage markets and end- continue to improve practices, while continuing ing predatory lending and misleading and abu- MAY: WORLD TRADE MONTH to inspire employees and workers as they sive lending practices. complete the environmental restoration and I served for 8 years on the House Financial HON. DAVID G. REICHERT transformation of the site into a national wild- Services Committee with my colleagues and OF WASHINGTON life refuge for generations of Americans to we repeatedly warned the, then majority, Re- IN THE HOUSE OF REPRESENTATIVES enjoy. publicans, the Bush Administration, the Treas- Thursday, May 7, 2009 ury and the Federal Reserve about the need f for stronger oversight and critical reforms that Mr. REICHERT. Madam Speaker, May is would end the pattern and practice of preda- World Trade Month, and events around the SUPPORT FOR THE STEM CELL tory lending. country will highlight the vital role that trade RESEARCH ENHANCEMENT ACT Our warnings fell on deaf ears. plays in creating jobs and growing our econ- OF 2009 IN HONOR OF DR. They chose to allow kickback schemes like omy. XIANGZHONG ‘‘JERRY’’ YANG yield spread premiums which put the mort- World Trade Month is the perfect reminder gage lender’s financial incentives in direct con- of the need to pass pending free trade agree- HON. GERALD E. CONNOLLY flict with the interests of the consumers they ments that have languished for far too long. OF VIRGINIA are supposed to serve. As Americans confront economic uncertainty, They chose to allow the reprehensible act of Congress must act now to advance our trade IN THE HOUSE OF REPRESENTATIVES ‘‘steering’’ lower income, senior and minority agenda. We cannot allow important agree- Thursday, May 7, 2009 borrowers into higher rate sub-prime and alt- ments with Panama, Colombia, and Korea to Mr. CONNOLLY of Virginia. Madam Speak- a loans than they qualify for. remain on hold while Europe, China, and other, I rise today to declare my support for the They chose to blindly trust financial institu- ers continue to knock down trade barriers and Stem Cell Research Enhancement Act of tions to ‘‘regulate themselves’’. become more competitive in the global econ- 2009. I intend to cast this vote in honor of the And we and our entire nation know where omy. efforts of Dr. Xiangzhong ‘‘Jerry’’ Yang, a pio- that got us. Opening new global markets gives employ- neer in cloning and stem cell research, who It is long past time that we bring sound, rea- ers incentives to improve their products, died of cancer three weeks ago at the age of sonable regulation and oversight to our mort- produce more goods, and employ more Amer- 49. Dr. Yang left a great legacy of hard work, gage markets. ican workers. I have seen these job-creating dedication, and success on the front lines of And this bill will do that. effects first-hand, with trade accounting for 1 stem cell research. His work has led to a se- I am also very pleased that this bill will pro- out of every 3 jobs in my State of Washington. ries of breakthroughs that have taken us clos- tect renters and tenants who have been si- Let’s recognize World Trade Month by im- er to the dream of cloning stem cells to match lently suffering due to the wave of fore- plementing these trade agreements and pur- an individual and cure the individual’s disease, closures. suing these proven measures of job creation Too many renters who have paid their rent at a time when they are badly needed. a breakthrough that would bring hope to countless men, women, and children who are on time have been finding out for the first time f that the property they live in is being fore- suffering from otherwise untreatable illnesses. closed when the sheriff delivers an eviction COST/PRODUCTIVITY The Yang laboratory, stationed at the Uni- notice. IMPROVEMENT PROGRAM versity of Connecticut, is the world’s leading Innocent tenants should be protected and laboratory in animal cloning and stem cell let me thank Mr. ELLISON, MR. MILLER, MR. HON. ED PERLMUTTER technology. Dr. Yang and his team provided WATT and Mr. FRANK for acting on behalf of in- OF COLORADO critical insights into the previously mysterious mechanisms of how germ cells are pro- nocent renters. IN THE HOUSE OF REPRESENTATIVES grammed to form embryos, and how these I encourage my colleagues to vote yes on Thursday, May 7, 2009 H.R. 1728. embryos form distinct types of tissue. He was instrumental in working with then-Connecticut f Mr. PERLMUTTER. Madam Speaker, I rise today to recognize and applaud the Cost/Pro- State Senator CHRIS MURPHY (now my col- DR. MELINDA O’ROURKE ductivity Improvement Program at the Rocky league Representative MURPHY) to establish Mountain Arsenal, a former chemical manufac- the Connecticut State Stem Cell Research HON. ED PERLMUTTER turing site being cleaned up by the U.S. Army Program, one of the very few such programs OF COLORADO near Denver, CO. The Cost/Productivity Im- in the Nation. Because of the program’s existence, Connecticut was one of the few states IN THE HOUSE OF REPRESENTATIVES provement Program is an innovative effort instituted by the Army and Shell Oil Company, that would fund human embryonic stem cell Thursday, May 7, 2009 who are responsible for the cleanup of the research that could not be funded by the Fed- Mr. PERLMUTTER. Madam Speaker, I rise site. The Program encourages employees to eral Government. Just this year, the University today to recognize and applaud Dr. Melinda be proactive in improving the efficiency, safe- of Connecticut announced the derivation of O’Rourke who has received the Golden Ethics ty, and quality of the transition of the Rocky two new human embryonic stem cell lines as in Business award. Dr. Melinda O’Rourke is Mountain Arsenal into a premier urban na- a result of these research funds. This break- an ophthalmologist and Vision Health Inter- tional wildlife refuge. through, along with many others, would not national volunteer and received this award be- Construction and fieldwork are due to be have happened without Jerry’s influence and cause of her sense of global and local vol- completed in 2010, one year ahead of sched- guidance. unteerism and dedication to bettering the lives ule and within budget. This achievement is Dr. Yang’s ultimate dream to tailor stem cell of those from all social classes and nations due in no small part to cost savings sugges- cloning to specific people, organs, and dis- through health care. tions by employees that were implemented eases has not yet been realized, but with the The devotion demonstrated by Dr. Melinda through the Cost/Productivity Program under help of the Stem Cell Research Enhancement O’Rourke directly benefits her community and the leadership of the Army, Shell and their Act, we may yet reach the world he envi- many throughout the world, and is exemplary contractors. Not only has the program resulted sioned: One in which organ damage from can- of high personal and professional standards. in a savings of $67 million dollars over 10 cer, heart attacks, spinal disorders, or any She serves as a leader who inspires those years, with $4.5 million saved last year alone, other conceivable illness can be reversed with around her to continually strive for better it is an innovate example of a successful pub- stem cell therapy. I ask that my distinguished health care, both for those who can afford it lic-private partnership. The program has re- colleagues join me in applauding the work of and for those who cannot. sulted in the promotion of ‘‘green’’ practices, Dr. Yang: he will be sorely missed, but the im- I extend my deepest congratulations once including recycling and native vegetation re- portant work he has done deserves all the rec- again to Dr. Melinda O’Rourke for winning the seeding. ognition and support this body can offer.

VerDate Nov 24 2008 04:35 May 08, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0626 Sfmt 0634 E:\CR\FM\A07MY8.063 E07MYPT1 smartinez on PROD1PC64 with REMARKS E1108 CONGRESSIONAL RECORD — Extensions of Remarks May 7, 2009 KWYN PAVEY ness if we do not support UN Covenant on formed in the United States each year. An es- Economic, Social and Cultural Rights? How timated 11 million people in the United States HON. ED PERLMUTTER can we stand up for civil rights when we do have a medical implant and this number is OF COLORADO not support hemispheric efforts to recognize growing as the population receiving implants IN THE HOUSE OF REPRESENTATIVES historic struggles of marginalized commu- increases. nities? Thursday, May 7, 2009 In a 2007 study, researchers at the Harvard Our country was founded on the principles Medical School found that 100 percent of hip Mr. PERLMUTTER. Madam Speaker, I rise of civil and human rights. Many, many peo- replacements and 90 percent of knee replace- today to recognize and applaud Kwyn Pavey ple—men, women, and even children—have ments cause commercial airport metal detec- who has received the Arvada Wheat Ridge sacrificed their lives for the freedoms we enjoy tors to alert. Whenever a passenger alarms Service Ambassadors for Youth award. Kwyn today. Madam Speaker, this is a time of war. the walk-through metal detector, additional Pavey is a senior at Jefferson High School This is a time when the global economy is screening must be conducted to locate and re- and received this award because her deter- struggling This is a time when access to food, solve the source of hand-held metal detector mination and hard work have allowed her to water, shelter, and resources impacts every and, first, conducts a pat-down inspection of overcome adversities. person on this planet. It is during periods like any area that alarms; then conducts a whole- The dedication demonstrated by Kwyn these when it is most important to protect our body pat-down. This additional screening con- Pavey is exemplary of the type of achieve- values and our commitment to universal sumes an average five minutes more of a pas- ment that can be attained with hard work and human and civil rights. senger’s time at security checkpoints. perseverance. It is essential that students at Simply said, this resolution is our recommit- This excess screening of metal implantees all levels strive to make the most of their edu- ment to our own American principles and to is not an efficient use of a TSO’s time, which cation and develop a work ethic that will guide our neighbors and friends around the world. could be more efficiently used elsewhere. H.R. them for the rest of their lives. We must always be vigilant. We must be ll would develop a travel credential or sys- I extend my deepest congratulations once vocal. But we must remember—actions speak tem that incorporates biometric or other appli- again to Kwyn Pavey for winning the Arvada louder than words. cable technologies to verify the identity of an Wheat Ridge Service Ambassadors for Youth f individual who has a metal implant to ensure award. I have no doubt she will exhibit the that such individuals can travel by air with same dedication she has shown in her aca- LEAH M. VARNELL greater ease, consistent with current security demic career to her future accomplishments. regulations. The bill would require the program f HON. ED PERLMUTTER to include verification of the individual with a OF COLORADO THE REINTRODUCTION OF RECOM- metal implant, resolution for false matches and IN THE HOUSE OF REPRESENTATIVES MITMENT TO INTERNATIONAL non-matches, determination of travel creden- HUMAN AND CIVIL RIGHTS RES- Thursday, May 7, 2009 tial or system, and validation of a credential or OLUTION Mr. PERLMUTTER. Madam Speaker, I rise system issued to an individual under the pro- today to recognize and applaud Leah M. gram that is lost, stolen, or no longer author- HON. JOHN LEWIS Varnell who has received the Golden Ethics in ized for use. OF GEORGIA Business award. Leah Varnell is the executive Madam Speaker, I would like to thank the IN THE HOUSE OF REPRESENTATIVES director of Court Appointed Special Advocates Chairman of the Homeland Security Com- of Jefferson and Gilpin Counties and received mittee, Mr. Thompson, for introducing this leg- Thursday, May 7, 2009 this award because of her vision, bravery, and islation with me. H.R. ll, the ‘‘Fair Treat- Mr. LEWIS of Georgia. Madam Speaker, i sense of social responsibility to those children ment for Metal Implantees Act’’, will direct rise to reintroduce my resolution urging the who face the worst of all situations. more resources to secure our skies and help United States to ratify and implement certain The dedication demonstrated by Leah metal implantees negotiate through airport se- fundamental international conventions. Varnell directly benefits her community, and is curity. This resolution is supported by a variety of exemplary of high personal and professional organizations including Free the Slaves, standards. She serves as a leader who in- f Human Rights Watch, AFL-CIO, Amnesty spires those around her to continually strive International USA, Global Rights, Citizens for for a safer environment for America’s children. KRISTIAN YEAGER Global Solutions, Oxfam America, the National I extend my deepest congratulations once Alliance of HUD Tenants, the National Law again to Leah Varnell for winning the Golden Center on Homelessness and Poverty, and Ethics in Business award. I have no doubt she HON. ED PERLMUTTER the Robert F. Kennedy Memorial Center for will continue to exhibit the same dedication OF COLORADO Justice and Human Rights. she has shown in her career to all future un- IN THE HOUSE OF REPRESENTATIVES This year marks the 60th anniversary of the dertakings. UN Declaration on Universal Rights. It is the f Thursday, May 7, 2009 foundation of the current human rights move- Mr. PERLMUTTER. Madam Speaker, I rise ment. Americans, led by First Lady Eleanor INTRODUCING THE FAIR TREAT- today to recognize and applaud Kristian Roosevelt, helped craft this historic conven- MENT FOR METAL IMPLANTEES Yeager who has received the Arvada Wheat tion, and next week, the United States will ACT Ridge Service Ambassadors for Youth award. again seek a seat on the United Nations Kristian Yeager is a senior at Arvada High Human Rights Council. HON. JAMES L. OBERSTAR School and received this award because her Last week, I joined my colleagues to protest OF MINNESOTA determination and hard work have allowed her the genocide in Darfur at the Sudanese Em- IN THE HOUSE OF REPRESENTATIVES to overcome adversities. bassy in Washington, D.C. Three years ago, many of us were arrested doing the same Thursday, May 7, 2009 The dedication demonstrated by Kristian thing; three years later, millions continue to Mr. OBERSTAR. Madam Speaker, today I Yeager is exemplary of the type of achieve- suffer. would like to introduce the ‘‘Fair Treatment for ment that can be attained with hard work and Our case against this and other humani- Metal Implantees Act’’, which creates a pro- perseverance. It is essential that students at tarian crises would be so much stronger if the gram within the Department of Homeland Se- all levels strive to make the most of their edu- United States had ratified the U.N. Conven- curity that incorporates biometric technology or cation and develop a work ethic that will guide tions that address the rights of women, chil- other applicable technologies to verify the them for the rest of their lives. dren, and forced disappearance. How can we identity of an individual who has a metal im- I extend my deepest congratulations once ask for our global trading partners to respect plant, so as to limit disruptions for such indi- again to Kristian Yeager for winning the Ar- international labor standards, when we our- viduals while traveling by air transportation, in vada Wheat Ridge Service Ambassadors for selves have not ratified ILO standards on the a manner consistent with aviation security. Youth award. I have no doubt she will exhibit right to organize and bargain collectively, or According to the Joint Implant Surgery & the same dedication she has shown in her against forced child labor, or age discrimina- Research Foundation, there are approximately academic career to her future accomplish- tion? How can we fight poverty and homeless- 500,000 total hip and knee replacements per- ments.

VerDate Nov 24 2008 04:35 May 08, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0626 Sfmt 0634 E:\CR\FM\K07MY8.021 E07MYPT1 smartinez on PROD1PC64 with REMARKS May 7, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1109 HONORING ALICE T. MOSINIAK ing the most unlikely coalition of supporters— greenway is capable of providing individuals from pugnacious property owners to willing do- and families an opportunity to experience the HON. MARCY KAPTUR nors to amazed farmers to selfless volunteers outdoors in a safe and enjoyable fashion while OF OHIO and grassroots supporters, from all walks of also giving them good exercise and edu- life—she built a vanguard institution from cational opportunities close to home. IN THE HOUSE OF REPRESENTATIVES scratch, one that had never existed before. Programs supported by Delaware Green- Thursday, May 7, 2009 Year by year, its reputation earned respect ways, such as No Child Left Inside, help chil- Ms. KAPTUR. Madam Speaker, I rise today and admiration across our region, Ohio, and dren at a very early age understand the impor- to recognize the passing from this life of Alice the nation. Millions of meals, and other house- tance of exercise and provide them with a T. Mosiniak, the founder of Toledo Seagate hold necessities, have been made possible for hands-on opportunity to learn about nature Food Bank, which over the years has helped three decades precisely because this incred- and our community. Trail Days provide fami- countless people in need. Alice was Toledo of- ible, inspired woman reached beyond herself lies with experiences they will cherish for gen- fice director in the 1970s of the National Asso- to help others, at no cost to them. She sought erations. Many of the projects Delaware ciation for Human Development, which trained no recognition. So let America acclaim her Greenways either initiated or supported have senior citizens who were jobless and often now and express its gratitude and acclaim for had great success. Examples include: Blue alone. ‘‘I took it for granted that everyone ate,’’ her noble efforts, truly a citizen of extraor- Ball Greenway and Barn restoration, East Mrs. Mosiniak, who lived in South Toledo, told dinary proportion. Coast Greenways, Rail-to-trail, Northern Dela- the Toledo Blade in 1993. She asked 50 sen- She grew up at Detroit Avenue and Vance ware Greenway, Junction & Breakwater Trail, iors to bring a lunch to a meeting. ‘‘Only two Street in Toledo. She attended Libbey High and the Hockessin and Mill Creek Greenway. brought a lunch and one of those was a School, the former Harriet Whitney Vocational Each of these projects has helped connect mashed potato sandwich, and the other per- High School, and the former Mary Manse Col- communities and provide thousands of fami- son brought a bean sandwich. And that’s how lege. She and her husband, Alphonse ‘‘Bill’’ lies with a remarkable opportunity to experi- I found out they were all hungry.’’ She Mosiniak, formed a company that built houses ence the outdoors. scrounged and bought food for them. ‘‘Her in South Toledo and Perrysburg. They married I express my heartfelt thanks to all those heart was compassion and caring for others,’’ May 25, 1945. He died July 8, 1966. Surviving who have supported Delaware Greenways, said her daughter, Deborah Vas, food bank are her daughters, Debbie Vas and Mindy and to those who have been fortunate enough executive director since 1998. ‘‘She just truly Rapp; son, Douglas; brother, Richard Wil- to utilize these facilities. I hope you will con- believed and taught us you need to care about liams, and six grandchildren. tinue to support and use these facilities while your neighbors’’ It is with the deepest admiration that I pay enjoying the outdoors. The Toledo Seagate Food Bank began in tribute to the exemplary life of this pioneering 1980 after Alice saw what seniors ate—or woman. She dedicated her life in service to f didn’t eat. Migrant farm workers in Lucas her family, friends, and the poor and hungry of ECHO VAUGHN County were among the first fed, said Virginia our region. May her family be comforted by Ortega, a member of the Ohio advisory com- the loving memories they hold and may Alice mittee to the U.S. Civil Rights Commission. Mosiniak be blessed with a loving peace. HON. ED PERLMUTTER ‘‘Her life enhanced the quality of life of many f OF COLORADO northwest Ohioans in ways many people I IN HONOR OF DELAWARE IN THE HOUSE OF REPRESENTATIVES don’t think even realize,’’ she said. GREENWAY’S 20TH ANNIVERSARY Thursday, May 7, 2009 Mrs. Mosiniak enlisted local officials and business leaders in the project. ‘‘She’d tell Mr. PERLMUTTER. Madam Speaker, I rise them exactly what she needed and wanted HON. MICHAEL N. CASTLE today to recognize and applaud Echo Vaughn OF DELAWARE and say, ‘Either you’re going to help or you’re who has received the Arvada Wheat Ridge IN THE HOUSE OF REPRESENTATIVES not.’ And who’s not going to help a neighbor Service Ambassadors for Youth award. Echo or friend?’’ Ms. Debbie Vas said. Added Har- Thursday, May 7, 2009 Vaughn is a senior at Arvada High School and vey Savage, Jr.: ‘‘When she set her mind on Mr. CASTLE. Madam Speaker, it is with received this award because her determination getting something, she was able to get it. We great pleasure that I rise today to celebrate and hard work have allowed her to overcome have people who are chronically under- and pay tribute to the 20th anniversary of adversities. employed, who are always going to need Delaware Greenways. Preserving Delaware’s The dedication demonstrated by Echo help.’’ Mr. Savage is board president of the scenic corridors and back country roads, get- Vaughn is exemplary of the type of achieve- Martin Luther King, Jr. Kitchen for the Poor, ting children and their families out on the ment that can be attained with hard work and founded by his father, the Rev. Harvey Sav- greenways, and promoting responsible and perseverance. It is essential that students at age. ‘‘She saw it at a time when we were try- environmentally sensitive growth are some of all levels strive to make the most of their edu- ing to sweep that under the rug.’’ the tenets of Delaware Greenways. cation and develop a work ethic that will guide When I first encountered Alice more than 25 Greenways are linear corridors of open them for the rest of their lives. years ago, she was passionately piecing to- space that can be used for conservation or I extend my deepest congratulations once gether the elements of what would become recreation. They may include stream corridors, again to Echo Vaughn for winning the Arvada the Toledo Seagate Food Bank. Her enthu- abandoned railroad rights of way, scenic high- Wheat Ridge Service Ambassadors for Youth siasm and deep commitment to those who ways like Route 52 in Wilmington, greenbelts award. I have no doubt she will exhibit the had fallen on hard times was unforgettable, around cities or towns and riverfront walks like same dedication she has shown in her aca- and infectious. She was indefatigable. Enlist- we see today along the Christina River. A demic career to her future accomplishments.

VerDate Nov 24 2008 04:35 May 08, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\CR\FM\K07MY8.025 E07MYPT1 smartinez on PROD1PC64 with REMARKS Thursday, May 7, 2009 Daily Digest

HIGHLIGHTS Senate passed S. 454, Weapon Systems Acquisition Reform Act. House Committee ordered reported Fiscal Year 2009 Supplemental Ap- propriations. Senate assess reliable cost information on assets required Chamber Action under major defense acquisition programs. Routine Proceedings, pages S5249–S5301 Page S5256 Measures Introduced: Twenty-one bills and three Urging Government of Canada to end Commer- resolutions were introduced, as follows: S. 993–1013, cial Seal Hunt: Senate agreed to S. Res. 84, urging and S. Res. 136–138. Pages S5281–82 the Government of Canada to end the commercial Measures Reported: seal hunt. Page S5297 S. Res. 49, to express the sense of the Senate re- National Train Day: Committee on Commerce, garding the importance of public diplomacy. Science, and Transportation was discharged from fur- S. Res. 84, urging the Government of Canada to ther consideration of S. Res. 125, in support and rec- end the commercial seal hunt. ognition of National Train Day, May 9, 2009, and S. 327, to amend the Violence Against Women the resolution was then agreed to. Pages S5297–98 Act of 1994 and the Omnibus Crime Control and Honoring Concerns of Police Survivors: Senate Safe Streets Act of 1968 to improve assistance to do- agreed to S. Res. 138, honoring Concerns of Police mestic and sexual violence victims and provide for Survivors for 25 years of service to family members technical corrections, with an amendment in the na- of law enforcement officers killed in the line of duty. ture of a substitute. Page S5298 S. 838, to provide for the appointment of United Appointments: States Science Envoys. Page S5281 Measures Passed: Advisory Committee on the Records of Congress: The Chair announced, on behalf of the Majority Weapon Systems Acquisition Reform Act: By a Leader, pursuant to Public Law 101–509, the ap- unanimous vote of 93 yeas (Vote No. 186), Senate pointment of Steve Zink, of Nevada, to the Advisory passed S. 454, to improve the organization and pro- Committee on the Records of Congress. Page S5298 cedures of the Department of Defense for the acquisition of major weapon systems, as amended, after Credit Cardholders’ Bill of Rights Act—Agree- taking action on the following amendments proposed ment: A unanimous-consent agreement was reached providing that at 3 p.m., on Monday, May 11, thereto: Pages S5254–55, S5256–67 Adopted: 2009, Senate begin consideration of H.R. 627, to Levin (for Murray/Chambliss) Modified Amend- amend the Truth in Lending Act to establish fair ment No. 1052, to expand the national security ob- and transparent practices relating to the extension of jectives of the national technology and industrial credit under an open end consumer credit plan, and base and clarify the role of major defense acquisition that once the bill is reported Senator Dodd, or his designee, be recognized to offer the Dodd/Shelby programs toward such objectives. Page S5256 McCain (for Coburn) Amendment No. 1057, to amendment in the nature of a substitute; provided require a plan for the elimination of weaknesses in further that the motion to invoke cloture on the mo- operations that hinder the capacity to assemble and tion to proceed be withdrawn. Page S5270

D518

VerDate Nov 24 2008 06:02 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D07MY9.REC D07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D519 Messages from the President: Senate received the following messages from the President of the United Committee Meetings States: (Committees not listed did not meet) Transmitting, pursuant to law, the Budget of the United States Government for Fiscal Year 2010; re- NOMINATIONS ferred jointly, pursuant to the order of January 30, Committee on Agriculture, Nutrition, and Forestry: Com- 1975 as modified by the order of April 11, 1986; mittee concluded a hearing to examine the nomina- which was referred to the Committees on Appropria- tions of Krysta Harden, of Virginia, who was intro- tions; and the Budget. (PM–16) Pages S5279–80 duced by Senator Chambliss, and Pearlie S. Reed, of Transmitting, pursuant to law, a report on the Arkansas, who was introduced by Senator Lincoln, continuation of the national emergency that was both to be an Assistant Secretary, Rajiv J. Shah, of originally declared in Executive Order 13338 of May Washington, to be Under Secretary for Research, 11, 2004, with respect to the blocking of property Education, and Economics, who was introduced by of certain persons and prohibition of exportation and Senator Cantwell, and Dallas P. Tonsager, of South re-exportation of certain goods to Syria; which was Dakota, to be Under Secretary for Rural Develop- referred to the Committee on Banking, Housing, ment, who was introduced by Representative and Urban Affairs. (PM–17) Page S5280 Herseth Sandlin, all of the Department of Agri- Nominations Confirmed: Senate confirmed the fol- culture, after the nominees testified and answered lowing nominations: questions in their own behalf. By 91 yeas 1 nay (Vote No. EX. 187), R. Gil DEPARTMENT OF JUSTICE Kerlikowske, of Washington, to be Director of Na- tional Drug Control Policy. Committee on Appropriations: Subcommittee on Com- Michael Nacht, of California, to be an Assistant merce, Justice, Science, and Related Agencies con- Secretary of Defense. cluded an oversight hearing to examine funding of Elizabeth Lee King, of the District of Columbia, the Department of Justice, after receiving testimony to be an Assistant Secretary of Defense. from Eric H. Holder, Jr., Attorney General, Depart- Wallace C. Gregson, of Colorado, to be an Assist- ment of Justice. ant Secretary of Defense. H1N1 VIRUS 36 Air Force nominations in the rank of general. Committee on Appropriations: Subcommittee on Agri- 18 Marine Corps nominations in the rank of gen- culture, Rural Development, Food and Drug Admin- eral. istration, and Related Agencies concluded a hearing 7 Navy nominations in the rank of admiral. to examine the 2009 H1N1 virus, after receiving Routine lists in the Air Force, Army, Marine testimony from Tom Vilsack, Secretary of Agri- Corps, Navy. Pages S5267–70, S5298–S5300, S5301 culture; and Joshua M. Sharfstein, Principal Deputy Messages from the House: Page S5280 Commissioner and Acting Commissioner, Food and Measures Referred: Page S5280 Drug Administration, Department of Health and Human Services. Executive Communications: Pages S5280–81 APPROPRIATIONS: ARCHITECT OF THE Executive Reports of Committees: Page S5281 CAPITOL AND OFFICE OF COMPLIANCE Additional Cosponsors: Pages S5282–83 Committee on Appropriations: Subcommittee on Legisla- Statements on Introduced Bills/Resolutions: tive Branch concluded a hearing to examine pro- Pages S5283–96 posed budget estimates for fiscal year 2010 for the Additional Statements: Pages S5278–79 Office of the Architect of the Capitol, and the Office of Compliance, after receiving testimony from Ste- Amendments Submitted: Page S5296 phen T. Ayers, Acting Architect of the Capitol; and Authorities for Committees to Meet: Tamara E. Chrisler, Executive Director, Office of Pages S5296–97 Compliance, United States Congress. Record Votes: Two record votes were taken today. CONGRESSIONAL COMMISSION ON THE (Total—187) Pages S5260, S5269–70 STRATEGIC POSTURE OF THE U.S. Adjournment: Senate convened at 9:30 a.m. and Committee on Armed Services: Committee concluded a adjourned at 5:24 p.m., until 2 p.m. on Monday, hearing to examine the report of the Congressional May 11, 2009. (For Senate’s program, see the re- Commission on the Strategic Posture of the United marks of the Majority Leader in today’s Record on States, after receiving testimony from former Senator page S5300.) John Glenn, Harry E. Cartland, and John S. Foster,

VerDate Nov 24 2008 06:02 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D07MY9.REC D07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE D520 CONGRESSIONAL RECORD — DAILY DIGEST May 7, 2009 each a Member, and William J. Perry, and James R. BUSINESS MEETING Schlesinger, both a Chairman, all of the Congres- Committee on Environment and Public Works: Com- sional Commission on the Strategic Posture of the mittee ordered favorably reported the nominations of United States. Mathy Stanislaus, of New Jersey, to be Assistant Ad- ministrator, Office of Solid Waste, Cynthia J. Giles, U.S. SECURITIES AND EXCHANGE of Rhode Island, to be Assistant Administrator for COMMISSION Enforcement and Compliance, and Michelle DePass, Committee on Banking, Housing, and Urban Affairs: of New York, to be Assistant Administrator for Subcommittee on Securities, Insurance and Invest- International Affairs, all of the Environmental Pro- ment concluded a hearing to examine strengthening tection Agency. the Securities and Exchange Commission’s enforce- AUCTIONING UNDER CAP AND TRADE ment responsibilities, after receiving testimony from Richard J. Hillman, Managing Director, Financial Committee on Finance: Committee concluded a hearing Markets and Community Investment, Government to examine auctioning under cap and trade, focusing Accountability Office; Robert Khuzami, Director, on design, participation, and distribution of reve- Division of Enforcement, U.S. Securities and Ex- nues, after receiving testimony from Alan Krueger, change Commission; Mercer E. Bullard, University Assistant Secretary for Economic Policy-Designate of Mississippi School of Law, Oxford; and Bruce and Chief Economist, Department of the Treasury; Hiler, Cadwalader, Wickersham and Taft LLP, Douglas Elmendorf, Director, Congressional Budget Washington, D.C. Office; Jos Delbeke, Deputy Director-General, Direc- torate General for Environment, European Commis- CYBERSECURITY AND CRITICAL sion, Brussels, Belgium; and Anne E. Smith, CRA ELECTRICITY INFRASTRUCTURE International, Washington, D.C. Committee on Energy and Natural Resources: Committee RECRUITMENT IN THE FEDERAL concluded a hearing to examine a joint staff draft re- GOVERNMENT lated to cybersecurity and critical electricity infra- Committee on Homeland Security and Governmental Af- structure, after receiving testimony from Patricia fairs: Subcommittee on Oversight of Government Hoffman, Acting Assistant Secretary of Energy for Management, the Federal Workforce, and the Dis- Electricity Delivery and Energy Reliability; Joseph trict of Columbia concluded a hearing to examine S. McClelland, Director, Office of Electric Reliability, 736, to provide for improvements in the Federal hir- Federal Energy Regulatory Commission; Richard P. ing process, after receiving testimony from John Sergel, North American Electric Reliability Corpora- Berry, Director, Office of Personnel Management; tion, Princeton, New Jersey; and Allen Mosher, Susan L. Duncan, Assistant G–1 for Civilian Per- American Public Power Association, and David K. sonnel, United States Army, Department of Defense; Owens, Edison Electric Institute, both of Wash- Gail T. Lovelace, Chief Human Capital Officer, Gen- ington, D.C. eral Services Administration; Max Stier, Partnership for Public Service, Washington, D.C.; and Linda ENERGY INFRASTRUCTURE Brooks Rix, Avue Technologies Corporation, Ta- Committee on Energy and Natural Resources: Sub- coma, Washington. committee on Energy concluded a hearing to exam- NOMINATIONS ine net metering, interconnection standards, and Committee on Health, Education, Labor, and Pensions: other policies that promote the deployment of dis- Committee concluded a hearing to examine the tributed generation to improve grid reliability, in- nominations of Seth David Harris, of New Jersey, to crease clean energy deployment, enable consumer be Deputy Secretary, who was introduced by Senator choice, and diversify our nation’s energy supply, after Lautenberg, and M. Patricia Smith, of New York, to receiving testimony from Kevin A. Kelly, Director, be Solicitor, who was introduced by Senator Schu- Division of Policy Development, Office of Energy mer, both of the Department of Labor, after the Policy and Innovation, Federal Energy Regulatory nominees testified and answered questions in their Commission; Garry A. Brown, New York State Pub- own behalf. lic Service Commission Chairman, Albany, on behalf of the National Association of Regulatory Utility NOMINATION Commissioners; Christopher Cook, Sunworks, LLC, Committee on Health, Education, Labor, and Pensions: Dunn Loring, Virginia; David Weiss, Pepco Energy Committee concluded a hearing to examine the Services, Arlington, Virginia; and Irene Kowalczyk, nomination of Margaret A. Hamburg, of the District Meadwestvaco Corporation, Glen Allen, Virginia. of Columbia, to be Commissioner of Food and

VerDate Nov 24 2008 06:02 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D07MY9.REC D07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D521

Drugs, Department of Health and Human Services, BUSINESS MEETING after the nominee, who was introduced by Senator Committee on the Judiciary: Committee ordered favor- Lugar, testified and answered questions in her own ably reported the following business items: behalf. S. 327, to amend the Violence Against Women NOMINATION Act of 1994 and the Omnibus Crime Control and Committee on Indian Affairs: Committee concluded a Safe Streets Act of 1968 to improve assistance to do- hearing to examine the nomination of Larry J. Echo mestic and sexual violence victims and provide for Hawk, of Utah, to be Assistant Secretary of the Inte- technical corrections, with amendments; and rior for Indian Affairs, after the nominee, who was The nominations of William K. Sessions III, of introduced by Senator Inouye, testified and answered Vermont, to be Chair of the United States Sen- questions in his own behalf. Testimony was also re- tencing Commission, and John Morton, of Virginia, ceived from Alonzo Coby, Shoshone-Bannock Tribes, to be Assistant Secretary of Homeland Security. Fort Hall, Idaho. h House of Representatives lowing measure which was debated on Wednesday, Chamber Action May 6th: Public Bills and Resolutions Introduced: 47 pub- Recognizing the importance of the Border Patrol lic bills, H.R.2294–2340; 1 private bill, H.R. 2341; and 14 resolutions, H.J. Res. 50–51; H. Con. Res. in combating human smuggling and commending 121–122; and H. Res. 414–423 were introduced. the Department of Justice for increasing the rate Pages H5397–H5400 of human smuggler prosecutions: H. Res. 14, amended, to recognize the importance of the Border Additional Cosponsors: Pages H5400–01 Patrol in combating human smuggling and to com- Report Filed: A report was filed today as follows: mend the Department of Justice for increasing the H.R. 23, to amend title 38, United States Code, rate of human smuggler prosecutions. Page H5324 to direct the Secretary of Veterans Affairs to estab- Agreed to amend the title so as to read: ‘‘Recog- lish the Merchant Mariner Equity Compensation nizing the importance of the Department of Home- Fund to provide benefits to certain individuals who land Security, including U.S. Customs and Border served in the United States merchant marine (includ- Protection and U.S. Immigration and Customs En- ing the Army Transport Service and the Naval forcement, in combating human smuggling and traf- Transport Service) during World War II, with an ficking in persons, and commending the Department amendment (H. Rept. 111–99). Page H5397 of Justice for increasing the rate of human smug- Speaker: Read a letter from the Speaker wherein she gling and trafficking prosecutions.’’. Page H5324 appointed Representative Tauscher to act as Speaker Privileged Resolution—Intent to Offer: Rep- Pro Tempore for today. Page H5311 resentative Flake announced his intent to offer a Chaplain: The prayer was offered by the Guest privileged resolution. Pages H5324–25 Chaplain, Rev. Michael Cummings, Burnt Swamp Association, Pembroke, North Carolina. Page H5311 Mortgage Reform and Anti-Predatory Lending Act: The House passed H.R. 1728, to amend the Discharge Petition: Representative LaTourette Truth in Lending Act to reform consumer mortgage moved to discharge the Committee on Rules from practices and provide accountability for such prac- the consideration of H. Res. 359, providing for the tices and to provide certain minimum standards for consideration of the resolution (H. Res. 251) directing the Secretary of the Treasury to transmit to the consumer mortgage loans, by a yea-and-nay vote of House of Representatives all information in his pos- 300 yeas to 114 nays, Roll No. 242. Consideration session relating to specific communications with of the measure began on Wednesday, May 6th. American International Group, Inc. (AIG). (Dis- Pages H5313–24, H5325–71 charge Petition No. 3). Page H5401 Agreed to the Sessions motion to recommit the bill to the Committee on Financial Services with in- Suspension—Proceedings Resumed: The House structions to report the same back to the House agreed to suspend the rules and agree to the fol-

VerDate Nov 24 2008 06:02 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D07MY9.REC D07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE D522 CONGRESSIONAL RECORD — DAILY DIGEST May 7, 2009 forthwith with an amendment by voice vote. Subse- by side and that the disclosures for each product quently, Representative Frank (MA) reported the bill have equal prominence. Requires that disclosure be back to the House with the amendment and the made in writing, the understanding of which will be amendment was agreed to. Pages H5315–24, H5369–70 acknowledged by the signature of the mortgage Pursuant to the rule, the amendment in the na- originator and consumer; Pages H5361–62 ture of a substitute recommended by the Committee Mario Diaz-Balart (FL) amendment (No. 13 print- on Financial Services now printed in the bill shall be ed in H. Rept. 111–98) that requires the Secretary considered as an original bill for the purpose of of HUD to study the effects of the presence of Chi- amendment under the 5-minute rule. nese dry wall on foreclosures and the availability of Pages H5313, H5325 property insurance for residential structures where Agreed to: Chinese dry wall is present; Page H5362 Frank (MA) manager’s amendment (No. 1 printed Weiner amendment (No. 14 printed in H. Rept. in H. Rept. 111–98) that makes various and sundry 111–98), as modified, that requires Fannie Mae and clarifying changes in the bill; Pages H5343–50 Freddie Mac to take into account factors such as the Bachus amendment (No. 3 printed in H. Rept. 111–98) that provides assistance to the Neighbor- health of the local or regional housing market and hood Reinvestment Corporation for activities, in con- other factors when determining fee schedules, occu- nection with servicers of residential mortgage loans, pancy and pre-sale guidelines for condominium and to inform borrowers under such loans who are delin- cooperative housing mortgages; and Pages H5364–65 quent with respect to payments due under such Frank (MA) amendment (No. 2 printed in H. loans of the dangers of fraudulent activities associ- Rept. 111–98) that provides that no funds in the ated with foreclosure; Pages H5352–53 bill for legal assistance or housing counseling grants Perlmutter amendment (No. 4 printed in H. may be distributed to any organization which has Rept. 111–98) that reduces the grace period for been or which employs an individual who has been renters renting a unit in violation of a mortgage convicted for a violation under Federal law relating contract when that property is sold to a purchaser to an election for Federal office (by a recorded vote who intends to use such property as an owner-occu- of 245 ayes to 176 noes, Roll No. 238). pied unit from 90 days to 30 days. Additionally, Pages H5350–52, H5366 creditors may only accelerate debt repayment in cer- Rejected: tain circumstances; Pages H5353–54 Hensarling amendment (No. 5 printed in H. Moore (KS) amendment (No. 6 printed in H. Rept. 111–98) that sought to strike the assignee and Rept. 111–98) that requires income to be verified by securitizer liability provisions from the bill (by a re- lenders utilizing IRS tax transcripts or similar meth- corded vote of 171 ayes to 252 noes, Roll No. 239); ods that verify income by a third party; Pages H5354–56, H5366–67 Pages H5356–57 Price (GA) amendment (No. 7 printed in H. McNerney amendment (No. 8 printed in H. Rept. Rept. 111–98) that sought to delay the enactment 111–98) that stipulates that when awarding assist- of titles I, II, and III of the bill until the Federal ance to HUD-approved housing counseling agencies Reserve certifies that they will not reduce the avail- and/or state housing finance agencies, the Secretary ability or increase the price of credit for qualified may give priority consideration to entities serving mortgages (by a recorded vote of 167 ayes to 259 areas with high rates of foreclosure; Pages H5358–59 noes, Roll No. 240); and Pages H5357–58, H5367–68 Dahlkemper amendment (No. 10 printed in H. Rept. 111–98) that requires that benefits of pre-pay- McHenry amendment (No. 9 printed in H. Rept. ment of mortgage balances be explained in the con- 111–98) that sought to strike title III from the bill sumer education guide produced by HUD; relating to high-cost mortgages (by a recorded vote Page H5360 of 171 ayes to 255 noes, Roll No. 241). Ginny Brown-Waite (FL) amendment (No. 11 Pages H5359–60, H5368 printed in H. Rept. 111–98) that expands the scope Agreed that the Clerk be authorized to make of the GAO study required under this act to include technical and conforming changes to reflect the ac- an examination of any effects on consumer and small tions of the House. Page H5371 business credit availability and affordability; H. Res. 406, the rule providing for consideration Pages H5360–61 of the bill, was agreed to by a yea-and-nay vote of Titus amendment (No. 12 printed in H. Rept. 247 yeas to 174 nays, Roll No. 237, after agreeing 111–98) that requires that the costs and benefits of to order the previous question without objection. each residential mortgage loan offered, discussed or Pages H5323–24 referred to by the originator be clearly presented side

VerDate Nov 24 2008 06:02 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D07MY9.REC D07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D523 Meeting Hour: Agreed that when the House ad- ENSURING PREPAREDNESS AGAINST THE journs today, it adjourn to meet at 2 p.m. on Mon- FLU VIRUS day, May 11th, and further, when the House ad- Committee on Education and Labor: Held a hearing on journs on that day, it adjourn to meet at 12:30 p.m. Ensuring Preparedness Against the Flu Virus at on Tuesday, May 12th for morning hour debate. School and Work. Testimony was heard from Jodan Page H5372 Barab, Assistant Secretary, OSHA, Department of Presidential Messages: Read a message from the Labor; Bill Modzeleski, Associate Assistant Deputy President wherein he notified Congress that the na- Secretary, Office of Safe and Drug-Free Schools, De- tional emergency with respect to the actions of the partment of Education; RADM Anne Schuchat, Government of Syria is to continue in effect beyond M.D., USN, Deputy Director, Science and Program May 11, 2009—referred to the Committee on For- Centers, Centers for Disease Control, Department of eign Affairs and ordered printed (H. Doc. 111–38). Health and Human Services; and public witnesses. Page H5371 Read a message from the President wherein he EXAMINATION OF COMPETITION IN THE transmitted to Congress the Budget of the United WIRELESS INDUSTRY States Government for Fiscal Year 2010—referred to Committee on Energy and Commerce: Subcommittee on the Committee on Appropriations and ordered print- Communications, Technology and the Internet held ed (H. Doc. 111–3). Page H5373 a hearing on An Examination of Competition in the Senate Message: Message received from the Senate Wireless Industry. Testimony was heard from public today appears on page H5371. witnesses. Senate Referrals: S. 454 was held at the desk. PERSPECTIVES ON HEDGE FUND Page H5371 REGISTRATION Quorum Calls—Votes: Two yea-and-nay votes and Committee on Financial Services: Subcommittee on Cap- four recorded votes developed during the proceedings ital Markets, Insurance, and Government Sponsored of today and appear on pages H5323–24, H5366, Enterprises held a hearing entitled ‘‘Perspectives on H5366–67, H5367–68, H5368 and H5370. There Hedge Fund Registration.’’ Testimony was heard were no quorum calls. from Orice Williams, Director, Financial Markets Adjournment: The House met at 10 a.m. and ad- and Community Investment Team, GAO; and public journed at 7:42 p.m. witnesses. ZIMBABWE Committee Meetings Committee on Foreign Affairs: Subcommittee on Africa SUPPLEMENTAL APPROPRIATIONS FISCAL and Global Health held a hearing on Zimbabwe: YEAR 2009 Opportunities for a New Way Forward. Testimony was heard from Lorne W. Craner, former Assistant Committee on Appropriations: Ordered reported, as Secretary, Democracy, Human Rights and Labor, De- amended, the Fiscal Year 2009 Supplemental Appro- partment of State, and public witnesses. priations. IMPLEMENTING THE WESTERN WEAPONS ACQUISITION SYSTEM REFORM HEMISPHERE TRAVEL INITIATIVE AT THROUGH ENHANCING TECHNICAL LAND AND SEA PORTS KNOWLEDGE AND OVERSIGHT ACT Committee on Homeland Security: Subcommittee on Committee on Armed Services: Ordered reported, as Border, Maritime, and Global Counterterrorism held amended, H.R. 2101, Weapons Acquisition System a hearing entitled ‘‘Implementing the Western Reform Through Enhancing Technical Knowledge Hemisphere Travel Initiative at Land and Sea Ports: and Oversight Act of 2009. Are We Ready?’’ Testimony was heard from the following officials of the Department of Homeland Se- COUNTERINSURGENCY AND IRREGULAR curity: Richard Barth, Acting Principal Deputy As- WARFARE sistant Secretary, Office of Policy Development; and Committee on Armed Services: Subcommittee on Ter- Thomas Winkowski, Assistant Commissioner, Office rorism, Unconventional Threats and Capabilities of Field Operation, Customs and Border Protection; held a hearing on Counterinsurgency and Irregular John Brennan, Senior Policy Advisor, Bureau of Con- Warfare: Issues and Lessons Learned. Testimony was sular Affairs, Department of State; and public wit- heard from public witnesses. nesses.

VerDate Nov 24 2008 06:02 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D07MY9.REC D07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE D524 CONGRESSIONAL RECORD — DAILY DIGEST May 7, 2009 GPS SERVICE GAP CONGRESSIONAL PROGRAM AHEAD Committee on Oversight and Government Reform: Sub- Week of May 11 through May 16, 2009 committee on National Security and Foreign Affairs held a hearing entitled ‘‘GPS: Can We Avoid A Gap Senate Chamber in Service?’’ Testimony was heard from Cristina Chaplain, Director, Acquisition and Sourcing Man- On Monday, at approximately 3 p.m., Senate will agement, GAO; the following officials of the Depart- begin consideration of H.R. 627, Credit Cardholders’ ment of Defense; MG William N. McCasland, Bill of Rights Act. USAF, Director, Space Acquisition, Office of the During the balance of the week, Senate may con- Under Secretary of the Air Force; Steve Huytbrechts, sider any cleared legislative and executive business. Principal Director, Command, Control, Communica- Senate Committees tions, Space and Spectrum, Office of the Assistant Secretary (Networks and Information Integration/ (Committee meetings are open unless otherwise indicated) Chief Information Office); and LTG Larry D. James, Committee on Appropriations: May 12, Subcommittee on USAF, Commander, 14th Air Force (Air Forces Stra- State, Foreign Operations, and Related Programs, business meeting to mark up proposed budget request for fis- tegic), Air Force Space Command, and Commander, cal year 2009 supplemental for the Department of State, Joint Functional Component Command for Space, foreign operations, and related programs, 2:30 p.m., U.S. Strategic Command; Karen L Van Dyke, Direc- SD–138. tor, Position Navigation and Timing, Research and May 12, Subcommittee on Military Construction and Innovative Technology Administration, Department Veterans Affairs, and Related Agencies, to hold hearings of Transportation; and public witnesses. to examine proposed budget request for fiscal year 2010 for military construction, Veterans Affairs, and related COMPLEXITY OF THE TAX CODE HINDERS agencies, 2:30 p.m., SD–124. May 13, Subcommittee on Labor, Health and Human SMALL BUSINESS Services, Education, and Related Agencies, to hold hear- Committee on Small Business: Subcommittee on Finance ings to examine proposed budget estimates for fiscal year and Tax held a hearing entitled ‘‘How the Com- 2010 for the Department of Labor, 9:45 a.m., SD–138. plexity of the Tax Code Hinders Small Businesses.’’ May 14, Full Committee, business meeting to mark up Testimony was heard from public witnesses. proposed budget request for fiscal year 2009 supplemental for Iraq, Afghanistan, Pakistan, and the pandemic flu, 2 p.m., SD–106. FINANCIAL STATUS OF THE AIRPORT AND Committee on Armed Services: May 12, to hold hearings AIRWAY TRUST FUND to examine the nominations of Andrew Charles Weber, of Committee on Ways and Means: Held a hearing on the Virginia, to be Assistant to the Secretary of Defense for Financial Status of the Airport and Airway Trust Nuclear and Chemical and Biological Defense Programs, Fund. Testimony was heard from Representatives Paul N. Stockton, of California, to be Assistant Secretary Oberstar, Mica, Costello and Petri; and Robert A. for Homeland Defense and Americas’ Security Affairs, Thomas R. Lamont, of Illinois, to be Assistant Secretary Sunshine, Deputy Director, CBO. of the Army for Manpower and Reserve Affairs, and Charles A. Blanchard, of Arizona, to be General Counsel of the Department of the Air Force, all of the Depart- Joint Meetings ment of Defense, 10 a.m., SH–216. No joint committee meetings were held. May 14, Full Committee, to hold hearings to examine f proposed defense authorization request for fiscal year 2010 for the Future Years Defense Program, 9:30 a.m., COMMITTEE MEETINGS FOR FRIDAY, SR–325. Committee on Banking, Housing, and Urban Affairs: May MAY 8, 2009 13, Subcommittee on Economic Policy, to hold hearings (Committee meetings are open unless otherwise indicated) to examine manufacturing and the credit crisis, 10 a.m., SD–538. Senate May 13, Full Committee, to hold hearings to examine Committee on Finance: to hold hearings to examine the the nomination of Peter M. Rogoff, of Virginia, to be Federal Transit Administrator, Federal Transit Adminis- nomination of Neal S. Wolin, of Illinois, to be Deputy tration, Department of Transportation, 2:30 p.m., Secretary of the Treasury, 10 a.m., SD–215. SD–538. House Committee on Commerce, Science, and Transportation: May 12, to hold hearings to examine pending nominations, 10 No committee meetings are scheduled. a.m., SR–253.

VerDate Nov 24 2008 06:02 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D07MY9.REC D07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D525

May 13, Subcommittee on Competitiveness, Innova- May 14, Full Committee, to hold hearings to examine tion, and Export Promotion, to hold hearings to examine delivery reform, focusing on the roles of primary and spe- tourism in troubled times, 10 a.m., SR–253. cialty care in innovative new delivery models, 10 a.m., May 13, Subcommittee on Aviation Operations, Safety, SD–430. and Security, to hold hearings to examine reauthorization Committee on Homeland Security and Governmental Affairs: of the Federal Aviation Administration (FAA), focusing May 12, to hold hearings to examine the nomination of on perspectives of aviation stakeholders, 2:15 p.m., Cass R. Sunstein, of Massachusetts, to be Administrator SR–253. of the Office of Information and Regulatory Affairs, Of- Committee on Energy and Natural Resources: May 12, to fice of Management and Budget, 10 a.m., SD–342. hold hearings to examine S. 967, to amend the Energy May 12, Full Committee, to hold hearings to examine Policy and Conservation Act to create a petroleum prod- the nomination of Robert M. Groves, of Michigan, to be uct reserve, and S. 283, to amend the Energy Policy and Director of the Census, Department of Commerce, 2:30 Conservation Act to modify the conditions for the release p.m., SD–342. of products from the Northeast Home Heating Oil Re- May 12, Full Committee, to hold hearings to examine serve Account, 2:30 p.m., SD–366. the proposed budget request for fiscal year 2010 for the May 13, Full Committee, business meeting to consider Department of Homeland Security, 4 p.m., SD–342. pending calendar business, 10 a.m., SD–366. May 13, Full Committee, to hold hearings to examine May 14, Full Committee, to hold hearings to examine the D.C. Opportunity Scholarship Program, focusing on S. 1013, the Department of Energy Carbon Capture and preserving school choice for all, 10 a.m., SD–342. Sequestration Program Amendments Act of 2009, 2:30 May 13, Full Committee, to hold hearings to examine p.m., SD–366. the nominations of Florence Y. Pan, of the District of Co- Committee on Environment and Public Works: May 12, to lumbia, and Marisa J. Demeo, of the District of Colum- hold hearings to examine proposed budget request for fis- bia, both to be an Associate Judge of the Superior Court cal year 2010 for the Environmental Protection Agency, of the District of Columbia, 3 p.m., SD–342. 9:45 a.m., SD–406. Committee on Indian Affairs: May 14, business meeting May 12, Full Committee, to hold hearings to examine to consider pending calendar business, Time to be an- the nominations of Peter Silva Silva, of California, to be nounced, SD–628. Committee on the Judiciary: May 12, to hold hearings to Assistant Administrator, and Stephen Alan Owens, of Ar- examine helping state and local law enforcement, 10 a.m., izona, to be Assistant Administrator for Toxic Substances, SD–226. both of the Environmental Protection Agency, and Jo- May 12, Full Committee, to hold hearings to examine Ellen Darcy, of Maryland, to be an Assistant Secretary of the nominations of Gerard E. Lynch, of New York, to be the Army, Department of Defense, 2:30 p.m., SD–406. United States Circuit Judge for the Second Circuit, and Committee on Finance: May 12, to hold hearings to ex- Mary L. Smith, of Illinois, to be Assistant Attorney Gen- amine financing comprehensive health care reform, 10 eral, Tax Division, Department of Justice, 2:30 p.m., a.m., SD–106. SD–226. Committee on Foreign Relations: May 12, business meet- May 13, Subcommittee on Administrative Oversight ing to consider the nominations of Harold Hongju Koh, and the Courts, to hold hearings to examine torture and of Connecticut, to be Legal Adviser of the Department of the Office of Legal Counsel in the Bush Administration, State, and Susan Flood Burk, of Virginia, to be Special 10 a.m., SD–226. Representative of the President for nuclear non-prolifera- Committee on Rules and Administration: May 13, to hold tion; to be immediately followed by a hearing to examine hearings to examine problems for military and overseas the United States strategy toward Pakistan, 10:15 a.m., voters, focusing on why many soldiers and their families SD–419. cannot vote, 10 a.m., SR–301. May 12, Full Committee, to hold hearings to examine Committee on Small Business and Entrepreneurship: May 13, energy security, focusing on historical perspectives and to hold hearings to examine small business financing, fo- modern challenges, 2 p.m., SD–419. cusing on a progress report on Recovery Act implementa- May 13, Subcommittee on African Affairs, with the tion and alternative sources of financing, 2:15 p.m., Subcommittee on International Operations and Organiza- SR–428A. tions, Human Rights, Democracy and Global Women’s Select Committee on Intelligence: May 12, to hold closed Issues, to hold joint hearings to examine confronting rape hearings to examine certain intelligence matters, 2:30 and other forms of violence against women in conflict p.m., S–407, Capitol. zones, 2:30 p.m., SD–419. May 14, Full Committee, to hold closed hearings to May 14, Full Committee, to hold hearings to examine examine certain intelligence matters, 2:30 p.m., S–407, the nomination of Jeffrey D. Feltman, of Ohio, to be As- Capitol. sistant Secretary of State for Near Eastern Affairs, 9:45 a.m., SD–419. House Committees Committee on Health, Education, Labor, and Pensions: May Committee on Agriculture, May 14, Subcommittee on 12, business meeting to consider an original bill entitled, Horticulture and Organic Agriculture, hearing to review Family Smoking Prevention and Tobacco Control Act, food safety standards for horticulture and organic agri- and any pending nominations, 2:30 p.m., SD–430. culture, 10 a.m., 1399 Longworth.

VerDate Nov 24 2008 06:02 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D07MY9.REC D07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE D526 CONGRESSIONAL RECORD — DAILY DIGEST May 7, 2009

Committee on Appropriations, May 12, Subcommittee on May 15, Subcommittee on Seapower and Expeditionary Energy and Water Development, and Related Agencies, Forces, on Fiscal Year 2010 National Defense Authoriza- on Army Corps of Engineers, 10 a.m., 2362–B Rayburn. tion Budget Request for Department of the Navy ship- May 12, Subcommittee on Financial Services, General building acquisition programs, 10 a.m., 2212 Rayburn. Government, and Related Agencies, on GSA, 2 p.m., Committee on Education and Labor, May 12, hearing on 2220 Rayburn. American’s Competitiveness through High School Re- May 12, Subcommittee on Homeland Security, on Sec- form, 3 p.m., 2175 Rayburn. retary of Homeland Security, 1 p.m., 2359 Rayburn. May 14, Subcommittee on Health, Families and Com- May 12, Subcommittee on Interior and Environment, munities, hearing on Improving Child Nutrition Pro- and Related Agencies, on Forest Service, 1:30 p.m., grams to Reduce Childhood Obesity, 10 a.m., 2175 Ray- B–308 Rayburn. burn. May 12, Subcommittee on Labor, Health and Human Committee on Energy and Commerce, May 12, Sub- Services, Education and Related Agencies, on Secretary of committee on Commerce, Trade, and Consumer Protec- Labor, 10 a.m., 2359 Rayburn, and on Members Re- tion, hearing on the following: Consumer Credit Protec- quests, 2 p.m., 2358–C Rayburn. tion Improvement Act and H.R. 2190, Mercury Pollution May 13, Subcommittee on Agriculture, Rural Develop- Reduction Act, 2 p.m., 2322 Rayburn. ment, Food and Drug Administration, and Related Agen- May 12, Subcommittee on Health, hearing on H.R. cies, on Secretary of Agriculture, 2 p.m., 2362–A Ray- 1346, Medical Device Safety Act of 2009, 2 p.m., 2123 burn. Rayburn. May 13, Subcommittee on Interior, Environment and Committee on Financial Services, May 13, Subcommittee Related Agencies, on Secretary of the Interior, 9:30 a.m., on Housing and Community Opportunity, hearing enti- 2359 Rayburn. tled ‘‘The Section 8 Voucher Reform Act,’’ 2 p.m., 2128 May 13, Subcommittee on Military Construction, Vet- Rayburn. erans Affairs, and Related Agencies, on Secretary of Vet- May 13, Subcommittee on International Monetary Pol- erans Affairs, 1:30 p.m., 2359 Rayburn. icy and Trade, hearing entitled ‘‘Implications of the May 13, Subcommittee on State, Foreign Operations, G–20 Leaders Summit for Low Income Countries and the and Related Programs, on State Department, 9:30 a.m., Global Economy,’’ 10 a.m., 2128 Rayburn. 2362–A Rayburn. May 14, Subcommittee on Capital Markets, Insurance, May 14, Subcommittee on Financial Services, General and Government Sponsored Enterprises, hearing entitled Government and Related Agencies, on District of Colum- ‘‘How Should the Federal Government Oversee Insur- bia, 9:15 a.m., 2362–A Rayburn. ance?’’ 10 a.m., 2128 Rayburn. May 14, Subcommittee on Interior and Environment, Committee on Foreign Affairs, May 14, Subcommittee on and Related Agencies, on National Park Service, 9 a.m., and on Fish and Wildlife Service, 1:30 p.m., B–308 Ray- Europe, hearing on the United States and Turkey: A burn. Model Partnership, 10:30 a.m., 2172 Rayburn. May 15, Subcommittee on Interior and Environment, May 14, Subcommittee on International Organizations, and Related Agencies, on Indian Health Service, 9:30 Human Rights and Oversight, briefing on UN Office on a.m., B–308 Rayburn. Drugs and Crime’s Role in Combating Piracy, 10 a.m., Committee on Armed Services, May 13, hearing on the Fis- 2200 Rayburn. cal Year 2010 National Defense Authorization Budget Committee on Homeland Security, May 13, hearing enti- Request from the Department of Defense, 10 a.m., 2118 tled ‘‘The President’s FY 2010 Budget Request for the Rayburn. Department of Homeland Security,’’ 10 a.m., 311 Can- May 13, Subcommittee on Strategic Forces, hearing on non. the Fiscal Year 2010 National Defense Authorization May 13, Subcommittee on Transportation Security and Budget Request for the Department of Energy national Infrastructure Protection, to mark up H.R. 2200, Trans- security programs, 2 p.m., 2112 Rayburn. portation Security Administration Authorization Act, 10 May 14, full Committee, hearing on the Fiscal Year a.m., 311 Cannon. 2010 National Defense Authorization Budget Request Committee on the Judiciary, May 13, Subcommittee on from the Department of the Navy, 10 a.m., and a hearing Crime, Terrorism, and Homeland Security, hearing on the on the Fiscal Year 2010 National Defense Authorization National Research Council’s publication ‘‘Strengthening Budget Request from the Department of the Army, 2:30 Forensic Science in the United States: A Path Forward,’’ p.m., 2118 Rayburn. 2 p.m., 2141 Rayburn. May 14, Subcommittee on Defense Acquisition Reform May 14, full Committee, oversight hearing on the De- Panel, hearing on Can DOD Coordinate the Require- partment of Justice, 10 a.m., 2141 Rayburn. ments, Budgets and Acquisition Processes to Reduce Cost Committee on Natural Resources, May 13, Subcommittee Growth and Increase Efficiency in Acquisition? 7 a.m., on Insular Affairs, Oceans and Wildlife, hearing on the 2212 Rayburn. following bills: H.R. 1916, Migratory Bird Habitat In- May 15, Subcommittee on Military Personnel, hearing vestment and Enhancement Act; H.R. 2062, Migratory on the Fiscal Year 2010 National Defense Authorization Bird Treaty Act Penalty and Enforcement Act of 2009; Budget Request on Defense Health Program Overview, 9 and H.R. 2188, Joint Ventures for Bird Habitat Con- a.m., 2118 Rayburn. servation Act of 2009, 2 p.m., 1324 Longworth.

VerDate Nov 24 2008 06:02 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D07MY9.REC D07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 7, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D527

May 14, Subcommittee on National Parks, Forests and Committee on Small Business, May 13, hearing entitled Public Lands, hearing on the following bills: H.R. 129, ‘‘The Role of Small Business Suppliers and Manufacturers To authorize the conveyance of certain National Forest in the Domestic Auto Industry,’’ 10 a.m., 2360 Rayburn. System lands in the Los Padres National Forest in Cali- Committee on Transportation and Infrastructure, May 13, fornia; H.R. 762, To validate final patent number Subcommittee on Aviation, hearing on the Economic Via- 27–2005–0081, and for other purposes; H.R. 865, To bility of the Civil Reserve Air Fleet, (CRAF) Program, 10 convey the New River State Park campground located in a.m., 2167 Rayburn. Mount Rodgers National Recreation Area in the Jefferson May 13, Subcommittee on Coast Guard and Maritime National Forest in Carroll County, Virginia, to the Com- Transportation, hearing on Fiscal Year 2010 Budget Re- monwealth of Virginia, and for other purposes; H.R. quests of the Coast Guard, Maritime Administration, and 1442, To provide for the sale of the Federal Govern- the Federal Maritime Commission, 2 p.m., 2167 Ray- ment’s reversionary interest in approximately 60 acres of land in Salt Lake City, Utah, originally conveyed to the burn. Mount Olivet Cemetery Association under the Act of Jan- May 14, full Committee, hearing on An Independent uary 23, 1909; H.R. 1471, To expand the boundary of FEMA: Restoring the Nation’s Capabilities for Effective the Jimmy Carter National Historic Site in the State of Emergency Management and Disaster Response, 11 a.m., Georgia, to redesignate the unit as a National Historical 2167 Rayburn. Park, and or other purposes; and H.R. 1641, Cascadia May 14, Subcommittee on Railroads, Pipelines, and Marine Trail Study Act, 10 a.m., 1324 Longworth. Hazardous Materials, hearing on Reauthorization of the May 14, Subcommittee on Water and Power, hearing Department of Transportation’s Hazardous Materials Safe- on H.R. 2008, Bonneville Unit Clean Hydropower Facili- ty Program, 2 p.m., 2167 Rayburn. tation Act, 10 a.m., 1334 Longworth. Committee on Veterans’ Affairs, May 13, hearing on Inno- Committee on Oversight and Government Reform, May 13, vative Technologies and Treatments Helping Veterans, 10 hearing on AIG: Where is the Taxpayer’s Money Going? a.m., 334 Cannon. 10 a.m., 2154 Rayburn. May 14, Subcommittee on Disability Assistance and May 14, full Committee, hearing entitled ‘‘Protecting Memorial Affairs, hearing on Examining Appellate Proc- the Public from Waste, Fraud, and Abuse: H.R. 1507, esses and Their Impacts on Veterans, 10 a.m., 334 Can- Whistleblower Protection Enhancement Act of 2009,’’ 10 non. a.m., 2154 Rayburn. May 14, Subcommittee on Economic Opportunity, May 14, Subcommittee on Federal Workforce, Postal hearing on Federal Contract Compliance, 1:30 p.m., 334 Service and the District of Columbia, hearing entitled Cannon. ‘‘Protecting the Protectors: An Assessment of Front-line Committee on Ways and Means, May 14, Subcommittee Federal Workers in Response to the H1N1 Flu,’’ 2 p.m., on Trade, hearing on investment obligations in U.S. bi- 2154 Rayburn. lateral investment treaties (BITs) and free trade agree- Committee on Science and Technology, May 13, Sub- committee on Energy and Environment, to mark up the ments (FTAs), 10 a.m., 1100 Longworth. National Climate Service Act of 2009, 10 a.m., 2318 Joint Meetings Rayburn. May 14, full Committee, hearing on An Overview of Joint Economic Committee: to hold hearings to examine the Federal R&D Budget for Fiscal Year 2010, 2 p.m., the employment situation for April 2009, 9:30 a.m., 2318 Rayburn. SD–106.

VerDate Nov 24 2008 06:02 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D07MY9.REC D07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE D528 CONGRESSIONAL RECORD — DAILY DIGEST May 7, 2009

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, May 11 2 p.m., Monday, May 11

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: The House will meet in pro morning business (not to extend beyond 3 p.m.), Senate forma session at 2 p.m. will begin consideration of H.R. 627, Credit Cardholders’ Bill of Rights Act.

Extensions of Remarks, as inserted in this issue

HOUSE Fox, Virginia, N.C., E1099 Nunes, Devin, Calif., E1094 Gallegly, Elton, Calif., E1093 Oberstar, James L., Minn., E1108 Bachmann, Michele, Minn., E1091 Gerlach, Jim, Pa., E1084, E1096 Olver, John W., Mass., E1103 Bartlett, Roscoe G., Md., E1103 Goodlatte, Bob, Va., E1099 Paul, Ron, Tex., E1099 Bishop, Rob, Utah, E1095 Graves, Sam, Mo., E1094 Perlmutter, Ed, Colo., E1106, E1107, E1107, E1108, Blackburn, Marsha, Tenn., E1084, E1096, E1103 Grijalva, Rau´ l M., Ariz., E1101 E1108, E1108, E1109 Blumenauer, Earl, Ore., E1100 Hastings, Alcee L., Fla., E1097, E1104 Rangel, Charles B., N.Y., E1093 Bonner, Jo, Ala., E1104 Heller, Dean, Nev., E1087 Reichert, David G., Wash., E1107 Calvert, Ken, Calif., E1094, E1104 Hoyer, Steny H., Md., E1083 Roybal-Allard, Lucille, Calif., E1083, E1095, E1103 Cantor, Eric, Va., E1100, E1106 Johnson, Eddie Bernice, Tex., E1085, E1090 Rush, Bobby L., Ill., E1098 Capuano, Michael E., Mass., E1094 Kaptur, Marcy, Ohio, E1109 Sa´ nchez, Linda T., Calif., E1086 Carson, Andre´, Ind., E1099 Kildee, Dale E., Mich., E1091 Shimkus, John, Ill., E1083, E1097, E1106 Castle, Michael N., Del., E1109 Kirk, Mark Steven, Ill., E1105 Simpson, Michael K., Idaho, E1083, E1101 Clarke, Yvette D., N.Y., E1086 Kucinich, Dennis J., Ohio, E1106 Sires, Albio, N.J., E1092 Connolly, Gerald E., Va., E1107 LaTourette, Steven C., Ohio, E1096 Smith, Adrian, Nebr., E1091 Costello, Jerry F., Ill., E1090 Lee, Barbara, Calif., E1106 Tanner, John S., Tenn., E1087, E1100 Davis, Susan A., Calif., E1105 Lewis, John, Ga., E1108 Thompson, Mike, Calif., E1090 Delahunt, William D., Mass., E1084, E1094, E1101 Lipinski, Daniel, Ill., E1100 Tiberi, Patrick J., Ohio, E1095 DeLauro, Rosa L., Conn., E1094 McNerney, Jerry, Calif., E1098 Van Hollen, Chris, Md., E1085 Dingell, John D., Mich., E1086, E1090 Matheson, Jim, Utah, E1092 Vela´ zquez, Nydia M., N.Y., E1085 Ehlers, Vernon J., Mich., E1098 Miller, Jeff, Fla., E1096 Waters, Maxine, Calif., E1105 Etheridge, Bob, N.C., E1085 Moore, Gwen, Wisc., E1098 Westmoreland, Lynn A., Mac, Ga., E1091, E1102 Farr, Sam, Calif., E1102 Norton, Eleanor Holmes, D.C., E1093, E1097 Wexler, Robert, Fla., E1092

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available through GPO Access at www.gpo.gov/gpoaccess. Customers can also access this information with WAIS client software, via telnet at swais.access.gpo.gov, or dial-in using communications software and a modem at 202–512–1661. Questions or comments regarding this database or GPO Access can be directed to the GPO Access User Support Team at: E-Mail: [email protected]; Phone 1–888–293–6498 (toll-free), 202–512–1530 (D.C. area); Fax: 202–512–1262. The Team’s hours of availability are Monday through Friday, 7:00 a.m. to 5:30 p.m., Eastern Standard Time, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche edition will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $252.00 for six months, $503.00 per year, or purchased as follows: less than 200 pages, $10.50; between 200 and 400 pages, $21.00; greater than 400 pages, $31.50, payable in advance; microfiche edition, $146.00 per year, or purchased for $3.00 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to 866–512–1800 (toll free), 202–512–1800 (D.C. area), or fax to 202–512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Printing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Nov 24 2008 06:02 Jul 09, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0664 Sfmt 0664 E:\RECORD09\RECFILES\D07MY9.REC D07MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE