March 24, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 8291 on factual or legal issues of exceptional com- time be yielded back, the motion to (upon a vote of not less than two-thirds of plexity justifying the extension. proceed be agreed to, and that after the the members of the Board of Directors) and (c) Challenges to the voting would have to bill is reported, I, Senator MIKULSKI, be the Board of Governors of the Federal Re- be filed within 5 days with the Board having recognized to call up the substitute serve System (upon a vote of not less than 15 days to resolve any disputes with an addi- two-thirds of the members of such Board), tional 10 days if they find issues of excep- amendment. the Secretary of the Treasury (in consulta- tional complexity. The PRESIDING OFFICER. Without tion with the President) determines that ad- (2) Adding unfair labor practices: objection, it is so ordered. ditional amounts above the $100,000,000,000 (a) an employer or union official visits to The clerk will report. amount specified in paragraph (1) are nec- an employee at his/her home without prior The legislative clerk read as follows: essary, such amount shall be increased to consent for any purpose related to a rep- A bill (H.R. 1388) to reauthorize and reform the amount so determined to be necessary, resentation campaign. the national service laws. not to exceed $500,000,000,000. (b) an employer holds employees in a ‘‘cap- ‘‘(B) REPORT REQUIRED.—If the borrowing AMENDMENT NO. 687 tive audience’’ speech unless the union has authority of the Corporation is increased equal time under identical circumstances. (In the nature of a substitute) above $100,000,000,000 pursuant to subpara- (c) an employer or union engages in cam- The PRESIDING OFFICER. The Sen- graph (A), the Corporation shall promptly paign related activities aimed at employees ator from Maryland. submit a report to the Committee on Bank- within 24 hours prior to an election. Ms. MIKULSKI. I call up my amend- ing, Housing, and Urban Affairs of the Sen- (3) Authorizing the NLRB to impose treble ment which is at the desk. ate and the Committee on Financial Services back pay without reduction for mitigation The PRESIDING OFFICER. The of the House of Representatives describing when an employee is unlawfully fired. clerk will report. the reasons and need for the additional bor- (4) Authorizing civil penalties up to $20,000 The assistant legislative clerk read rowing authority and its intended uses.’’. per violation on an NLRB finding of willful as follows: Mr. CRAPO. Mr. President, today we and repeated violations of employees’ statu- face very difficult economic threats in tory rights by an employer or union during The Senator from Maryland [Ms. MIKUL- an election campaign. SKI] proposes an amendment numbered 687. our financial industries. It is impor- (5) Require the parties to begin negotia- Ms. MIKULSKI. I ask unanimous tant that we consider the possibility tions within 21 days after a union is cer- consent that reading of the amendment that our regulatory authorities do not tified. If there is no agreement after 120 days be dispensed with. have sufficient authority necessary to from the first meeting, either party may call The PRESIDING OFFICER. Without deal with potential financial institu- for mediation by the Federal Mediation and tion failures. As a result, this is not an Conciliation Service. objection, it is so ordered. (The amendment is printed in today’s acknowledgment that anything like (6) On a finding that a party is not negoti- that will happen, but there is certainly ating in good faith, an order may be issued RECORD under ‘‘Text of Amendments.’’ establishing a schedule for negotiation and Ms. MIKULSKI. I suggest the absence the threat and concern in our financial imposing costs and attorney fees. of a quorum. markets as to whether we need to have (7) Broaden the provisions for injunctive The PRESIDING OFFICER. The additional protective authorities. relief with reasonable attorneys’ fees on a clerk will call the roll. The Federal Deposit Insurance Cor- finding that either party is not acting in The legislative clerk proceeded to poration protects against the loss of in- good faith. call the roll. sured deposits if a federally insured (8) Require a dissent by a member of the bank or savings institution fails. It is Board to be completed 45 days after the ma- Mr. CRAPO. I ask unanimous consent that the order for the quorum call be important to note, though, that deposi- jority opinion is filed. tors who have deposits at these institu- (9) Establish a certiorari-type process dispensed with. where the Board would exercise discretion on The PRESIDING OFFICER. Without tions are protected by Federal guaran- reviewing challenges from decisions by an objection, it is so ordered. tees, and these guarantees are, in the event of a bank failure, immediately administrative law judge or regional direc- AMENDMENT NO. 688 TO AMENDMENT NO. 687 tor. protected by the FDIC. It is not the Mr. CRAPO. I send an amendment to (10) If the Board does not grant review or taxpayers but fees and assessments the desk. fails to issue a decision within 180 days after paid by the depository institutions The PRESIDING OFFICER. The receiving the record, the decision of the ad- themselves that cover the cost of this clerk will report. ministrative judge or regional director protection. However, the level of bor- would be final. The legislative clerk read as follows: (11) Authorizing the award of reasonable rowing authority the FDIC has to pro- The Senator from Idaho [Mr. CRAPO], for vide this protection has not increased attorneys’ fees on a finding of harassment, himself and Mr. CORKER, proposes an amend- causing unnecessary delay or bad faith. ment numbered 688 to amendment No. 687. since 1991. At that time, the amount (12) Modify the NLRA to give the court was set at $30 billion. The assets in the The amendment is as follows: broader discretion to impose a Gissel order banking industry under protection on a finding that the environment has dete- (Purpose: To increase the borrowing author- have tripled since that time from $4.5 riorated to the extent that a fair election is ity of the Federal Deposit Insurance Cor- poration, and for other purposes) trillion to $13.6 trillion. Yet the bor- not possible. rowing authority of the FDIC has not Mr. SPECTER. I yield the floor. At the appropriate place, add the fol- lowing: been increased. The PRESIDING OFFICER. Who This legislation does two significant seeks recognition? SEC. ll. INCREASED BORROWING AUTHORITY OF THE FEDERAL DEPOSIT INSUR- things. It increases the borrowing au- Mr. KYL. Mr. President, I suggest the ANCE CORPORATION. thority of the FDIC from $30 billion to absence of a quorum. Section 14(a) of the Federal Deposit Insur- $100 billion, approximating the percent- The PRESIDING OFFICER. The ance Act (12 U.S.C. 1824(a)) is amended— age increase of the assets under protec- clerk will call the roll. (1) by striking ‘‘$30,000,000,000’’ and insert- tion and the growth in the assets under The legislative clerk proceeded to ing ‘‘$100,000,000,000’’; protection since the original level was (2) by striking ‘‘The Corporation is author- call the roll. set in 1991. The bill also authorizes a Ms. MIKULSKI. I ask unanimous ized’’ and inserting the following: ‘‘(1) IN GENERAL.—The Corporation is au- temporary increase in borrowing au- consent that the order for the quorum thorized’’; thority from that $100 billion increased call be rescinded. (3) by striking ‘‘There are hereby’’ and in- level up to but not to exceed $500 bil- The PRESIDING OFFICER. Without serting the following: lion based on a process that would re- objection, it is so ordered. ‘‘(2) FUNDING.—There are hereby’’; and quire the concurrence of the FDIC, the (4) by adding at the end the following: f Federal Reserve Board, and the Treas- ‘‘(3) TEMPORARY INCREASES AUTHORIZED.— ury Department, in consultation with ‘‘(A) RECOMMENDATIONS FOR INCREASE.— NATIONAL SERVICE the President. The reason for this addi- REAUTHORIZATION ACT During the period beginning on the date of enactment of this paragraph and ending on tional authority is because of the ex- Ms. MIKULSKI. Mr. President, I ask December 31, 2010, if, upon the written rec- treme difficulties we are facing in our unanimous consent that all postcloture ommendation of the Board of Directors economy now, and we need to ensure VerDate Mar 15 2010 14:18 Aug 05, 2011 Jkt 059102 PO 00000 Frm 00019 Fmt 0685 Sfmt 0634 E:\BR09\S24MR9.000 S24MR9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8292 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 7 March 24, 2009 that the FDIC has the necessary capac- The PRESIDING OFFICER. Who not find the job she wants with a com- ity to deal with any such threats. seeks recognition? pany she wants or some other employer This legislation is very important Ms. MIKULSKI. I suggest the absence she is excited about working for, she and urgent. The reason I bring it forth of a quorum. should consider spending maybe not on this national service legislation is The PRESIDING OFFICER. The just a couple of months but maybe a because we don’t have time to wait to clerk will call the roll. year or even two in serving. consider this legislation. It exists in a The legislative clerk proceeded to There are any number of opportuni- freestanding bill form on a bipartisan call the roll. ties to serve in Delaware and through- basis, with Republicans and Democrats Mr.